Calendar No. 8

106TH CONGRESS

1ST SESSION S. 254

A BILL

To reduce violent juvenile crime, promote accountother purposes. punish and deter violent gang crime, and for ability by and rehabilitation of juvenile criminals,

JANUARY 22, 1999

Read the second time and placed on the calendar
II

Calendar No. 8

106TH CONGRESS

1ST SESSION S. 254

To reduce violent juvenile crime, promote accountability by and rehabilitation

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

purposes.

IN THE SENATE OF THE UNITED STATES

JANUARY 20, 1999

Mr. HATCH (for himself, Mr. SESSIONS, Mr. THURMOND, Mr. ABRAHAM, Mr.

DEWINE, Mr. ASHCROFT, Mr. LOTT, and Mr. HAGEL) introduced the following bill; which was read the first time

JANUARY 22, 1999

Read the second time and placed on the calendar

A BILL

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. Repeal of general provision.

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. Amendment of Federal sentencing guidelines with respect to body

armor.

Sec. 205. High intensity interstate gang activity areas.

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

TITLE III—JUVENILE CRIME CONTROL, ACCOUNTABILITY, AND

DELINQUENCY PREVENTION

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

of 1974

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

Sec. 302. Juvenile crime control and prevention.

Sec. 303. Runaway and homeless youth.

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

Sec. 305. Transfer of functions and savings provisions.

Subtitle B—Accountability for Juvenile Offenders and Public Protection

Incentive Grants

Sec. 321. Block grant program.

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

crime reduction strategies.

Sec. 323. Repeal of unnecessary and duplicative programs.

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

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

Sec. 326. Sense of Congress.
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Subtitle C—Alternative Education and Delinquency Prevention

Sec. 331. Alternative education.

TITLE IV—MISCELLANEOUS PROVISIONS

Subtitle A—General Provisions

Sec. 401. Prohibition on firearms possession by violent juvenile offenders.

Subtitle B—Jail-Based Substance Abuse

Sec. 421. Jail-based substance abuse treatment programs.

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
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1 9.2 percent, and the number of persons less

2 than 18 years of age arrested for such crimes

3 increased by 6.5 percent;

4 (4) from 1985 to 1996, the number of persons

5 arrested for all violent crimes increased by 52.3 per6 cent, but the number of persons under age 18 ar7 rested for violent crimes rose by 75 percent;

8 (5) the number of juvenile offenders is expected

9 to undergo a massive increase during the first 2 dec10 ades of the twenty-first century, culminating in an

11 unprecedented number of violent offenders who are

12 less than 18 years of age;

13 (6) the rehabilitative model of sentencing for ju14 veniles, which Congress rejected for adult offenders

15 when Congress enacted the Sentencing Reform Act

16 of 1984, is inadequate and inappropriate for dealing

17 with many violent and repeat juvenile offenders;

18 (7) the Federal Government should encourage

19 the States to experiment with progressive solutions

20 to the escalating problem of juveniles who commit

21 violent crimes and who are repeat offenders, includ22 ing prosecuting such offenders as adults, but should

23 not impose specific strategies or programs on the

24 States;
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1 (8) an effective strategy for reducing violent ju2 venile crime requires greater collection of investiga3 tive data and other information, such as fingerprints

4 and DNA evidence, as well as greater sharing of

5 such information—

6 (A) among Federal, State, and local agen7 cies, including the courts; and

8 (B) among the law enforcement, edu9 cational, and social service systems;

10 (9) data regarding violent juvenile offenders

11 should be made available to the adult criminal jus12 tice system if recidivism by criminals is to be ad13 dressed adequately;

14 (10) holding juvenile proceedings in secret de15 nies victims of crime the opportunity to attend and

16 be heard at such proceedings, helps juvenile offend17 ers to avoid accountability for their actions, and

18 shields juvenile proceedings from public scrutiny and

19 accountability;

20 (11) the injuries and losses suffered by the vic21 tims of violent crime are no less painful or devastat22 ing because the offender is a juvenile; and

23 (12) the prevention, investigation, prosecution,

24 adjudication, and punishment of criminal offenses

25 committed by juveniles, and the rehabilitation and
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1 correction of juvenile offenders are, and should re2 main, primarily the responsibility of the States, to

3 be carried out without interference from the Federal

4 Government.

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

6 (1) to reform Federal juvenile justice programs

7 and policies in order to promote the emergence of ju8 venile justice systems in which the paramount con9 cerns are providing for the safety of the public and

10 holding juvenile wrongdoers accountable for their ac11 tions, while providing the wrongdoer a genuine op12 portunity for self-reform;

13 (2) to revise the procedures in Federal court

14 that are applicable to the prosecution of juvenile of15 fenders; and

16 (3) to encourage and promote, consistent with

17 the ideals of federalism, adoption of policies by the

18 States to ensure that the victims of violent crimes

19 committed by juveniles receive the same level of jus20 tice as do victims of violent crimes that are commit21 ted by adults.

22 SEC. 3. SEVERABILITY.

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

24 this Act, or the application of such provision or amend25 ment to any person or circumstance is held to be unconsti-
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1 tutional, the remainder of this Act, the amendments made

2 by this Act, and the application of the provisions of such

3 to any person or circumstance shall not be affected there4 by.

5 TITLE I—JUVENILE JUSTICE

6 REFORM

7 SEC. 101. REPEAL OF GENERAL PROVISION.

8 (a) IN GENERAL.—Chapter 401 of title 18, United

9 States Code, is amended—

10 (1) by striking section 5001; and

11 (2) by redesignating section 5003 as section

12 5001.

13 (b) CONFORMING AMENDMENTS.—The analysis for

14 chapter 401 of title 18, United States Code, is amended—

15 (1) by striking the items relating to sections

16 5001 and 5002; and

17 (2) by redesignating the item relating to section

18 5003 as an item relating to section 5001.

19 SEC. 102. TREATMENT OF FEDERAL JUVENILE OFFENDERS.

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

21 States Code, is amended to read as follows:

22 ‘‘§ 5032. Delinquency proceedings in district courts;

23 juveniles tried as adults; transfer for

24 other criminal prosecution

25 ‘‘(a) IN GENERAL.—
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1 ‘‘(1) DELINQUENCY PROCEEDINGS IN DISTRICT

2 COURTS.—A juvenile who is alleged to have commit3 ted a Federal offense shall, except as provided in

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

5 court of the United States—

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

7 subsection (c), and except as provided in sub8 section (i), if the juvenile was not less than 14

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

10 adult at the discretion of the United States At11 torney in the appropriate jurisdiction, upon cer12 tification by that United States Attorney (which

13 certification shall not be subject to review in or

14 by any court) that—

15 ‘‘(i) there is a substantial Federal in16 terest in the case or the offense to warrant

17 the exercise of Federal jurisdiction; or

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

19 require;

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

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

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

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

24 offense, as an adult, upon certification by the
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1 Attorney General (which certification shall not

2 be subject to review in or by any court) 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 ‘‘(C) in the case of a juvenile who has, on

9 a prior occasion, been tried and convicted as an

10 adult under this section, as an adult; and

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

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

13 APPLICATION TO CONCURRENT JURISDICTION.—

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

15 Attorney in the appropriate jurisdiction (or in

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

17 the Attorney General), declines prosecution of

18 an offense under this section, the matter may

19 be referred to the appropriate legal authorities

20 of the State or Indian tribe with jurisdiction

21 over both the offense and the juvenile.

22 ‘‘(B) APPLICATION TO CONCURRENT JU23 RISDICTION.—The United States Attorney in

24 the appropriate jurisdiction (or, in the case of

25 an offense under paragraph (1)(B), the Attor-
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1 ney General), in cases of concurrent jurisdiction

2 between the Federal Government and a State or

3 Indian tribe over both the offense and the juve4 nile, shall exercise a presumption in favor of re5 ferral pursuant to subparagraph (A), unless the

6 United States Attorney pursuant to paragraph

7 (1)(A) (or the Attorney General pursuant to

8 paragraph (1)(B)) certifies (which certification

9 shall not be subject to review in or by any

10 court) that—

11 ‘‘(i) the prosecuting authority or the

12 juvenile court or other appropriate court of

13 the State or Indian tribe refuses, declines,

14 or will refuse or will decline to assume ju15 risdiction over the offense or the juvenile;

16 and

17 ‘‘(ii) there is a substantial Federal in18 terest in the case or the offense to warrant

19 the exercise of Federal jurisdiction.

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

21 ‘‘(i) INDIAN TRIBE.—The term ‘In22 dian tribe’ has the meaning given the term

23 in section 4(e) of the Indian Self-Deter24 mination and Education Assistance Act

25 (25 U.S.C. 450b(e)).
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1 ‘‘(ii) STATE.—The term ‘State’ in2 cludes a State of the United States, the

3 District of Columbia, and any common4 wealth, territory, or possession of the

5 United States.

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

7 prosecution under this section, a juvenile may be pros8 ecuted and convicted as an adult for any offense that is

9 properly joined under the Federal Rules of Criminal Pro10 cedure with an offense described in subsection (c), and

11 may also be convicted of a lesser included offense.

12 ‘‘(c) OFFENSES DESCRIBED.—An offense is de13 scribed in this subsection if it is a Federal offense that—

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

15 offense (as those terms are defined in section

16 3559(c), except that section 3559(c)(3) does not

17 apply to this subsection); or

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

19 an offense described in paragraph (1).

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

21 CASES; LIMITATIONS ON JUDICIAL REVIEW.—

22 ‘‘(1) IN GENERAL.—Except as otherwise pro23 vided in this subsection, a determination to approve

24 or not to approve, or to institute or not to institute,
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1 a prosecution under subsection (a)(1) shall not be

2 reviewable in any court.

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

4 ADULT OF CERTAIN JUVENILE.—In any prosecution

5 of a juvenile under subsection (a)(1)(A) if the juve6 nile was less than 16 years of age at the time of the

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

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

9 which criminal charges have been filed shall deter10 mine whether to issue an order to provide for the

11 transfer of the defendant to juvenile status for the

12 purposes of proceeding against the defendant under

13 subsection (a).

14 ‘‘(3) TIME REQUIREMENTS.—A motion by a de15 fendant under paragraph (2) shall not be considered

16 unless that motion is filed not later than 20 days

17 after the date on which the defendant—

18 ‘‘(A) initially appears through counsel; or

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

20 and elects to proceed pro se.

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

22 the transfer of a defendant to juvenile status under

23 paragraph (2) unless the defendant establishes by

24 clear and convincing evidence or information that re25 moval to juvenile status would be in the interest of
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1 justice. In making a determination under paragraph

2 (2), the court may consider—

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

5 a leadership role in an organization, or other6 wise influenced other persons to take part in

7 criminal activities;

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

9 an adult is necessary to protect property or

10 public safety;

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

12 juvenile;

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

14 criminal or delinquency record of the juvenile;

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

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

18 and the response of the juvenile to those efforts;

19 and

20 ‘‘(G) the availability of programs designed

21 to treat any identified behavioral problems of

22 the juvenile.

23 ‘‘(5) STATUS OF ORDERS.—

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

25 made in ruling on a motion by a defendant to
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1 transfer a defendant to juvenile status under

2 this subsection shall not be a final order for the

3 purpose of enabling an appeal, except that an

4 appeal by the United States shall lie to a court

5 of appeals pursuant to section 3731 from an

6 order of a district court removing a defendant

7 to juvenile status.

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

9 of appeal of an order under this paragraph, a

10 court of appeals shall hear and determine the

11 appeal on an expedited basis.

12 ‘‘(6) INADMISSIBILITY OF EVIDENCE.—

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

14 subparagraph (B), no statement made by a de15 fendant during or in connection with a hearing

16 under this subsection shall be admissible

17 against the defendant in any criminal prosecu18 tion.

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

20 subparagraph (A) shall not apply, except—

21 ‘‘(i) for impeachment purposes; or

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

23 giving a false statement.
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1 ‘‘(7) RULES.—The rules concerning the receipt

2 and admissibility of evidence under this subsection

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

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

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

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

7 under subsection (a), shall proceed in the same man8 ner as is required by this title and by the Federal

9 Rules of Criminal Procedure in any proceeding

10 against an adult; and

11 ‘‘(2) in all other cases, shall proceed in accord12 ance with this chapter, unless the juvenile has re13 quested in writing, upon advice of counsel, to be pro14 ceeded against as an adult.

15 ‘‘(f) APPLICATION OF LAWS.—

16 ‘‘(1) APPLICABILITY OF SENTENCING PROVI17 SIONS.—

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

19 provided in this chapter, in any case in which

20 a juvenile is prosecuted in a district court of the

21 United States as an adult, the juvenile shall be

22 subject to the same laws, rules, and proceedings

23 regarding sentencing (including the availability

24 of probation, restitution, fines, forfeiture, im25 prisonment, and supervised release) that would
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1 be applicable in the case of an adult, except

2 that no person shall be subject to the death

3 penalty for an offense committed before the

4 person attains the age of 18 years.

5 ‘‘(B) STATUS AS ADULT.—No juvenile sen6 tenced to a term of imprisonment shall be re7 leased from custody on the basis that the juve8 nile has attained the age of 18 years.

9 ‘‘(C) APPLICABLE GUIDELINES.—Each ju10 venile tried as an adult shall be sentenced in ac11 cordance with the Federal sentencing guidelines

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

13 United States Code, once such guidelines are

14 promulgated and take effect.

15 ‘‘(2) APPLICABILITY OF MANDATORY RESTITU16 TION PROVISIONS TO CERTAIN JUVENILES.—If a ju17 venile is tried as an adult for any offense to which

18 the mandatory restitution provisions of sections

19 3663A, 2248, 2259, 2264, and 2323 apply, those

20 sections shall apply to that juvenile in the same

21 manner and to the same extent as those provisions

22 apply to adults.

23 ‘‘(g) OPEN PROCEEDINGS.—

24 ‘‘(1) IN GENERAL.—Any offense tried or adju25 dicated in a district court of the United States
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1 under this section shall be open to the general pub2 lic, in accordance with rules 10, 26, 31(a), and 53

3 of the Federal Rules of Criminal Procedure, unless

4 good cause is established by the moving party or is

5 otherwise found by the court, for closure.

6 ‘‘(2) STATUS ALONE INSUFFICIENT.—The sta7 tus of the defendant as a juvenile, absent other fac8 tors, shall not constitute good cause for purposes of

9 this subsection.

10 ‘‘(h) AVAILABILITY OF RECORDS.—

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

12 concerning the arrest or prosecution of a juvenile in

13 a district court of the United States under this sec14 tion, the United States Attorney of the appropriate

15 jurisdiction, or, as appropriate, the Attorney Gen16 eral, shall have complete access to the prior Federal

17 juvenile records of the subject juvenile and, to the

18 extent permitted by State law, the prior State juve19 nile records of the subject juvenile.

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

21 any case in which a juvenile is found guilty or adju22 dicated delinquent in an action under this section,

23 the district court responsible for imposing sentence

24 shall have complete access to the prior Federal juve25 nile records of the subject juvenile and, to the extent
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1 permitted under State law, the prior State juvenile

2 records of the subject juvenile. At sentencing, the

3 district court shall consider the entire available prior

4 juvenile record of the subject juvenile.

5 ‘‘(i) APPLICATION TO INDIAN COUNTRY.—Notwith6 standing sections 1152 and 1153, certification under sub7 paragraph (A) or (B) of subsection (a)(1) shall not be

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

9 to the criminal jurisdiction of an Indian tribal government

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

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

12 which there would be Federal jurisdiction based solely on

13 commission of the offense in Indian country (as defined

14 in section 1151), unless the governing body of the tribe

15 having jurisdiction over the place where the alleged offense

16 was committed has, before the occurrence of the alleged

17 offense, notified the Attorney General in writing of its

18 election that prosecution as an adult may take place under

19 this section.’’.

20 (b) CONFORMING AMENDMENTS.—

21 (1) CHAPTER ANALYSIS.—The analysis for

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

23 amended by striking the item relating to section

24 5032 and inserting the following:

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

transfer for other criminal prosecution.’’.
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1 (2) ADULT SENTENCING.—Section 3553 of title

2 18, United States Code, is amended by adding at

3 the end the following:

4 ‘‘(g) LIMITATION ON APPLICABILITY OF STATUTORY

5 MINIMUMS IN CERTAIN PROSECUTIONS OF PERSONS

6 YOUNGER THAN 16.—Notwithstanding any other provi7 sion of law, in the case of a defendant convicted for con8 duct that occurred before the juvenile attained the age of

9 16 years, the court shall impose a sentence without regard

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

11 sentencing, after affording the Government an opportunity

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

13 previously adjudicated delinquent for, or convicted of, a

14 serious violent felony or a serious drug offense (as those

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

16 ‘‘(h) TREATMENT OF JUVENILE CRIMINAL HISTORY

17 IN FEDERAL SENTENCING.—

18 ‘‘(1) IN GENERAL.—

19 ‘‘(A) SENTENCING GUIDELINES.—Pursu20 ant to its authority under section 994 of title

21 28, the United States Sentencing Commission

22 (referred to in this subsection as the ‘Commis23 sion’) shall amend the Federal sentencing

24 guidelines to provide that, in determining the

25 criminal history score under the Federal sen-
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1 tencing guidelines for any adult offender or any

2 juvenile offender being sentenced as an adult,

3 prior juvenile convictions and adjudications for

4 offenses described in paragraph (2) shall receive

5 a score similar to that which the defendant

6 would have received if those offenses had been

7 committed by the defendant as an adult, if any

8 portion of the sentence for the offense was im9 posed or served within 15 years after the com10 mencement of the instant offense.

11 ‘‘(B) REVIEWS.—The Commission shall re12 view the criminal history treatment of juvenile

13 adjudications or convictions for offenses other

14 than those described in paragraph (2) to deter15 mine whether the treatment should be adjusted

16 as described in subparagraph (A), and make

17 any amendments to the Federal sentencing

18 guidelines as necessary to make whatever ad19 justments the Commission concludes are nec20 essary to implement the results of the review.

21 ‘‘(2) OFFENSES DESCRIBED.—The offenses de22 scribed in this paragraph include any—

23 ‘‘(A) crime of violence;

24 ‘‘(B) controlled substance offense;
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1 ‘‘(C) other offense for which the defendant

2 received a sentence or disposition of imprison3 ment of 1 year or more; and

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

5 imprisonment of more than 1 year for which

6 the defendant was prosecuted as an adult.

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

8 guidelines described in paragraph (1) shall define

9 the terms ‘crime of violence’ and ‘controlled sub10 stance offense’ in substantially the same manner as

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

12 of the November 1, 1995, Guidelines Manual.

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

14 out this subsection, the Commission—

15 ‘‘(A) shall assign criminal history points

16 for juvenile adjudications based principally on

17 the nature of the acts committed by the juve18 nile; an

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

20 the score in light of the length of sentence the

21 juvenile received.

22 ‘‘(5) EMERGENCY AUTHORITY.—The Commis23 sion shall promulgate the Federal sentencing guide24 lines and amendments under this subsection as soon

25 as practicable, and in any event not later than 90
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1 days after the date of enactment of the Violent and

2 Repeat Juvenile Offender Accountability and Reha3 bilitation Act of 1999, in accordance with the proce4 dures set forth in section 21(a) of the Sentencing

5 Act of 1987, as though the authority under that au6 thority had not expired, except that the Commission

7 shall submit to Congress the emergency guidelines

8 or amendments promulgated under this section, and

9 shall set an effective date for those guidelines or

10 amendments not earlier than 30 days after their

11 submission to Congress.

12 ‘‘(6) CAREER OFFENDER DETERMINATION.—

13 Pursuant to its authority under section 994 of title

14 28, the Commission shall amend the Federal sen15 tencing guidelines to provide for inclusion, in any de16 termination regarding whether a juvenile or adult

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

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

19 any defendant found to be a career offender should

20 receive, of any act for which the defendant was pre21 viously convicted or adjudicated delinquent as a ju22 venile that would be a felony covered by that section

23 if it had been committed by the defendant as an

24 adult.’’.
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1 SEC. 103. DEFINITIONS.

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

3 amended to read as follows:

4 ‘‘§ 5031. Definitions

5 ‘‘In this chapter:

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

7 means an individual who has attained the age of 18

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

9 or convicted of criminal charges or an act of juvenile

10 delinquency committed while a juvenile.

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

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

13 age of 18 years; or

14 ‘‘(B) for the purpose of proceedings and

15 disposition under this chapter for an alleged act

16 of juvenile delinquency, a person who has not

17 attained the age of 21 years.

18 ‘‘(3) JUVENILE DELINQUENCY.—The term ‘ju19 venile delinquency’ means the violation of a law of

20 the United States committed by a person before the

21 eighteenth birthday of that person, if the violation—

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

23 by an adult; or

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

25 ‘‘(4) PROHIBITED PHYSICAL CONTACT.—
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1 ‘‘(A) IN GENERAL.—The term ‘prohibited

2 physical contact’ means—

3 ‘‘(i) any physical contact between a

4 juvenile and an adult inmate; and

5 ‘‘(ii) proximity that provides an op6 portunity for physical contact between a

7 juvenile and an adult inmate.

8 ‘‘(B) EXCLUSION.—The term does not in9 clude supervised proximity between a juvenile

10 and an adult inmate that is brief and incidental

11 or accidental.

12 ‘‘(5) SUSTAINED ORAL COMMUNICATION.—

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

14 oral communication’ means the imparting or

15 interchange of speech by or between a juvenile

16 and an adult inmate.

17 ‘‘(B) EXCEPTION.—The term does not

18 include—

19 ‘‘(i) communication that is accidental

20 or incidental; or

21 ‘‘(ii) sounds or noises that cannot rea22 sonably be considered to be speech.

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

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

25 commonwealth, territory, or possession of the United
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1 States and, with regard to an act of juvenile delin2 quency that would have been a misdemeanor if com3 mitted by an adult, an Indian tribe (as defined in

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

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

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

7 juvenile’ means any juvenile who is alleged to have

8 committed, has been adjudicated delinquent for, or

9 has been convicted of an offense that, if committed

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

11 in section 16).’’.

12 SEC. 104. NOTIFICATION AFTER ARREST.

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

14 amended—

15 (1) in the first sentence, by striking ‘‘imme16 diately notify the Attorney General and’’ and insert17 ing the following: ‘‘immediately, or as soon as prac18 ticable thereafter, notify the United States Attorney

19 of the appropriate jurisdiction and shall promptly

20 take reasonable steps to notify’’; and

21 (2) in the second sentence of the second undes22 ignated paragraph, by inserting before the period at

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

24 be subject to detention under conditions that permit

25 prohibited physical contact with adult inmates or in
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1 which the juvenile and an adult inmate can engage

2 in sustained oral communication’’.

3 SEC. 105. RELEASE AND DETENTION PRIOR TO DISPOSI4 TION.

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

6 18, United States Code, is amended—

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

8 and inserting the following:

9 ‘‘(a) IN GENERAL.—

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

11 magistrate shall ensure’’;

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

13 and inserting the following:

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

15 may appoint’’;

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

17 the following:

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

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

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

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

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

23 shall be released pending trial only in accordance with the

24 applicable provisions of chapter 207. The release shall be

25 conducted in the same manner and shall be subject to the
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1 same terms, conditions, and sanctions for violation of a

2 release condition as provided for an adult under chapter

3 207.

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

5 ON RELEASE.—

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

7 committed, while on release under this section, an

8 offense that, if committed by an adult, would be a

9 Federal criminal offense, shall be subject to prosecu10 tion under section 5032.

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

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

13 tried as an adult pursuant to section 5032 for an of14 fense committed while on release under this sec15 tion.’’.

16 (b) DETENTION PRIOR TO DISPOSITION.—Section

17 5035 of title 18, United States Code, is amended—

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

19 following:

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

21 (b), a juvenile’’;

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

23 (A) in the third sentence, by striking ‘‘reg24 ular contact’’ and inserting ‘‘prohibited physical

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

2 the following: ‘‘To the extent practicable, vio3 lent juveniles shall be kept separate from non4 violent juveniles.’’; and

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

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

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

8 tried as an adult pursuant to section 5032 shall be

9 subject to detention in accordance with chapter 207

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

11 to the same terms and conditions as an adult would

12 be subject to under that chapter.

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

16 oral communication with adult inmates. To the ex17 tent practicable, violent juveniles shall be kept sepa18 rate from nonviolent juveniles.’’.

19 SEC. 106. SPEEDY TRIAL.

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

21 amended—

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

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

24 ‘‘If an alleged delinquent’’;

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

2 through the end of the section and inserting the fol3 lowing: ‘‘the court. The periods of exclusion under

4 section 3161(h) shall apply to this section. In deter5 mining whether an information should be dismissed

6 with or without prejudice, the court shall consider

7 the seriousness of the alleged act of juvenile delin8 quency, the facts and circumstances of the case that

9 led to the dismissal, and the impact of a reprosecu10 tion on the administration of justice.’’.

11 SEC. 107. DISPOSITIONAL HEARINGS.

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

13 amended—

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

15 following:

16 ‘‘(a) IN GENERAL.—

17 ‘‘(1) DISPOSITIONAL HEARING.—

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

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

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

23 days after the finding of juvenile delinquency,

24 unless the court has ordered further study pur25 suant to subsection (e).
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1 ‘‘(B) PREDISPOSITION REPORT.—A pre2 disposition report shall be prepared by the pro3 bation officer, who shall promptly provide a

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

5 the attorney for the Government. Victim impact

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

8 cases, their official representatives, shall be pro9 vided the opportunity to make a statement to

10 the court in person or to present any informa11 tion in relation to the disposition.

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

13 After a dispositional hearing under paragraph (1),

14 after considering any pertinent policy statements

15 promulgated by the United States Sentencing Com16 mission pursuant to section 994 of title 28, and in

17 conformance with the guidelines promulgated by the

18 United States Sentencing Commission pursuant to

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

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

21 commit the juvenile to official detention (includ22 ing the possibility of a term of supervised re23 lease), and impose any fine that would be au24 thorized if the juvenile had been tried and con25 victed as an adult; and
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1 ‘‘(B) enter an order of restitution pursuant

2 to section 3663.’’;

3 (2) in subsection (b)—

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

5 by inserting ‘‘or supervised release’’ after ‘‘pro6 bation’’;

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

8 follows through ‘‘The provisions’’ and inserting

9 the following: ‘‘extend, in the case of a juvenile,

10 beyond the maximum term of probation that

11 would be authorized by section 3561, or beyond

12 the maximum term of supervised release au13 thorized by section 3583, if the juvenile had

14 been tried and convicted as an adult. The provi15 sions dealing with supervised release set forth

16 in section 3583 and the provisions’’; and

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

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

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

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

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

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

25 that would be authorized if the juvenile had been
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1 tried and convicted as an adult. No juvenile sen2 tenced to a term of imprisonment shall be released

3 from custody simply because the juvenile attains the

4 age of 18 years. Section 3624’’.

5 SEC. 108. USE OF JUVENILE RECORDS.

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

7 amended to read as follows:

8 ‘‘§ 5038. Use of juvenile records

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

11 records of such proceeding shall be safeguarded from dis12 closure to unauthorized persons, and shall only be released

13 to the extent necessary for purposes of—

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

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

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

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

19 preparing a presentence report for another court;

20 ‘‘(5) responding to an inquiry from a law en21 forcement agency, if the request for information is

22 related to the investigation of a crime or a position

23 within that agency or analysis requested by the At24 torney General;
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1 ‘‘(6) responding to a written inquiry from the

2 director of a treatment agency or the director of a

3 facility to which the juvenile has been committed by

4 the court;

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

6 considering the person for a position immediately

7 and directly affecting national security;

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

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

11 the victim, related to the final disposition of such ju12 venile by the court in accordance with section 5032

13 or 5037, as applicable; and

14 ‘‘(9) communicating with a victim of such juve15 nile delinquency or, in appropriate cases, with the

16 official representative of a victim, in order to—

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

18 the status or disposition of the proceeding;

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

20 or

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

22 of the victim or the representative of the victim.

23 ‘‘(b) RECORDS OF ADJUDICATION.—

24 ‘‘(1) TRANSMISSION TO FBI.—Upon an adju25 dication of delinquency under section 5032 or 5037,
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1 the court shall transmit to the Director of the Fed2 eral Bureau of Investigation a record of such adju3 dication.

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

5 the Federal Bureau of Investigation shall maintain,

6 in the central repository of the Federal Bureau of

7 Investigation, in accordance with the established

8 practices and policies relating to adult criminal his9 tory records of the Federal Bureau of

10 Investigation—

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

12 Federal adjudication of delinquency of any juve13 nile who commits an act that, if committed by

14 an adult, would constitute the offense of mur15 der, armed robbery, rape (except statutory

16 rape), or a felony offense involving sexual mo17 lestation of a child, or a conspiracy or attempt

18 to commit any such offense, that is equivalent

19 to, and maintained and disseminated in the

20 same manner and for the same purposes, as are

21 adult criminal history records for the same of22 fenses; and

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

24 Federal adjudication of delinquency of any juve25 nile who commits an act that, if committed by
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1 an adult, would be any offense (other than an

2 offense described in subparagraph (A)) that is

3 equivalent to, and maintained and disseminated

4 in the same manner, as are adult criminal his5 tory records for the same offenses—

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

7 justice system for the detection, apprehen8 sion, detention, pretrial release, post-trial

9 release, prosecution, adjudication, sentenc10 ing, disposition, correctional supervision, or

11 rehabilitation of an accused person, crimi12 nal offender, or juvenile delinquent; and

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

14 inquiry from an agency considering the

15 subject of the record for a position or

16 clearance immediately and directly affect17 ing national security.

18 ‘‘(3) AVAILABILITY OF RECORDS TO SCHOOLS

19 IN CERTAIN CIRCUMSTANCES.—Notwithstanding

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

21 of Investigation shall make an adjudication record of

22 a juvenile maintained pursuant to subparagraph (A)

23 or (B) of that paragraph, or conviction record de24 scribed in subsection (d), available to an official of

25 an elementary, secondary, or post-secondary school,
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1 in appropriate circumstances (as defined by and

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

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

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

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

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

7 same standards and penalties under applicable

8 Federal and State law relating to the handling

9 and disclosure of information contained in juve10 nile adjudication records as are employees of

11 law enforcement and juvenile justice agencies in

12 the State; and

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

14 not used for the purpose of making an admis15 sion determination.

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

17 the United States that exercises jurisdiction over a juve18 nile shall notify the juvenile, and a parent or guardian

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

20 language, of the rights of the juvenile relating to the adju21 dication record of the juvenile.

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 or or3 dered to pay restitution or a special assessment

4 under section 3013 may not be made liable for such

5 payment by any court.

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

7 CONFINEMENT.—

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

9 incarceration, whether pursuant to an adjudication

10 of delinquency or conviction for an offense, to the

11 custody of the Attorney General may, before the ju12 venile attains the age of 18 years, be placed or re13 tained in any jail or correctional institution in which

14 the juvenile has prohibited physical contact with

15 adult inmate or can engage in sustained oral com16 munication with adult inmates. To the extent prac17 ticable, violent juveniles shall be kept separate from

18 nonviolent juveniles.

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

20 committed for incarceration shall be provided with—

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

22 facilities, bedding, clothing, and recreation; and

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

24 training, and medical care (including necessary
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1 psychiatric, psychological, or other care or

2 treatment).

3 ‘‘(3) COMMITMENT TO FOSTER HOME OR COM4 MUNITY-BASED FACILITY.—Except in the case of a

5 juvenile who is found guilty of a violent felony or

6 who is adjudicated delinquent for an offense that

7 would be a violent felony if the juvenile had been

8 prosecuted as an adult, the Attorney General shall

9 commit a juvenile to a foster home or community10 based facility located in or near his home community

11 if that commitment is—

12 ‘‘(A) practicable;

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

14 and

15 ‘‘(C) consistent with the safety of the com16 munity.’’.

17 (b) CONFORMING AMENDMENT.—The analysis for

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

19 by striking the item relating to section 5039 and inserting

20 the following:

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

21 SEC. 110. MAGISTRATE JUDGE AUTHORITY REGARDING JU22 VENILE DEFENDANTS.

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

24 amended—
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1 (1) in the second sentence, by inserting after

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

3 A misdemeanor or any’’; and

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

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

6 end of the subsection.

7 SEC. 111. FEDERAL SENTENCING GUIDELINES.

8 (a) APPLICATION OF GUIDELINES TO CERTAIN JU9 VENILE DEFENDANTS.—Section 994(h) of title 28, United

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

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

12 ‘‘old or older’’.

13 (b) GUIDELINES FOR JUVENILE CASES.—

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

15 United States Code, is amended by adding at the

16 end the following:

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

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

19 the date of enactment of the Violent and Repeat Ju20 venile Offender Accountability and Rehabilitation

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

22 not less than 4 members of the Commission, and

23 pursuant to its rules and regulations and consistent

24 with all pertinent provisions of any Federal statute,

25 shall promulgate and distribute to all courts of the
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1 United States and to the United States Probation

2 System—

3 ‘‘(A) guidelines, as described in this sec4 tion, for use by a sentencing court in determin5 ing the sentence to be imposed in a criminal

6 case if the defendant committed the offense as

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

8 section 5032 of title 18, United States Code;

9 and

10 ‘‘(B) guidelines, as described in this sec11 tion, for use by a court in determining the sen12 tence to be imposed on a juvenile adjudicated

13 delinquent pursuant to section 5032 of title 18,

14 United States Code, and sentenced pursuant to

15 a dispositional hearing under section 5037 of

16 title 18, United States Code.

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

18 subsection, the Commission shall make the deter19 minations required by subsection (a)(1) and promul20 gate the policy statements and guidelines required

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

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

23 other considerations required by this section, the

24 Commission, in promulgating guidelines—
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1 ‘‘(A) pursuant to paragraph (1)(A), shall

2 presume the appropriateness of adult sentenc3 ing provisions, but may make such adjustments

4 to sentence lengths and to provisions governing

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

7 juvenile defendants; and

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

9 ensure that the guidelines—

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

12 under section 5037 of title 18, United

13 States Code; and

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

16 provides substantial and appropriate sanc17 tions, that are graduated to reflect the se18 verity or repeated nature of violations, for

19 each delinquent act, and reflect the specific

20 interests and circumstances of juvenile de21 fendants.

22 ‘‘(4) REVIEW PERIOD.—The review period spec23 ified by subsection (p) applies to guidelines promul24 gated pursuant to this subsection and any amend25 ments to those guidelines.’’.
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1 (2) TECHNICAL CORRECTION TO ASSURE COM2 PLIANCE OF SENTENCING GUIDELINES WITH PROVI3 SIONS OF ALL FEDERAL STATUTES.—Section 994(a)

4 of title 28, United States Code, is amended by strik5 ing ‘‘consistent with all pertinent provisions of this

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

7 ‘‘consistent with all pertinent provisions of any Fed8 eral statute’’.

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

11 Not later than 18 months after the date of enactment

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

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

14 in section 4(e) of the Indian Self-Determination and Edu15 cation Assistance Act (25 U.S.C. 450b(e))) and shall re16 port to the Chairman and Ranking Member of the Com17 mittee on the Judiciary and the Committee on Indian Af18 fairs of the Senate and the Chairman and Ranking Mem19 ber of the Committee on the Judiciary of the House of

20 Representatives on—

21 (1) the extent to which tribal governments are

22 equipped to adjudicate felonies, misdemeanors, and

23 acts of delinquency committed by juveniles subject to

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

2 the jurisdiction of tribal courts and the authority to

3 impose the same sentences that can be imposed by

4 Federal or State courts on such juveniles.

5 TITLE II—JUVENILE GANGS

6 SEC. 201. SOLICITATION OR RECRUITMENT OF PERSONS IN

7 CRIMINAL STREET GANG ACTIVITY.

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

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

10 following:

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

12 criminal street gang activity

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

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

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

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

17 or to remain as a member of a criminal street gang, or

18 conspire to do so.

19 ‘‘(b) PENALTIES.—Any person who violates sub20 section (a) shall—

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

22 commanded, or caused—

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

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

25 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 follow5 ing:

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. AMENDMENT OF FEDERAL SENTENCING GUIDE5 LINES WITH RESPECT TO BODY ARMOR.

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

7 ‘‘James Guelff Body Armor Act of 1999’’.

8 (b) DEFINITIONS.—In this section:

9 (1) BODY ARMOR.—The term ‘‘body armor’’

10 means any product sold or offered for sale as per11 sonal protective body covering intended to protect

12 against gunfire, regardless of whether the product is

13 to be worn alone or is sold as a complement to an14 other product or garment.

15 (2) LAW ENFORCEMENT OFFICER.—The term

16 ‘‘law enforcement officer’’ means any officer, agent,

17 or employee of the United States, a State, or a polit18 ical subdivision of a State, authorized by law or by

19 a government agency to engage in or supervise the

20 prevention, detection, investigation, or prosecution of

21 any violation of criminal law.

22 (c) SENTENCING ENHANCEMENT.—The United

23 States Sentencing Commission shall amend the Federal

24 sentencing guidelines to provide an appropriate sentencing

25 enhancement, increasing the offense level not less than 2
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1 levels, for any offense in which the defendant used body

2 armor.

3 (d) APPLICABILITY.—No amendment made to the

4 Federal sentencing guidelines pursuant to this section

5 shall apply if the Federal offense in which the body armor

6 is used constitutes a violation of, attempted violation of,

7 or conspiracy to violate the civil rights of any person by

8 a law enforcement officer acting under color of the author9 ity of such law enforcement officer.

10 SEC. 205. HIGH INTENSITY INTERSTATE GANG ACTIVITY

11 AREAS.

12 (a) DEFINITIONS.—In this section:

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

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

15 of Columbia.

16 (2) HIGH INTENSITY INTERSTATE GANG ACTIV17 ITY AREA.—The term ‘‘high intensity interstate

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

19 that is designated as a high intensity interstate gang

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

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

22 of the United States or the District of Columbia.

23 (b) HIGH INTENSITY INTERSTATE GANG ACTIVITY

24 AREAS.—
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1 (1) DESIGNATION.—The Attorney General,

2 upon consultation with the Secretary of the Treas3 ury and the Governors of appropriate States, may

4 designate as a high intensity interstate gang activity

5 area a specified area that is located—

6 (A) within a State; or

7 (B) in more than 1 State.

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

9 assistance to a high intensity interstate gang activity

10 area, the Attorney General may—

11 (A) facilitate the establishment of a re12 gional task force, consisting of Federal, State,

13 and local law enforcement authorities, for the

14 coordinated investigation, disruption, apprehen15 sion, and prosecution of criminal activities of

16 gangs and gang members in the high intensity

17 interstate gang activity area; and

18 (B) direct the detailing from any Federal

19 department or agency (subject to the approval

20 of the head of that department or agency, in

21 the case of a department or agency other than

22 the Department of Justice) of personnel to the

23 high intensity interstate gang activity area.

24 (3) CRITERIA FOR DESIGNATION.—In consider25 ing an area (within a State or within more than 1
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1 State) for designation as a high intensity interstate

2 gang activity area under this section, the Attorney

3 General shall consider—

4 (A) the extent to which gangs from the

5 area are involved in interstate or international

6 criminal activity;

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

8 by the criminal activity of gang members who—

9 (i) are located in, or have relocated

10 from, other States; or

11 (ii) are located in, or have immigrated

12 (legally or illegally) from, foreign countries;

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

14 by the criminal activity of gangs that originated

15 in other States or foreign countries;

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

17 enforcement agencies have committed resources

18 to respond to the problem of criminal gang ac19 tivity in the area, as an indication of their de20 termination to respond aggressively to the prob21 lem;

22 (E) the extent to which a significant in23 crease in the allocation of Federal resources

24 would enhance local response to gang-related

25 criminal activities in the area; and
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1 (F) any other criteria that the Attorney

2 General considers to be appropriate.

3 (c) AUTHORIZATION OF APPROPRIATIONS.—

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

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

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

7 used in accordance with paragraph (2).

8 (2) USE OF FUNDS.—Of amounts made avail9 able under paragraph (1) in each fiscal year—

10 (A) 75 percent shall be used to carry out

11 subsection (b)(2); and

12 (B) 25 percent shall be used to make

13 grants for community-based programs to pro14 vide crime prevention and intervention services

15 that are designed for gang members and at-risk

16 youth in areas designated pursuant to this sec17 tion as high intensity interstate gang activity

18 areas.

19 (3) REQUIREMENT.—

20 (A) IN GENERAL.—The Attorney General

21 shall ensure that not less than 10 percent of

22 amounts made available under paragraph (1) in

23 each fiscal year are used to assist rural States

24 affected as described in subparagraphs (B) and

25 (C) of subsection (b)(3).
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1 (B) DEFINITION OF RURAL STATE.—In

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

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

4 title I of the Omnibus Crime Control and Safe

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

6 SEC. 206. INCREASING THE PENALTY FOR USING PHYSICAL

7 FORCE TO TAMPER WITH WITNESSES, VIC8 TIMS, OR INFORMANTS.

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

10 amended—

11 (1) in subsection (a)—

12 (A) in paragraph (1), by striking ‘‘as pro13 vided in paragraph (2)’’ and inserting ‘‘as pro14 vided in paragraph (3)’’;

15 (B) by redesignating paragraph (2) as

16 paragraph (3);

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

18 following:

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

20 WITH WITNESSES, VICTIMS, OR INFORMANTS.—Who21 ever uses physical force or the threat of physical

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

23 intent to—

24 ‘‘(A) influence, delay, or prevent the testi25 mony of any person in an official proceeding;
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1 ‘‘(B) cause or induce any person to—

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

3 record, document, or other object, from an

4 official proceeding;

5 ‘‘(ii) alter, destroy, mutilate, or con6 ceal an object with intent to impair the ob7 ject’s integrity or availability for use in an

8 official proceeding;

9 ‘‘(iii) evade legal process summoning

10 that person to appear as a witness, or to

11 produce a record, document, or other ob12 ject, in an official proceeding; or

13 ‘‘(iv) be absent from an official pro14 ceeding to which such person has been

15 summoned by legal process; or

16 ‘‘(C) hinder, delay, or prevent the commu17 nication to a law enforcement officer or judge

18 of the United States of information relating to

19 the commission or possible commission of a

20 Federal offense or a violation of conditions of

21 probation, parole, or release pending judicial

22 proceedings;

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

24 and
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1 (D) by paragraph (3), as redesignated, by

2 striking subparagraph (B) and inserting the fol3 lowing:

4 ‘‘(B) in the case of—

5 ‘‘(i) an attempt to murder; or

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

7 any person;

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

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

10 force’’; and

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

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

13 offense under this section or section 1513 shall be subject

14 to the same penalties as those prescribed for the offense

15 the commission of which was the object of the conspir16 acy.’’.
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1 TITLE III—JUVENILE CRIME

2 CONTROL, ACCOUNTABILITY,

3 AND DELINQUENCY PREVEN4 TION

5 Subtitle A—Reform of the Juvenile

6 Justice and Delinquency Pre7 vention Act of 1974

8 SEC. 301. FINDINGS; DECLARATION OF PURPOSE; DEFINI9 TIONS.

10 Title I of the Juvenile Justice and Delinquency Pre11 vention Act of 1974 (42 U.S.C. 5601 et seq.) is amended

12 to read as follows:

13 ‘‘TITLE I—FINDINGS AND

14 DECLARATION OF PURPOSE

15 ‘‘SEC. 101. FINDINGS.

16 ‘‘Congress makes the following findings:

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

18 has experienced an alarming increase in arrests of

19 adolescents for murder, assault, and weapons of20 fenses.

21 ‘‘(2) In 1994, juveniles accounted for 1 in 5 ar22 rests for violent crimes, including murder, robbery,

23 aggravated assault, and rape, including 514 such ar24 rests per 100,000 juveniles 10 through 17 years of

25 age.
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1 ‘‘(3) Understaffed and overcrowded juvenile

2 courts, prosecutorial and public defender offices,

3 probation services, and correctional facilities no

4 longer adequately address the changing nature of ju5 venile crime, protect the public, or correct youth of6 fenders.

7 ‘‘(4) The juvenile justice system has proven in8 adequate to meet the needs of society and the needs

9 of children who may be at risk of becoming

10 delinquents are not being met.

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

12 adequately responded to the particular threats that

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

14 youth of the Nation.

15 ‘‘(6) Projected demographic increases in the

16 number of youth offenders require reexamination of

17 current prosecution and incarceration policies for se18 rious violent youth offenders and crime prevention

19 policies.

20 ‘‘(7) State and local communities require assist21 ance to deal comprehensively with the problems of

22 juvenile delinquency.

23 ‘‘(8) Existing Federal programs have not pro24 vided the States with necessary flexibility, nor have

25 these programs provided the coordination, resources,
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1 and leadership required to meet the crisis of youth

2 violence.

3 ‘‘(9) Overlapping and uncoordinated Federal

4 programs have created a multitude of Federal fund5 ing streams to States and units of local government,

6 that have become a barrier to effective program co7 ordination, responsive public safety initiatives, and

8 the provision of comprehensive services for children

9 and youth.

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

11 growing threat to the national welfare that requires

12 an immediate and comprehensive governmental re13 sponse, combining flexibility and coordinated evalua14 tion.

15 ‘‘(11) The role of the Federal Government

16 should be to encourage and empower communities to

17 develop and implement policies to protect adequately

18 the public from serious juvenile crime as well as im19 plement quality prevention programs that work with

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

21 and community-based organizations.

22 ‘‘(12) A strong partnership among law enforce23 ment, local government, juvenile and family courts,

24 schools, businesses, philanthropic organizations,

25 families, and the religious community, can create a
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1 community environment that supports the youth of

2 the Nation in reaching their highest potential and

3 reduces the destructive trend of juvenile crime.

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

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

6 to—

7 ‘‘(1) empower States and communities to de8 velop and implement comprehensive programs that

9 support families, reduce risk factors, and prevent se10 rious youth crime and juvenile delinquency;

11 ‘‘(2) protect the public and to hold juveniles ac12 countable for their acts;

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

14 the ideals of federalism, the adoption by the States

15 of policies recognizing the rights of victims in the ju16 venile justice system, and ensuring that the victims

17 of violent crimes committed by juveniles receive the

18 same level of justice as do the victims of violent

19 crimes committed by adults;

20 ‘‘(4) provide for the thorough and ongoing eval21 uation of all federally funded programs addressing

22 juvenile crime and delinquency;

23 ‘‘(5) provide technical assistance to public and

24 private nonprofit entities that protect public safety,

25 administer justice and corrections to delinquent
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1 youth, or provide services to youth at risk of delin2 quency, and their families;

3 ‘‘(6) establish a centralized research effort on

4 the problems of youth crime and juvenile delin5 quency, including the dissemination of the findings

6 of such research and all related data;

7 ‘‘(7) establish a Federal assistance program to

8 deal with the problems of runaway and homeless

9 youth;

10 ‘‘(8) assist States and units of local government

11 in improving the administration of justice for juve12 niles;

13 ‘‘(9) assist the States and units of local govern14 ment in reducing the level of youth violence and ju15 venile delinquency;

16 ‘‘(10) assist States and units of local govern17 ment in promoting public safety by supporting juve18 nile delinquency prevention and control activities;

19 ‘‘(11) encourage and promote programs de20 signed to keep in school juvenile delinquents expelled

21 or suspended for disciplinary reasons;

22 ‘‘(12) assist States and units of local govern23 ment in promoting public safety by encouraging ac24 countability for acts of juvenile delinquency;
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1 ‘‘(13) assist States and units of local govern2 ment in promoting public safety by improving the

3 extent, accuracy, availability and usefulness of juve4 nile court and law enforcement records and the

5 openness of the juvenile justice system;

6 ‘‘(14) assist States and units of local govern7 ment in promoting public safety by encouraging the

8 identification of violent and hardcore juveniles;

9 ‘‘(15) assist States and units of local govern10 ment in promoting public safety by providing re11 sources to States to build or expand juvenile deten12 tion facilities;

13 ‘‘(16) provide for the evaluation of federally as14 sisted juvenile crime control programs, and the

15 training necessary for the establishment and oper16 ation of such programs;

17 ‘‘(17) ensure the dissemination of information

18 regarding juvenile crime control programs by provid19 ing a national clearinghouse; and

20 ‘‘(18) provide technical assistance to public and

21 private nonprofit juvenile justice and delinquency

22 prevention programs.

23 ‘‘(b) STATEMENT OF POLICY.—It is the policy of

24 Congress to provide resources, leadership, and coordina25 tion to—
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1 ‘‘(1) combat youth violence and to prosecute

2 and punish effectively violent juvenile offenders;

3 ‘‘(2) enhance efforts to prevent juvenile crime

4 and delinquency; and

5 ‘‘(3) improve the quality of juvenile justice in

6 the United States.

7 ‘‘SEC. 103. DEFINITIONS.

8 ‘‘In this Act:

9 ‘‘(1) ADMINISTRATOR.—The term ‘Adminis10 trator’ means the Administrator of the Office of Ju11 venile Crime Control and Prevention, appointed in

12 accordance with section 201.

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

14 means an individual who—

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

16 responsibility under applicable State law; and

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

18 for, awaiting trial on, or convicted of criminal

19 charges.

20 ‘‘(3) BOOT CAMP.—The term ‘boot camp’

21 means a residential facility (excluding a private resi22 dence) at which there are provided—

23 ‘‘(A) a highly regimented schedule of dis24 cipline, physical training, work, drill, and cere25 mony characteristic of military basic training;
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1 ‘‘(B) regular, remedial, special, and voca2 tional education; and

3 ‘‘(C) counseling and treatment for sub4 stance abuse and other health and mental

5 health problems.

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

7 term ‘Bureau of Justice Assistance’ means the bu8 reau established by section 401 of title I of the Om9 nibus Crime Control and Safe Streets Act of 1968

10 (42 U.S.C. 3741).

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

12 term ‘Bureau of Justice Statistics’ means the bu13 reau established by section 302(a) of title I of the

14 Omnibus Crime Control and Safe Streets Act of

15 1968 (42 U.S.C. 3732).

16 ‘‘(6) COLLOCATED FACILITIES.—The term ‘col17 located facilities’ means facilities that are located in

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

19 of buildings located on the same grounds.

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

21 as applied to States or units of local government

22 means any grouping or joining together of such

23 States or units for the purpose of preparing, devel24 oping, or implementing a juvenile crime control and

25 delinquency prevention plan.
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1 ‘‘(8) COMMUNITY-BASED.—The term ‘commu2 nity-based’ facility, program, or service means a

3 small, open group home or other suitable place lo4 cated near the juvenile’s home or family and pro5 grams of community supervision and service that

6 maintain community and consumer participation in

7 the planning operation, and evaluation of their pro8 grams which may include, medical, educational, vo9 cational, social, and psychological guidance, training,

10 special education, counseling, alcoholism treatment,

11 drug treatment, and other rehabilitative services.

12 ‘‘(9) COMPREHENSIVE AND COORDINATED SYS13 TEM OF SERVICES.—The term ‘comprehensive and

14 coordinated system of services’ means a system

15 that—

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

17 the prevention and treatment of juvenile delin18 quency are consistent with policy goals of pre19 serving families and providing appropriate serv20 ices in the least restrictive environment so as to

21 simultaneously protect juveniles and maintain

22 public safety;

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

24 the benefit of, young children who are at risk

25 of developing emotional or behavioral problems
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1 because of physical or mental stress or abuse,

2 and for the benefit of their families;

3 ‘‘(C) increases interagency collaboration

4 and family involvement in the prevention and

5 treatment of juvenile delinquency; and

6 ‘‘(D) encourages private and public part7 nerships in the delivery of services for the pre8 vention and treatment of juvenile delinquency.

9 ‘‘(10) CONSTRUCTION.—The term ‘construc10 tion’ means erection of new buildings or acquisition,

11 expansion, remodeling, and alteration of existing

12 buildings, and initial equipment of any such build13 ings, or any combination of such activities (including

14 architects’ fees but not the cost of acquisition of

15 land for buildings).

16 ‘‘(11) FEDERAL JUVENILE CRIME CONTROL,

17 PREVENTION, AND JUVENILE OFFENDER ACCOUNT18 ABILITY PROGRAM.—The term ‘Federal juvenile

19 crime control, prevention, and juvenile offender ac20 countability program’ means any Federal program a

21 primary objective of which is the prevention of juve22 nile crime or reduction of the incidence of arrest, the

23 commission of criminal acts or acts of delinquency,

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

25 involvement in gangs among juveniles.
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1 ‘‘(12) GENDER-SPECIFIC SERVICES.—The term

2 ‘gender-specific services’ means services designed to

3 address needs unique to the gender of the individual

4 to whom such services are provided.

5 ‘‘(13) GRADUATED SANCTIONS.—The term

6 ‘graduated sanctions’ means an accountability-based

7 juvenile justice system that protects the public, and

8 holds juvenile delinquents accountable for acts of de9 linquency by providing substantial and appropriate

10 sanctions that are graduated in such a manner as to

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

12 severity or repeated nature of that act or offense.

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

14 The term ‘home-based alternative services’ means

15 services provided to a juvenile in the home of the ju16 venile as an alternative to incarcerating the juvenile,

17 and includes home detention.

18 ‘‘(15) INDIAN TRIBE.—The term ‘Indian tribe’

19 means any Indian tribe, band, nation, or other orga20 nized group or community, including any Alaska Na21 tive village or regional or village corporation as de22 fined in or established pursuant to the Alaska Na23 tive Claims Settlement Act (43 U.S.C. 1601 et seq.),

24 that is recognized as eligible for the special pro-
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1 grams and services provided by the United States to

2 Indians because of their status as Indians.

3 ‘‘(16) JUVENILE.—The term ‘juvenile’ means a

4 person who has not attained the age of 18 years who

5 is subject to delinquency proceedings under applica6 ble State law.

7 ‘‘(17) JUVENILE POPULATION.—The term ‘ju8 venile population’ means the population of a State

9 under 18 years of age.

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

11 term ‘jail or lockup for adults’ means a locked facil12 ity that is used by a State, unit of local government,

13 or any law enforcement authority to detain or con14 fine adults—

15 ‘‘(A) pending the filing of a charge of vio16 lating a criminal law;

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

18 or

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

20 ‘‘(19) JUVENILE DELINQUENCY PROGRAM.—

21 The term ‘juvenile delinquency program’ means any

22 program or activity related to juvenile delinquency

23 prevention, control, diversion, treatment, rehabilita24 tion, planning, education, training, and research,

25 including—
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1 ‘‘(A) drug and alcohol abuse programs;

2 ‘‘(B) the improvement of the juvenile jus3 tice system; and

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

6 delinquent behavior, by providing activities that

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

9 rate of delinquent juvenile behavior.

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

14 criminal law, including, but not limited to police ef15 forts to prevent, control, or reduce crime or to ap16 prehend criminals, activities of courts having crimi17 nal jurisdiction and related agencies (including pros18 ecutorial and defender services), activities of correc19 tions, probation, or parole authorities, and programs

20 relating to the prevention, control, or reduction of

21 juvenile delinquency or narcotic addiction.

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

23 term ‘National Institute of Justice’ means the insti24 tute established by section 202(a) of title I of the
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1 Omnibus Crime Control and Safe Streets Act of

2 1968 (42 U.S.C. 3721).

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

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

6 Code of 1986 that is exempt from taxation under

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

8 1986.

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

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

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

13 term ‘Office of Justice Programs’ means the office

14 established by section 101 of title I of the Omnibus

15 Crime Control and Safe Streets Act of 1968 (42

16 U.S.C. 3711).

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

19 the impact of a program or initiative, that measures

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

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

23 use of alcohol or illegal drugs, involvement of youth

24 gangs, and teenage pregnancy, among youth in the

25 community.
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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 incidental

25 or accidental.
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1 ‘‘(28) RELATED COMPLEX OF BUILDINGS.—The

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

3 buildings that share—

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

5 fences, or services beyond mechanical services

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

7 ‘‘(B) the specialized services that are al8 lowable under section 31.303(e)(3)(i)(C)(3) of

9 title 28, Code of Federal Regulations, as in ef10 fect on December 10, 1996.

11 ‘‘(29) SECURE CORRECTIONAL FACILITY.—The

12 term ‘secure correctional facility’ means any public

13 or private residential facility that—

14 ‘‘(A) includes construction fixtures de15 signed to physically restrict the movements and

16 activities of juveniles or other individuals held

17 in lawful custody in such facility; and

18 ‘‘(B) is used for the placement, after adju19 dication and disposition, of any juvenile who

20 has been adjudicated as having committed an

21 offense or any other individual convicted of a

22 criminal offense.

23 ‘‘(30) SECURE DETENTION FACILITY.—The

24 term ‘secure detention facility’ means any public or

25 private residential facility that—
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1 ‘‘(A) includes construction fixtures de2 signed to physically restrict the movements and

3 activities of juveniles or other individuals held

4 in lawful custody in such facility; and

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

6 of any juvenile who is accused of having com7 mitted an offense or of any other individual ac8 cused of having committed a criminal offense.

9 ‘‘(31) SERIOUS CRIME.—The term ‘serious

10 crime’ means criminal homicide, forcible rape or

11 other sex offenses punishable as a felony, mayhem,

12 kidnapping, aggravated assault, drug trafficking,

13 robbery, larceny or theft punishable as a felony,

14 motor vehicle theft, burglary or breaking and enter15 ing, extortion accompanied by threats of violence,

16 and arson punishable as a felony.

17 ‘‘(32) STATE.—The term ‘State’ means any

18 State of the United States, the District of Columbia,

19 the Commonwealth of Puerto Rico, the Virgin Is20 lands, Guam, American Samoa, and the Common21 wealth of the Northern Mariana Islands.

22 ‘‘(33) STATE OFFICE.—The term ‘State office’

23 means an office designated by the chief executive of24 ficer of a State to carry out this title, as provided
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1 in section 507 of the Omnibus Crime Control and

2 Safe Streets Act of 1968 (42 U.S.C. 3757).

3 ‘‘(34) SUSTAINED ORAL COMMUNICATION.—

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

5 oral communication’ means the imparting or

6 interchange of speech by or between an adult

7 inmate and a juvenile.

8 ‘‘(B) EXCEPTION.—The term does not

9 include—

10 ‘‘(i) communication that is accidental

11 or incidental; or

12 ‘‘(ii) sounds or noises that cannot rea13 sonably be considered to be speech.

14 ‘‘(35) TREATMENT.—The term ‘treatment’ in15 cludes medical and other rehabilitative services de16 signed to protect the public, including any services

17 designed to benefit addicts and other users by—

18 ‘‘(A) eliminating their dependence on alco19 hol or other addictive or nonaddictive drugs; or

20 ‘‘(B) controlling or reducing their depend21 ence and susceptibility to addiction or use.

22 ‘‘(36) UNIT OF LOCAL GOVERNMENT.—The

23 term ‘unit of local government’ means—
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1 ‘‘(A) any city, county, township, town, bor2 ough, parish, village, or other general purpose

3 political subdivision of a State;

4 ‘‘(B) any law enforcement district or judi5 cial enforcement district that—

6 ‘‘(i) is established under applicable

7 State law; and

8 ‘‘(ii) has the authority to, in a manner

9 independent of other State entities, estab10 lish a budget and raise revenues;

11 ‘‘(C) an Indian tribe that performs law en12 forcement functions, as determined by the Sec13 retary of the Interior; or

14 ‘‘(D) for the purposes of assistance eligi15 bility, any agency of the government of the Dis16 trict of Columbia or the Federal Government

17 that performs law enforcement functions in and

18 for—

19 ‘‘(i) the District of Columbia; or

20 ‘‘(ii) any Trust Territory of the

21 United States.

22 ‘‘(37) VALID COURT ORDER.—The term ‘valid

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

24 court judge to a juvenile—
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1 ‘‘(A) who was brought before the court and

2 made subject to such order; and

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

4 such order, the full due process rights guaran5 teed to such juvenile by the Constitution of the

6 United States.

7 ‘‘(38) VIOLENT CRIME.—The term ‘violent

8 crime’ means—

9 ‘‘(A) murder or nonnegligent man10 slaughter, forcible rape, or robbery; or

11 ‘‘(B) aggravated assault committed with

12 the use of a firearm.

13 ‘‘(39) YOUTH.—The term ‘youth’ means an in14 dividual who is not less than 6 years of age and not

15 more than 17 years of age.’’.

16 SEC. 302. JUVENILE CRIME CONTROL AND PREVENTION.

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

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

19 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 carry18 ing 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; and

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 ‘‘(c) INFORMATION, REPORTS, STUDIES, AND SUR12 VEYS FROM OTHER AGENCIES.—The Administrator

13 through the general authority of the Attorney General,

14 may require, through appropriate authority, Federal de15 partments and agencies engaged in any activity involving

16 any Federal juvenile crime control, prevention, and juve17 nile offender accountability program to provide the Ad18 ministrator with such information and reports, and to con19 duct such studies and surveys, as the Administrator deter20 mines to be necessary to carry out the purposes of this

21 title.

22 ‘‘(d) UTILIZATION OF SERVICES AND FACILITIES OF

23 OTHER AGENCIES; REIMBURSEMENT.—The Adminis24 trator, through the general authority of the Attorney Gen25 eral, may utilize the services and facilities of any agency
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1 of the Federal Government and of any other public agency

2 or institution in accordance with appropriate agreements,

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

4 of reimbursement as may be agreed upon.

5 ‘‘(e) COORDINATION OF FUNCTIONS OF ADMINIS6 TRATOR AND SECRETARY OF HEALTH AND HUMAN SERV7 ICES.—All functions of the Administrator shall be coordi8 nated as appropriate with the functions of the Secretary

9 of Health and Human Services under title III.

10 ‘‘(f) ANNUAL JUVENILE DELINQUENCY DEVELOP11 MENT STATEMENTS.—

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

13 administers a Federal juvenile crime control, preven14 tion, and juvenile offender accountability program

15 shall annually submit to the Administrator a juvenile

16 crime control, prevention, and juvenile offender ac17 countability development statement.

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

19 submitted under paragraph (1) shall contain such

20 information, data, and analyses as the Administrator

21 may require. Such analyses shall include an analysis

22 of the extent to which the program of the Federal

23 agency submitting such development statement con24 forms with and furthers Federal juvenile crime con-
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1 trol, prevention, and juvenile offender accountability,

2 prevention, and treatment goals and policies.

3 ‘‘(3) REVIEW AND COMMENT.—

4 ‘‘(A) IN GENERAL.—The Administrator

5 shall review and comment upon each juvenile

6 crime control, prevention, and juvenile offender

7 accountability development statement transmit8 ted to the Administrator under paragraph (1).

9 ‘‘(B) INCLUSION IN OTHER DOCUMENTA10 TION.—The development statement transmitted

11 under paragraph (1), together with the com12 ments of the Administrator under subparagraph

13 (A), shall be—

14 ‘‘(i) included by the Federal agency

15 involved in every recommendation or re16 quest made by such agency for Federal

17 legislation that significantly affects juvenile

18 crime control, prevention, and juvenile of19 fender accountability; and

20 ‘‘(ii) made available for promulgation

21 to and use by State and local government

22 officials, and by nonprofit organizations in23 volved in delinquency prevention programs.

24 ‘‘(g) JOINT FUNDING.—Notwithstanding any other

25 provision of law, if funds are made available by more than
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1 1 Federal agency to be used by any agency, organization,

2 institution, or individual to carry out a Federal juvenile

3 crime control, prevention, or juvenile offender accountabil4 ity program or activity—

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

6 funds may be requested by the Administrator to act

7 for all in administering the funds advanced; and

8 ‘‘(2) in such a case, a single non-Federal share

9 requirement may be established according to the

10 proportion of funds advanced by each Federal agen11 cy, and the Administrator may order any such agen12 cy to waive any technical grant or contract require13 ment (as defined in those regulations) that is incon14 sistent with the similar requirement of the admin15 istering agency or which the administering agency

16 does not impose.

17 ‘‘SEC. 205. JUVENILE DELINQUENCY PREVENTION CHAL18 LENGE GRANT PROGRAM.

19 ‘‘(a) AUTHORITY TO MAKE GRANTS.—The Adminis20 trator may make grants to eligible States in accordance

21 with this part for the purpose of providing financial assist22 ance to eligible entities to carry out projects designed to

23 prevent juvenile delinquency, including—

24 ‘‘(1) educational projects or supportive services

25 for delinquent or other juveniles—
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1 ‘‘(A) to encourage juveniles to remain in

2 elementary and secondary schools or in alter3 native learning situations in educational set4 tings;

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

6 in making the transition to the world of work

7 and self-sufficiency;

8 ‘‘(C) to assist in identifying learning dif9 ficulties (including learning disabilities);

10 ‘‘(D) to prevent unwarranted and arbitrary

11 suspensions and expulsions;

12 ‘‘(E) to encourage new approaches and

13 techniques with respect to the prevention of

14 school violence and vandalism;

15 ‘‘(F) that assist law enforcement personnel

16 and juvenile justice personnel to more effec17 tively recognize and provide for learning-dis18 abled and other disabled juveniles; or

19 ‘‘(G) that develop locally coordinated poli20 cies and programs among education, juvenile

21 justice, and social service agencies;

22 ‘‘(2) projects that use neighborhood courts or

23 panels that increase victim satisfaction and require

24 juveniles to make restitution, or perform community
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1 service, for the damage caused by their delinquent

2 acts;

3 ‘‘(3) projects that provide treatment to juvenile

4 offenders who are victims of child abuse or neglect,

5 and to their families, in order to reduce the likeli6 hood that such juvenile offenders will commit subse7 quent violations of law;

8 ‘‘(4) projects that expand the use of probation

9 officers—

10 ‘‘(A) particularly for the purpose of per11 mitting nonviolent juvenile offenders (including

12 status offenders) to remain at home with their

13 families as an alternative to incarceration or in14 stitutionalization; and

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

16 terms of their probation;

17 ‘‘(5) one-on-one mentoring projects that are de18 signed to link at-risk juveniles and juvenile offenders

19 who did not commit serious crime, particularly juve20 niles residing in high-crime areas and juveniles expe21 riencing educational failure, with responsible adults

22 (such as law enforcement officers, adults working

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

25 properly screened and trained;
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1 ‘‘(6) community-based projects and services (in2 cluding literacy and social service programs) that

3 work with juvenile offenders, including those from

4 families with limited English-speaking proficiency,

5 their parents, their siblings, and other family mem6 bers during and after incarceration of the juvenile

7 offenders, in order to strengthen families, to allow

8 juvenile offenders to remain in their homes, and to

9 prevent the involvement of other juvenile family

10 members in delinquent activities;

11 ‘‘(7) projects designed to provide for the treat12 ment of juveniles for dependence on or abuse of al13 cohol, drugs, or other harmful substances, giving

14 priority to juveniles who have been arrested for an

15 alleged act of juvenile delinquency or adjudicated de16 linquent;

17 ‘‘(8) projects that leverage funds to provide

18 scholarships for postsecondary education and train19 ing for low-income juveniles who reside in neighbor20 hoods with high rates of poverty, violence, and drug21 related crimes;

22 ‘‘(9) projects that provide for initial intake

23 screening, which may include drug testing, of each

24 juvenile taken into custody—
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1 ‘‘(A) to determine the likelihood that such

2 juvenile will commit a subsequent offense; and

3 ‘‘(B) to provide appropriate interventions

4 to prevent such juvenile from committing subse5 quent offenses;

6 ‘‘(10) projects (including school- or community7 based projects) that are designed to prevent, and re8 duce the rate of, the participation of juveniles in

9 gangs that commit crimes (particularly violent

10 crimes), that unlawfully use firearms and other

11 weapons, or that unlawfully traffic in drugs and that

12 involve, to the extent practicable, families and other

13 community members (including law enforcement per14 sonnel and members of the business community) in

15 the activities conducted under such projects;

16 ‘‘(11) comprehensive juvenile justice and delin17 quency prevention projects that meet the needs of

18 juveniles through the collaboration of the many local

19 service systems juveniles encounter, including

20 schools, courts, law enforcement agencies, child pro21 tection agencies, mental health agencies, welfare

22 services, health care agencies, and private nonprofit

23 agencies offering services to juveniles;

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

25 conjunction with public and private agencies, organi-
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1 zations, and businesses, projects for the employment

2 of juveniles and referral to job training programs

3 (including referral to Federal job training pro4 grams);

5 ‘‘(13) delinquency prevention activities that in6 volve youth clubs, sports, recreation and parks, peer

7 counseling and teaching, the arts, leadership devel8 opment, community service, volunteer service,

9 before- and after-school programs, violence preven10 tion activities, mediation skills training, camping,

11 environmental education, ethnic or cultural enrich12 ment, tutoring, and academic enrichment;

13 ‘‘(14) to establish policies and systems to incor14 porate relevant child protective services records into

15 juvenile justice records for purposes of establishing

16 treatment plans for juvenile offenders;

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

18 mutual support groups for parents and their chil19 dren; and

20 ‘‘(16) other activities that are likely to prevent

21 juvenile delinquency.

22 ‘‘(b) ELIGIBILITY OF STATES.—

23 ‘‘(1) APPLICATION.—To be eligible to receive a

24 grant under subsection (a), a State shall submit to
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1 the Administrator an application that contains the

2 following:

3 ‘‘(A) An assurance that the State will

4 use—

5 ‘‘(i) not more than 5 percent of such

6 grant, in the aggregate, for—

7 ‘‘(I) the costs incurred by the

8 State to carry out this part; and

9 ‘‘(II) to evaluate, and provide

10 technical assistance relating to,

11 projects and activities carried out with

12 funds provided under this part; and

13 ‘‘(ii) the remainder of such grant to

14 make grants under subsection (c).

15 ‘‘(B) An assurance that, and a detailed de16 scription of how, such grant will support, and

17 not supplant State and local efforts to prevent

18 juvenile delinquency.

19 ‘‘(C) An assurance that such application

20 was prepared after consultation with and par21 ticipation by—

22 ‘‘(i) community-based organizations

23 that carry out programs, projects, or ac24 tivities to prevent juvenile delinquency; and
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1 ‘‘(ii) police, sheriff, prosecutors, State

2 or local probation services, juvenile courts,

3 schools, businesses, and religious affiliated

4 fraternal, nonprofit, and social service or5 ganizations involved in crime prevention.

6 ‘‘(D) An assurance that each eligible entity

7 described in subsection (c)(1) that receives an

8 initial grant under subsection (c) to carry out

9 a project or activity shall also receive an assur10 ance from the State that such entity will receive

11 from the State, for the subsequent fiscal year to

12 carry out such project or activity, a grant under

13 such section in an amount that is proportional,

14 based on such initial grant and on the amount

15 of the grant received under subsection (a) by

16 the State for such subsequent fiscal year, but

17 that does not exceed the amount specified for

18 such subsequent fiscal year in such application

19 as approved by the State.

20 ‘‘(E) An assurance that each eligible entity

21 described in subsection (c)(1) that receives a

22 grant to carry out a project or activity under

23 subsection (c) has agreed to provide a 50 per24 cent match of the amount of the grant, includ25 ing the value of in-kind contributions to fund
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1 the project or activity, except that the Adminis2 trator may for good cause reduce the matching

requirement to 331 3 ⁄3 percent for economically

4 disadvantaged communities.

5 ‘‘(F) An assurance that projects or activi6 ties funded by a grant under subsection (a)

7 shall be carried out through or in coordination

8 with a court with a juvenile crime or delin9 quency docket.

10 ‘‘(G) Such other information as the Ad11 ministrator may reasonably require by rule.

12 ‘‘(2) APPROVAL OF APPLICATIONS.—

13 ‘‘(A) APPROVAL REQUIRED.—Subject to

14 subparagraph (A), the Administrator shall ap15 prove an application, and amendments to such

16 application submitted in subsequent fiscal

17 years, that satisfy the requirements of para18 graph (1).

19 ‘‘(B) LIMITATION.—The Administrator

20 may not approve such application (including

21 amendments to such application) for a fiscal

22 year unless—

23 ‘‘(i)(I) the State submitted a plan

24 under section 222 for such fiscal year; and
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1 ‘‘(II) such plan is approved by the Ad2 ministrator for such fiscal year; or

3 ‘‘(ii) the Administrator waives the ap4 plication of clause (i) to such State for

5 such fiscal year, after finding good cause

6 for such a waiver.

7 ‘‘(c) GRANTS FOR LOCAL PROJECTS.—

8 ‘‘(1) SELECTION FROM AMONG APPLICA9 TIONS.—

10 ‘‘(A) IN GENERAL.—Using a grant re11 ceived under subsection (a), a State may make

12 grants to eligible entities whose applications are

13 received by the State in accordance with para14 graph (2) to carry out projects and activities

15 described in subsection (a).

16 ‘‘(B) SPECIAL CONSIDERATION.—For pur17 poses of making such grants, the State shall

18 give special consideration to eligible entities

19 that—

20 ‘‘(i) propose to carry out such projects

21 in geographical areas in which there is—

22 ‘‘(I) a disproportionately high

23 level of serious crime committed by

24 juveniles; or
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1 ‘‘(II) a recent rapid increase in

2 the number of nonstatus offenses

3 committed by juveniles;

4 ‘‘(ii)(I) agree to carry out such

5 projects or activities that are multidisci6 plinary and involve 2 or more eligible enti7 ties; or

8 ‘‘(II) represent communities that have

9 a comprehensive plan designed to identify

10 at-risk juveniles and to prevent or reduce

11 the rate of juvenile delinquency, and that

12 involve other entities operated by individ13 uals who have a demonstrated history of

14 involvement in activities designed to pre15 vent juvenile delinquency; and

16 ‘‘(iii) state the amount of resources

17 (in cash or in kind) such entities will pro18 vide to carry out such projects and activi19 ties.

20 ‘‘(2) RECEIPT OF APPLICATIONS.—

21 ‘‘(A) IN GENERAL.—Subject to subpara22 graph (B), a unit of local government shall sub23 mit to the State simultaneously all applications

24 that are—
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1 ‘‘(i) timely received by such unit from

2 eligible entities; and

3 ‘‘(ii) determined by such unit to be

4 consistent with a current plan formulated

5 by such unit for the purpose of preventing,

6 and reducing the rate of, juvenile delin7 quency in the geographical area under the

8 jurisdiction of such unit.

9 ‘‘(B) DIRECT SUBMISSION.—If an applica10 tion submitted to such unit by an eligible entity

11 satisfies the requirements specified in clauses

12 (i) and (ii) of subparagraph (A), such entity

13 may submit such application directly to the

14 State.

15 ‘‘(d) ELIGIBILITY OF ENTITIES.—

16 ‘‘(1) ELIGIBILITY.—Subject to paragraph (2)

17 and except as provided in paragraph (3), to be eligi18 ble to receive a grant under subsection (c), a com19 munity-based organization, local juvenile justice sys20 tem officials (including prosecutors, police officers,

21 judges, probation officers, parole officers, and public

22 defenders), local education authority (as defined in

23 section 14101 of the Elementary and Secondary

24 Education Act of 1965 and including a school within

25 such authority), nonprofit private organization (in-
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1 cluding a faith-based organization), unit of local gov2 ernment, or social service provider, and or other en3 tity with a demonstrated history of involvement in

4 the prevention of juvenile delinquency, shall submit

5 to a unit of local government an application that

6 contains the following:

7 ‘‘(A) An assurance that such applicant will

8 use such grant, and each such grant received

9 for the subsequent fiscal year, to carry out

10 throughout a 2-year period a project or activity

11 described in reasonable detail, and of a kind de12 scribed in 1 or more of paragraphs (1) through

13 (14) of subsection (a) as specified in, such ap14 plication.

15 ‘‘(B) A statement of the particular goals

16 such project or activity is designed to achieve,

17 and the methods such entity will use to achieve,

18 and assess the achievement of, each of such

19 goals.

20 ‘‘(C) A statement identifying the research

21 (if any) such entity relied on in preparing such

22 application.

23 ‘‘(2) REVIEW AND SUBMISSION OF APPLICA24 TIONS.—Except as provided in paragraph (3), an en-
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1 tity shall not be eligible to receive a grant under

2 subsection (c) unless—

3 ‘‘(A) such entity submits to a unit of local

4 government an application that—

5 ‘‘(i) satisfies the requirements speci6 fied in subsection (a); and

7 ‘‘(ii) describes a project or activity to

8 be carried out in the geographical area

9 under the jurisdiction of such unit; and

10 ‘‘(B) such unit determines that such

11 project or activity is consistent with a current

12 plan formulated by such unit for the purpose of

13 preventing, and reducing the rate of, juvenile

14 delinquency in the geographical area under the

15 jurisdiction of such unit.

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

17 grant under subsection (c) to carry out a project or

18 activity for a 2-year period, and receives technical

19 assistance from the State or the Administrator after

20 requesting such technical assistance (if any), fails to

21 demonstrate, before the expiration of such 2-year pe22 riod, that such project or such activity has achieved

23 substantial success in achieving the goals specified in

24 the application submitted by such entity to receive

25 such grants, then such entity shall not be eligible to
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1 receive any subsequent grant under such section to

2 continue to carry out such project or activity.

3 ‘‘(e) REPORTING REQUIREMENT.—Not later than

4 180 days after the last day of each fiscal year, the Admin5 istrator shall submit to the Chairman of the Committee

6 on Education and the Workforce of the House of Rep7 resentatives and the Chairman of the Committee on the

8 Judiciary of the Senate a report, which shall—

9 ‘‘(1) describe activities and accomplishments of

10 grant activities funded under this section;

11 ‘‘(2) describe procedures followed to dissemi12 nate grant activity products and research findings;

13 ‘‘(3) describe activities conducted to develop

14 policy and to coordinate Federal agency and inter15 agency efforts related to delinquency prevention;

16 ‘‘(4) identify successful approaches and making

17 the recommendations for future activities to be con18 ducted under this section; and

19 ‘‘(5) describe, on a State-by-State basis, the

20 total amount of matching contributions made by

21 States and eligible entities for activities funded

22 under this section.

23 ‘‘(f) RESEARCH AND EVALUATION.—

24 ‘‘(1) IN GENERAL.—Except as provided in para25 graph (2), of the amount made available to carry out
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1 this section in each fiscal year, the Administrator

2 shall use the lesser of 5 percent or $5,000,000 for

3 research, statistics, and evaluation activities carried

4 out in conjunction with the grant programs under

5 this section.

6 ‘‘(2) EXCEPTION.—No amount shall be avail7 able as provided in paragraph (1) for a fiscal year,

8 if amounts are made available for that fiscal year for

9 the National Institute of Justice for evaluation re10 search of juvenile delinquency programs pursuant to

11 subsection (b)(6) or (c)(6) of section 313.

12 ‘‘SEC. 206. GRANTS TO INDIAN TRIBES.

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

14 under section 207(b) in each fiscal year, the Administrator

15 shall make grants to Indian tribes for programs pursuant

16 to the permissible purposes under section 205 and part

17 B.

18 ‘‘(b) APPLICATIONS.—

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

20 grant under this section, an Indian tribe shall sub21 mit to the Administrator an application in such form

22 and containing such information as the Adminis23 trator may by regulation require.

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

25 under paragraph (1) shall include a plan for con-
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1 ducting projects described in section 205(a), which

2 plan shall—

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

4 performs law enforcement functions (as deter5 mined by the Secretary of the Interior);

6 ‘‘(B) identify the juvenile justice and delin7 quency problems and juvenile delinquency pre8 vention needs to be addressed by activities con9 ducted by the Indian tribe in the area under the

10 jurisdiction of the Indian tribe with assistance

11 provided by the grant;

12 ‘‘(C) provide for fiscal control and account13 ing procedures that—

14 ‘‘(i) are necessary to ensure the pru15 dent use, proper disbursement, and ac16 counting of funds received under this sec17 tion; and

18 ‘‘(ii) are consistent with the require19 ments of subparagraph (B); and

20 ‘‘(D) comply with the requirements of sec21 tion 222(a) (except that such subsection relates

22 to consultation with a State advisory group)

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

24 and
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1 ‘‘(E) contain such other information, and

2 be subject to such additional requirements, as

3 the Administrator may reasonably prescribe to

4 ensure the effectiveness of the grant program

5 under this section.

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

7 grants under this section, the Administrator shall

8 consider—

9 ‘‘(1) the resources that are available to each ap10 plicant that will assist, and be coordinated with, the

11 overall juvenile justice system of the Indian tribe;

12 and

13 ‘‘(2) for each Indian tribe that receives assist14 ance under such a grant—

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

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

17 provided by the grant.

18 ‘‘(d) GRANT AWARDS.—

19 ‘‘(1) IN GENERAL.—

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

21 provided in paragraph (2), the Administrator

22 shall annually award grants under this section

23 on a competitive basis. The Administrator shall

24 enter into a grant agreement with each grant
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1 recipient under this section that specifies the

2 terms and conditions of the grant.

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

4 each grant awarded under this section shall be

5 2 years.

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

7 Administrator determines that a grant recipient

8 under this section has performed satisfactorily dur9 ing the preceding year in accordance with an appli10 cable grant agreement, the Administrator may—

11 ‘‘(A) waive the requirement that the recipi12 ent be subject to the competitive award process

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

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

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

16 ‘‘(3) MODIFICATIONS OF PROCESSES.—The Ad17 ministrator may prescribe requirements to provide

18 for appropriate modifications to the plan preparation

19 and application process specified in subsection (b)

20 for an application for a renewal grant under para21 graph (2)(B).

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

23 that receives a grant under this section shall be subject

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

25 the Indian Self-Determination and Education Assistance
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1 Act (25 U.S.C. 450c(f)(1)), relating to the submission of

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

3 31, United States Code.

4 ‘‘(f) MATCHING REQUIREMENT.—Funds appro5 priated by Congress for the activities of any agency of an

6 Indian tribal government or the Bureau of Indian Affairs

7 performing law enforcement functions on any Indian lands

8 may be used to provide the non-Federal share of any pro9 gram or project with a matching requirement funded

10 under this section.

11 ‘‘(g) RULE OF CONSTRUCTION.—Nothing in this sec12 tion may be construed to affect in any manner the juris13 diction of an Indian tribe with respect to land or persons

14 in the State of Alaska.

15 ‘‘(h) TECHNICAL ASSISTANCE.—From the amount

16 reserved under section 207(b) in each fiscal year, the Ad17 ministrator may reserve 1 percent for the purpose of pro18 viding technical assistance to recipients of grants under

19 this section.

20 ‘‘SEC. 207. ALLOCATION OF GRANTS.

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

22 and (d), the amount allocated under section 291 to carry

23 out section 205 in each fiscal year shall be allocated to

24 the States as follows:
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1 ‘‘(1) 0.5 percent shall be allocated to each eligi2 ble State.

3 ‘‘(2) The amount remaining after the allocation

4 under subparagraph (A) shall be allocated among el5 igible States as follows:

6 ‘‘(A) 50 percent of such amount shall be

7 allocated proportionately based on the juvenile

8 population in the eligible States.

9 ‘‘(B) 50 percent of such amount shall be

10 allocated proportionately based on the annual

11 average number of arrests for serious crimes

12 committed in the eligible States by juveniles

13 during the then most recently completed period

14 of 3 consecutive calendar years for which suffi15 cient information is available to the Adminis16 trator.

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

18 any other provision of law, from the amounts allocated

19 under section 291 to carry out section 205 and part B

20 in each fiscal year, the Administrator shall reserve an

21 amount equal to the amount to which all Indian tribes

22 that qualify for a grant under section 206 would collec23 tively be entitled, if such tribes were collectively treated

24 as a State for purposes of subsection (a).
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1 ‘‘(c) EXCEPTION.—The amount allocated to the Vir2 gin Islands of the United States, Guam, American Samoa,

3 the Trust Territory of the Pacific Islands, and the Com4 monwealth of the Northern Mariana Islands shall be not

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

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

7 government, or eligible unit that receives funds under this

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

9 pay for administrative costs.

10 ‘‘PART B—FEDERAL ASSISTANCE FOR STATE AND

11 LOCAL PROGRAMS

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

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

14 grants to States and units of local government, or com15 binations thereof, to assist them in planning, establishing,

16 operating, coordinating, and evaluating projects directly or

17 through grants and contracts with public and private

18 agencies for the development of more effective education,

19 training, research, prevention, diversion, treatment, and

20 rehabilitation programs in the area of juvenile delinquency

21 and programs to improve the juvenile justice system.

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

23 ‘‘(1) IN GENERAL.—With not to exceed 2 per24 cent of the funds available in a fiscal year to carry

25 out this part, the Administrator shall make grants
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1 to and enter into contracts with public and private

2 agencies, organizations, and individuals to provide

3 training and technical assistance to States, units of

4 local governments (and combinations thereof), and

5 local private agencies to facilitate compliance with

6 section 222 and implementation of the State plan

7 approved under section 222(c).

8 ‘‘(2) ELIGIBLE RECIPIENTS.—Grants may be

9 made and contracts may be entered into under para10 graph (1) only to public and private agencies, orga11 nizations, and individuals that have experience in

12 providing such training and technical assistance. In

13 providing such training and technical assistance, the

14 recipient of a grant or contract under this subsection

15 shall coordinate its activities with the State agency

16 described in section 222(a)(1).

17 ‘‘SEC. 222. STATE PLANS.

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

19 grants under this part, a State shall submit a plan, devel20 oped in consultation with the State Advisory Group estab21 lished by the State under subsection (b)(2)(A), for carry22 ing out its purposes applicable to a 3-year period. The

23 State shall submit annual performance reports to the Ad24 ministrator, each of which shall describe progress in imple25 menting programs contained in the original plan, and
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1 amendments necessary to update the plan, and shall de2 scribe the status of compliance with State plan require3 ments. In accordance with regulations that the Adminis4 trator shall prescribe, such plan shall—

5 ‘‘(1) designate a State agency as the sole agen6 cy for supervising the preparation and administra7 tion of the plan;

8 ‘‘(2) contain satisfactory evidence that the

9 State agency designated in accordance with para10 graph (1) has or will have authority, by legislation

11 if necessary, to implement such plan in conformity

12 with this part;

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

14 and participation of units of local government, or

15 combinations thereof, in the development of a State

16 plan that adequately takes into account the needs

17 and requests of units of local government, except

18 that nothing in the plan requirements, or any regu19 lations promulgated to carry out such requirements,

20 shall be construed to prohibit or impede the State

21 from making grants to, or entering into contracts

22 with, local private agencies, including religious orga23 nizations;

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

25 paragraph (5), provide for an equitable distribution
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1 of the assistance received with the State, including

2 rural areas;

3 ‘‘(5) require that the State or unit of local gov4 ernment that is a recipient of amounts under this

5 part distributes those amounts intended to be used

6 for the prevention of juvenile delinquency and reduc7 tion of incarceration, to the extent feasible, in pro8 portion to the amount of juvenile crime committed

9 within those regions and communities;

10 ‘‘(6) provide assurances that youth coming into

11 contact with the juvenile justice system are treated

12 equitably on the basis of gender, race, family in13 come, and disability;

14 ‘‘(7)(A) provide for—

15 ‘‘(i) an analysis of juvenile crime and de16 linquency problems (including the joining of

17 gangs that commit crimes) and juvenile justice

18 and delinquency prevention needs (including

19 educational needs) of the State (including any

20 geographical area in which an Indian tribe per21 forms law enforcement functions), a description

22 of the services to be provided, and a description

23 of performance goals and priorities, including a

24 specific statement of the manner in which pro25 grams are expected to meet the identified juve-
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1 nile crime problems (including the joining of

2 gangs that commit crimes) and juvenile justice

3 and delinquency prevention needs (including

4 educational needs) of the State;

5 ‘‘(ii) an indication of the manner in which

6 the programs relate to other similar State or

7 local programs that are intended to address the

8 same or similar problems; and

9 ‘‘(iii) a plan for the concentration of State

10 efforts, which shall coordinate all State juvenile

11 crime control, prevention, and delinquency pro12 grams with respect to overall policy and devel13 opment of objectives and priorities for all State

14 juvenile crime control and delinquency pro15 grams and activities, including provision for

16 regular meetings of State officials with respon17 sibility in the area of juvenile justice and delin18 quency prevention;

19 ‘‘(B) contain—

20 ‘‘(i) a plan for providing needed gender21 specific services for the prevention and treat22 ment of juvenile delinquency;

23 ‘‘(ii) a plan for providing needed services

24 for the prevention and treatment of juvenile de25 linquency in rural areas; and
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1 ‘‘(iii) a plan for providing needed mental

2 health services to juveniles in the juvenile jus3 tice system;

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

5 utilization of existing juvenile delinquency programs,

6 programs operated by public and private agencies

7 and organizations, and other related programs (such

8 as education, special education, recreation, health,

9 and welfare programs) in the State;

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

11 research, training, and evaluation capacity within

12 the State;

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

14 the funds available to the State under section 221,

15 other than funds made available to the State advi16 sory group under this section, whether expended di17 rectly by the State, by the unit of local government,

18 or by a combination thereof, or through grants and

19 contracts with public or private nonprofit agencies,

20 shall be used for—

21 ‘‘(A) community-based alternatives (includ22 ing home-based alternatives) to incarceration

23 and institutionalization, including—
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1 ‘‘(i) for youth who need temporary

2 placement: crisis intervention, shelter, and

3 after-care; and

4 ‘‘(ii) for youth who need residential

5 placement: a continuum of foster care or

6 group home alternatives that provide ac7 cess to a comprehensive array of services;

8 ‘‘(B) programs that assist in holding juve9 niles accountable for their actions, including the

10 use of graduated sanctions and of neighborhood

11 courts or panels that increase victim satisfac12 tion and require juveniles to make restitution

13 for the damage caused by their delinquent be14 havior;

15 ‘‘(C) comprehensive juvenile crime control

16 and delinquency prevention programs that meet

17 the needs of youth through the collaboration of

18 the many local systems before which a youth

19 may appear, including schools, courts, law en20 forcement agencies, child protection agencies,

21 mental health agencies, welfare services, health

22 care agencies, and private nonprofit agencies of23 fering youth services;

24 ‘‘(D) programs that provide treatment to

25 juvenile offenders who are victims of child
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1 abuse or neglect, and to their families, in order

2 to reduce the likelihood that such juvenile of3 fenders will commit subsequent violations of

4 law;

5 ‘‘(E) educational programs or supportive

6 services for delinquent or other juveniles—

7 ‘‘(i) to encourage juveniles to remain

8 in elementary and secondary schools or in

9 alternative learning situations;

10 ‘‘(ii) to provide services to assist juve11 niles in making the transition to the world

12 of work and self-sufficiency; and

13 ‘‘(iii) enhance coordination with the

14 local schools that such juveniles would oth15 erwise attend, to ensure that—

16 ‘‘(I) the instruction that juveniles

17 receive outside school is closely

18 aligned with the instruction provided

19 in school; and

20 ‘‘(II) information regarding any

21 learning problems identified in such

22 alternative learning situations are

23 communicated to the schools;

24 ‘‘(F) expanding the use of probation

25 officers—
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1 ‘‘(i) particularly for the purpose of

2 permitting nonviolent juvenile offenders

3 (including status offenders) to remain at

4 home with their families as an alternative

5 to incarceration or institutionalization; and

6 ‘‘(ii) to ensure that juveniles follow

7 the terms of their probation;

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

9 are designed to link at-risk juveniles and juve10 nile offenders, particularly juveniles residing in

11 high-crime areas and juveniles experiencing

12 educational failure, with responsible adults

13 (such as law enforcement officers, adults work14 ing with local businesses, and adults working

15 with community-based organizations and agen16 cies) who are properly screened and trained;

17 ‘‘(H) programs designed to develop and

18 implement projects relating to juvenile delin19 quency and learning disabilities, including on20 the-job training programs to assist community

21 services, law enforcement, and juvenile justice

22 personnel to more effectively recognize and pro23 vide for learning disabled and other juveniles

24 with disabilities;
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1 ‘‘(I) projects designed both to deter in2 volvement in illegal activities and to promote in3 volvement in lawful activities on the part of

4 gangs whose membership is substantially com5 posed of youth;

6 ‘‘(J) programs and projects designed to

7 provide for the treatment of youths’ dependence

8 on or abuse of alcohol or other addictive or non9 addictive drugs;

10 ‘‘(K) boot camps for juvenile offenders;

11 ‘‘(L) community-based programs and serv12 ices to work with juveniles, their parents, and

13 other family members during and after incar14 ceration in order to strengthen families so that

15 such juveniles may be retained in their homes;

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

18 will hold juveniles accountable for their acts

19 and decrease juvenile involvement in delinquent

20 activities;

21 ‘‘(N) establishing policies and systems to

22 incorporate relevant child protective services

23 records into juvenile justice records for pur24 poses of establishing treatment plans for juve25 nile offenders;
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1 ‘‘(O) programs (including referral to lit2 eracy programs and social service programs) to

3 assist families with limited English-speaking

4 ability that include delinquent juveniles to over5 come language and other barriers that may pre6 vent the complete treatment of such juveniles

7 and the preservation of their families;

8 ‘‘(P) programs that utilize multidisci9 plinary interagency case management and infor10 mation sharing, that enable the juvenile justice

11 and law enforcement agencies, schools, and so12 cial service agencies to make more informed de13 cisions regarding early identification, control,

14 supervision, and treatment of juveniles who re15 peatedly commit violent or serious delinquent

16 acts; and

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

19 ‘‘(11) shall provide that—

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

21 who have committed an offense that would not

22 be criminal if committed by an adult,

23 excluding—

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

25 who have committed a violation of section
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1 922(x)(2) of title 18, United States Code,

2 or of a similar State law;

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

4 who have committed a violation of a valid

5 court order; and

6 ‘‘(iii) juveniles who are held in accord7 ance with the Interstate Compact on Juve8 niles as enacted by the State;

9 shall not be placed in secure detention facilities

10 or secure correctional facilities; and

11 ‘‘(B) juveniles—

12 ‘‘(i) who are not charged with any of13 fense; and

14 ‘‘(ii) who are—

15 ‘‘(I) aliens; or

16 ‘‘(II) alleged to be dependent, ne17 glected, or abused;

18 shall not be placed in secure detention facilities

19 or secure correctional facilities;

20 ‘‘(12) provide that—

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

22 delinquent or juveniles within the purview of

23 paragraph (11) will not be detained or confined

24 in any institution in which they have prohibited
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1 physical contact or sustained oral communica2 tion with adult inmates; and

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

4 that requires individuals who work with both

5 such juveniles and such adult inmates in collo6 cated facilities have been trained and certified

7 to work with juveniles;

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

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

10 ‘‘(A) juveniles who are accused of nonsta11 tus offenses and who are detained in such jail

12 or lockup for a period not to exceed 6 hours—

13 ‘‘(i) for processing or release;

14 ‘‘(ii) while awaiting transfer to a juve15 nile facility; or

16 ‘‘(iii) in which period such juveniles

17 make a court appearance;

18 ‘‘(B) juveniles who are accused of nonsta19 tus offenses, who are awaiting an initial court

20 appearance that will occur within 48 hours

21 after being taken into custody (excluding Satur22 days, Sundays, and legal holidays), and who are

23 detained or confined in a jail or lockup—

24 ‘‘(i) in which—
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1 ‘‘(I) such juveniles do not have

2 prohibited physical contact or sus3 tained oral communication with adult

4 inmates; and

5 ‘‘(II) there is in effect in the

6 State a policy that requires individ7 uals who work with both such juve8 niles and such adult inmates in collo9 cated facilities have been trained and

10 certified to work with juveniles; and

11 ‘‘(ii) that—

12 ‘‘(I) is located outside a metro13 politan statistical area (as defined by

14 the Office of Management and Budg15 et);

16 ‘‘(II) has no existing acceptable

17 alternative placement available;

18 ‘‘(III) is located where conditions

19 of distance to be traveled or the lack

20 of highway, road, or transportation do

21 not allow for court appearances within

22 48 hours (excluding Saturdays, Sun23 days, and legal holidays) so that a

24 brief (not to exceed an additional 48

25 hours) delay is excusable; or
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1 ‘‘(IV) is located where conditions

2 of safety exist (such as severe adverse,

3 life-threatening weather conditions

4 that do not allow for reasonably safe

5 travel), in which case the time for an

6 appearance may be delayed until 24

7 hours after the time that such condi8 tions allow for reasonable safe travel;

9 ‘‘(C) juveniles who are accused of nonsta10 tus offenses and who are detained or confined

11 in a jail or lockup that satisfies the require12 ments of subparagraph (B)(i) if—

13 ‘‘(i) such jail or lockup—

14 ‘‘(I) is located outside a metro15 politan statistical area (as defined by

16 the Office of Management and Budg17 et); and

18 ‘‘(II) has no existing acceptable

19 alternative placement available;

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

21 (or guardian ad litem) of the juvenile in22 volved consents to detaining or confining

23 such juvenile in accordance with this sub24 paragraph;
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1 ‘‘(iii) the juvenile has counsel, and the

2 counsel representing such juvenile has an

3 opportunity to present the juvenile’s posi4 tion regarding the detention or confine5 ment involved to the court before the court

6 approves such detention or confinement;

7 and

8 ‘‘(iv) detaining or confining such juve9 nile in accordance with this subparagraph

10 is—

11 ‘‘(I) approved in advance by a

12 court with competent jurisdiction;

13 ‘‘(II) required to be reviewed pe14 riodically, at intervals of not more

15 than 5 days (excluding Saturdays,

16 Sundays, and legal holidays), by such

17 court for the duration of detention or

18 confinement; and

19 ‘‘(III) for a period preceding the

20 sentencing (if any) of such juvenile;

21 ‘‘(14) provide assurances that consideration will

22 be given to and that assistance will be available for

23 approaches designed to strengthen the families of

24 delinquent and other youth to prevent juvenile delin25 quency (which approaches should include the involve-
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1 ment of grandparents or other extended family

2 members, when possible, and appropriate and the

3 provision of family counseling during the incarcer4 ation of juvenile family members and coordination of

5 family services when appropriate and feasible);

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

7 for protecting the rights of recipients of services and

8 for assuring appropriate privacy with regard to

9 records relating to such services provided to any in10 dividual under the State plan;

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

12 accounting procedures necessary to assure prudent

13 use, proper disbursement, and accurate accounting

14 of funds received under this title;

15 ‘‘(17) provide reasonable assurances that Fed16 eral funds made available under this part for any pe17 riod shall be so used as to supplement and increase

18 (but not supplant) the level of the State, local, and

19 other non-Federal funds that would in the absence

20 of such Federal funds be made available for the pro21 grams described in this part, and shall in no event

22 replace such State, local, and other non-Federal

23 funds;

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

25 under paragraph (1) will, not less often than annu-
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1 ally, review its plan and submit to the Administrator

2 an analysis and evaluation of the effectiveness of the

3 programs and activities carried out under the plan,

4 and any modifications in the plan, including the sur5 vey of State and local needs, that the agency consid6 ers necessary;

7 ‘‘(19) provide assurances that the State or each

8 unit of local government that is a recipient of

9 amounts under this part require that any person

10 convicted of a sexual act or sexual contact involving

11 any other person who has not attained the age of 18

12 years, and who is not less than 4 years younger than

13 such convicted person, be tested for the presence of

14 any sexually transmitted disease and that the results

15 of such test be provided to the victim or to the fam16 ily of the victim as well as to any court or other gov17 ernment agency with primary authority for sentenc18 ing the person convicted for the commission of the

19 sexual act or sexual contact (as those terms are de20 fined in paragraphs (2) and (3), respectively, of sec21 tion 2246 of title 18, United States Code) involving

22 a person not having attained the age of 18 years;

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

24 custody for violating a valid court order issued for

25 committing a status offense—
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1 ‘‘(A) an appropriate public agency shall be

2 promptly notified that such juvenile is held in

3 custody for violating such order;

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

5 such juvenile is so held, an authorized rep6 resentative of such agency shall interview, in

7 person, such juvenile; and

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

9 such juvenile is so held—

10 ‘‘(i) such representative shall submit

11 an assessment to the court that issued

12 such order, regarding the immediate needs

13 of such juvenile; and

14 ‘‘(ii) such court shall conduct a hear15 ing to determine—

16 ‘‘(I) whether there is reasonable

17 cause to believe that such juvenile vio18 lated such order; and

19 ‘‘(II) the appropriate placement

20 of such juvenile pending disposition of

21 the violation alleged;

22 ‘‘(21) specify a percentage (if any), not to ex23 ceed 5 percent, of funds received by the State under

24 section 221 that the State will reserve for expendi25 ture by the State to provide incentive grants to units
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1 of local government that reduce the case load of pro2 bation officers within such units;

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

4 extent practicable, will implement a system to ensure

5 that if a juvenile is before a court in the juvenile jus6 tice system, public child welfare records (including

7 child protective services records) relating to such ju8 venile that are on file in the geographical area under

9 the jurisdiction of such court will be made known to

10 such court;

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

12 are waived at the discretion of the Administrator for

13 any State in which the services for delinquent or

14 other youth are organized primarily on a statewide

15 basis, provide that at least 50 percent of funds re16 ceived by the State under this section, other than

17 funds made available to the State advisory group,

18 shall be expended—

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

20 local government or combinations thereof, to

21 the extent such programs are consistent with

22 the State plan; and

23 ‘‘(B) through programs of local private

24 agencies, to the extent such programs are con25 sistent with the State plan, except that direct
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1 funding of any local private agency by a State

2 shall be permitted only if such agency requests

3 such funding after it has applied for and been

4 denied funding by any unit of general local gov5 ernment or combination thereof; and

6 ‘‘(24) to the extent that segments of the juve7 nile population are shown to be detained or confined

8 in secure detention facilities, secure correctional fa9 cilities, jails, and lockups, to a greater extent than

10 the proportion of these groups in the general juve11 nile population, address prevention efforts designed

12 to reduce such disproportionate confinement, with13 out requiring the release or the failure to detain any

14 individual.

15 ‘‘(b) APPROVAL BY STATE AGENCY.—

16 ‘‘(1) STATE AGENCY.—The State agency des17 ignated under subsection (a)(1) shall approve the

18 State plan and any modification thereof prior to

19 submission of the plan to the Administrator.

20 ‘‘(2) STATE ADVISORY GROUP.—

21 ‘‘(A) ESTABLISHMENT.—The State advi22 sory group referred to in subsection (a) shall be

23 known as the ‘State Advisory Group’, consisting

24 of representatives from both the private and

25 public sector, each of whom shall be appointed
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1 for a term of not more than 6 years. The State

2 shall ensure that members of the State Advi3 sory Group shall have experience in the area of

4 juvenile delinquency prevention, the prosecution

5 of juvenile offenders, the treatment of juvenile

6 delinquency, the investigation of juvenile

7 crimes, or the administration of juvenile justice

8 programs, and shall include not less than 1

9 prosecutor and not less than 1 judge from a

10 court with a juvenile crime or delinquency dock11 et. The chairperson of the State Advisory

12 Group shall not be a full-time employee of the

13 Federal Government or the State government.

14 ‘‘(B) CONSULTATION.—

15 ‘‘(i) IN GENERAL.—The State shall

16 consult with the State Advisory Group es17 tablished under subparagraph (A) in devel18 oping and reviewing the State plan under

19 this section.

20 ‘‘(ii) AUTHORITY.—The State Advi21 sory Group shall report to the chief execu22 tive officer and the legislature of the State

23 on an annual basis regarding recommenda24 tions related to the State’s compliance

25 under this section.
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1 ‘‘(C) FUNDING.—From amounts reserved

2 for administrative costs, the State may make

3 available to the State Advisory Group such

4 sums as may be necessary to assist the State

5 Advisory Group in adequately performing its

6 duties under this paragraph.

7 ‘‘(c) COMPLIANCE WITH STATUTORY REQUIRE8 MENTS.—

9 ‘‘(1) IN GENERAL.—If a State fails to comply

10 with any of the applicable requirements of para11 graph (11), (12), (13), or (24) of subsection (a) in

12 any fiscal year beginning after September 30, 1999,

13 the amount allocated to such State for the subse14 quent fiscal year shall be reduced by not to exceed

15 12.5 percent for each such paragraph with respect

16 to which the failure occurs, unless the Administrator

17 determines that the State—

18 ‘‘(A) has achieved substantial compliance

19 with such applicable requirements with respect

20 to which the State was not in compliance; and

21 ‘‘(B) has made, through appropriate execu22 tive or legislative action, an unequivocal com23 mitment to achieving full compliance with such

24 applicable requirements within a reasonable

25 time.
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1 ‘‘(2) WAIVER.—The Administrator may, upon

2 request by a State showing good cause, waive the

3 application of this subsection with respect to such

4 State.

5 ‘‘SEC. 223. ALLOCATION OF GRANTS.

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

7 and (d), the amount allocated under section 291 to carry

8 out this part in each fiscal year that remains after reserva9 tion under section 207(b) for that fiscal year shall be allo10 cated to the States as follows:

11 ‘‘(1) 0.5 percent shall be allocated to each eligi12 ble State.

13 ‘‘(2) The amount remaining after the allocation

14 under clause (i) shall be allocated proportionately

15 based on the juvenile population in the eligible

16 States.

17 ‘‘(b) SYSTEM SUPPORT GRANTS.—Of the amount al18 located under section 291 to carry out this part in each

19 fiscal year that remains after reservation under section

20 207(b) for that fiscal year, up to 10 percent may be avail21 able for use by the Administrator to provide—

22 ‘‘(1) training and technical assistance consist23 ent with the purposes authorized under sections 204,

24 205, and 221;
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1 ‘‘(2) direct grant awards and other support to

2 develop, test, and demonstrate new approaches to

3 improving the juvenile justice system and reducing,

4 preventing, and abating delinquent behavior, juvenile

5 crime, and youth violence;

6 ‘‘(3) for research and evaluation efforts to dis7 cover and test methods and practices to improve the

8 juvenile justice system and reduce, prevent, and

9 abate delinquent behavior, juvenile crime, and youth

10 violence; and

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

12 practices, consistent with purposes authorized under

13 sections 204, 205, and 221.

14 ‘‘(c) EXCEPTION.—The amount allocated to the Vir15 gin Islands of the United States, Guam, American Samoa,

16 the Trust Territory of the Pacific Islands, and the Com17 monwealth of the Northern Mariana Islands shall be not

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

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

20 government, or eligible unit that receives funds under this

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

22 pay for administrative costs.
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1 ‘‘PART C—NATIONAL PROGRAMS

2 ‘‘SEC. 241. ESTABLISHMENT OF NATIONAL INSTITUTE FOR

3 JUVENILE CRIME CONTROL AND DELIN4 QUENCY PREVENTION.

5 ‘‘(a) IN GENERAL.—There is established within the

6 National Institute of Justice a National Institute for Juve7 nile Crime Control and Delinquency Prevention, the pur8 pose of which shall be to provide—

9 ‘‘(1) a coordinating center for the collection,

10 preparation, and dissemination of useful data re11 garding the prevention, treatment, and control of ju12 venile delinquency;

13 ‘‘(2) through the National Institute of Justice,

14 for the rigorous and independent evaluation of the

15 delinquency and youth violence prevention programs

16 funded under this title;

17 ‘‘(3) funding for new research, through the Na18 tional Institute of Justice, on the nature, causes,

19 and prevention of juvenile violence and juvenile de20 linquency; and

21 ‘‘(4) appropriate training (including training

22 designed to strengthen and maintain the family

23 unit) for representatives of Federal, State, local law

24 enforcement officers, teachers and special education

25 personnel, recreation and park personnel, family

26 counselors, child welfare workers, juvenile judges
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1 and judicial personnel, probation personnel, prosecu2 tors and defense attorneys, correctional personnel

3 (including volunteer lay personnel), persons associ4 ated with law-related education, youth workers, and

5 representatives of private agencies and organizations

6 with specific experience in the prevention, treatment,

7 and control of juvenile delinquency.

8 ‘‘(b) ADMINISTRATION.—The National Institute for

9 Juvenile Crime Control and Delinquency Prevention shall

10 be under the supervision and direction of the Director of

11 the National Institute of Justice (referred to in this part

12 as the ‘Director’), in consultation with the Administrator.

13 ‘‘(c) COORDINATION.—The activities of the National

14 Institute for Juvenile Crime Control and Delinquency Pre15 vention shall be coordinated with the activities of the Na16 tional Institute of Justice.

17 ‘‘(d) DUTIES OF THE INSTITUTE.—

18 ‘‘(1) IN GENERAL.—The Administrator shall

19 transfer appropriated amounts to the National Insti20 tute of Justice, or to other Federal agencies, for the

21 purposes of new research and evaluation projects

22 funded by the National Institute for Juvenile Crime

23 Control and Delinquency Prevention, and for evalua24 tion of discretionary programs of the Office of Juve25 nile Crime Control and Prevention.
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1 ‘‘(2) REQUIREMENTS.—Each evaluation and re2 search study funded with amounts transferred under

3 paragraph (1) shall—

4 ‘‘(A) be independent in nature;

5 ‘‘(B) be awarded competitively; and

6 ‘‘(C) employ rigorous and scientifically rec7 ognized standards and methodologies, including

8 peer review by nonapplicants.

9 ‘‘(e) POWERS OF THE INSTITUTE.—In addition to the

10 other powers, express and implied, the National Institute

11 for Juvenile Crime Control and Delinquency Prevention

12 may—

13 ‘‘(1) request any Federal agency to supply such

14 statistics, data, program reports, and other material

15 as the National Institute for Juvenile Crime Control

16 and Delinquency Prevention deems necessary to

17 carry out its functions;

18 ‘‘(2) arrange with and reimburse the heads of

19 Federal agencies for the use of personnel or facilities

20 or equipment of such agencies;

21 ‘‘(3) confer with and avail itself of the coopera22 tion, services, records, and facilities of State, munici23 pal, or other public or private local agencies;

24 ‘‘(4) make grants and enter into contracts with

25 public or private agencies, organizations, or individ-
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1 uals for the partial performance of any functions of

2 the National Institute for Juvenile Crime Control

3 and Delinquency Prevention; and

4 ‘‘(5) compensate consultants and members of

5 technical advisory councils who are not in the regu6 lar full-time employ of the United States, at a rate

7 now or hereafter payable under section 5376 of title

8 5, United States Code, and while away from home,

9 or regular place of business, they may be allowed

10 travel expenses, including per diem in lieu of subsist11 ence, as authorized by section 5703 of title 5,

12 United States Code, for persons in the Government

13 service employed intermittently.

14 ‘‘(f) INFORMATION FROM FEDERAL AGENCIES.—A

15 Federal agency that receives a request from the National

16 Institute for Juvenile Crime Control and Delinquency Pre17 vention under subsection (e)(1) may cooperate with the

18 National Institute for Juvenile Crime Control and Delin19 quency Prevention and shall, to the maximum extent prac20 ticable, consult with and furnish information and advice

21 to the National Institute for Juvenile Crime Control and

22 Delinquency Prevention.
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1 ‘‘SEC. 242. INFORMATION FUNCTION.

2 ‘‘The Administrator, acting through the National In3 stitute for Juvenile Crime Control and Delinquency Pre4 vention, as appropriate, shall—

5 ‘‘(1) on a continuing basis, review reports, data,

6 and standards relating to the juvenile justice system

7 in the United States;

8 ‘‘(2) serve as an information bank by collecting

9 systematically and synthesizing the data and knowl10 edge obtained from studies and research by public

11 and private agencies, institutions, or individuals con12 cerning all aspects of juvenile delinquency, including

13 the prevention and treatment of juvenile delin14 quency; 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. 243. RESEARCH, DEMONSTRATION, AND EVALUATION

2 FUNCTIONS.

3 ‘‘(a) IN GENERAL.—The Administrator, acting

4 through the National Institute for Juvenile Crime Control

5 and Delinquency Prevention, as appropriate, may—

6 ‘‘(1) conduct, encourage, and coordinate re7 search and evaluation into any aspect of juvenile de8 linquency, particularly with regard to new programs

9 and methods that show promise of making a con10 tribution toward the prevention and treatment of ju11 venile delinquency;

12 ‘‘(2) encourage the development of demonstra13 tion projects in new, innovative techniques and

14 methods to prevent and treat juvenile delinquency;

15 ‘‘(3) establish or expand programs that, in rec16 ognition of varying degrees of the seriousness of de17 linquent behavior and the corresponding gradations

18 in the responses of the juvenile justice system in re19 sponse to that behavior, are designed to—

20 ‘‘(A) encourage courts to develop and im21 plement a continuum of post-adjudication re22 straints that bridge the gap between traditional

23 probation and confinement in a correctional set24 ting (including expanded use of probation, me25 diation, restitution, community service, treat26 ment, home detention, intensive supervision,
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•S 254 PCS

1 electronic monitoring, boot camps and similar

2 programs, and secure community-based treat3 ment facilities linked to other support services

4 such as health, mental health, education (reme5 dial and special), job training, and recreation);

6 and

7 ‘‘(B) assist in the provision by the Admin8 istrator of best practices of information and

9 technical assistance, including technology trans10 fer, to States in the design and utilization of

11 risk assessment mechanisms to aid juvenile jus12 tice personnel in determining appropriate sanc13 tions for delinquent behavior;

14 ‘‘(4) encourage the development of programs

15 that, in addition to helping youth take responsibility

16 for their behavior, through control and incarceration,

17 if necessary, provide therapeutic intervention such as

18 providing skills;

19 ‘‘(5) encourage the development and establish20 ment of programs to enhance the States’ ability to

21 identify chronic serious and violent juvenile offend22 ers who commit crimes such as rape, murder, fire23 arms offenses, gang-related crimes, violent felonies,

24 and serious drug offenses;
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1 ‘‘(6) prepare, in cooperation with education in2 stitutions, with Federal, State, and local agencies,

3 and with appropriate individuals and private agen4 cies, such studies as it considers to be necessary

5 with respect to prevention of and intervention with

6 juvenile violence and delinquency and the improve7 ment of juvenile justice systems, including—

8 ‘‘(A) evaluations of programs and interven9 tions designed to prevent youth violence and ju10 venile delinquency;

11 ‘‘(B) assessments and evaluations of the

12 methodological approaches to evaluating the ef13 fectiveness of interventions and programs de14 signed to prevent youth violence and juvenile

15 delinquency;

16 ‘‘(C) studies of the extent, nature, risk,

17 and protective factors, and causes of youth vio18 lence and juvenile delinquency;

19 ‘‘(D) comparisons of youth adjudicated

20 and treated by the juvenile justice system com21 pared to juveniles waived to and adjudicated by

22 the adult criminal justice system (including in23 carcerated in adult, secure correctional facili24 ties);
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1 ‘‘(E) recommendations with respect to ef2 fective and ineffective primary, secondary, and

3 tertiary prevention interventions, including for

4 which juveniles, and under what circumstances

5 (including circumstances connected with the

6 staffing of the intervention), prevention efforts

7 are effective and ineffective; and

8 ‘‘(F) assessments of risk prediction sys9 tems of juveniles used in making decisions re10 garding pretrial detention;

11 ‘‘(7) disseminate the results of such evaluations

12 and research and demonstration activities particu13 larly to persons actively working in the field of juve14 nile delinquency;

15 ‘‘(8) disseminate pertinent data and studies to

16 individuals, agencies, and organizations concerned

17 with the prevention and treatment of juvenile delin18 quency; and

19 ‘‘(9) routinely collect, analyze, compile, publish,

20 and disseminate uniform national statistics

21 concerning—

22 ‘‘(A) all aspects of juveniles as victims and

23 offenders;

24 ‘‘(B) the processing and treatment, in the

25 juvenile justice system, of juveniles who are sta-
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1 tus offenders, delinquent, neglected, or abused;

2 and

3 ‘‘(C) the processing and treatment of such

4 juveniles who are treated as adults for purposes

5 of the criminal justice system.

6 ‘‘(b) PUBLIC DISCLOSURE.—The Administrator or

7 the Director, as appropriate, shall make available to the

8 public—

9 ‘‘(1) the results of research, demonstration, and

10 evaluation activities referred to in subsection (a)(8);

11 ‘‘(2) the data and studies referred to in sub12 section (a)(9); and

13 ‘‘(3) regular reports regarding each State’s ob14 jective measurements of youth violence, such as the

15 number, rate, and trend of homicides committed by

16 youths.

17 ‘‘SEC. 244. TECHNICAL ASSISTANCE AND TRAINING FUNC18 TIONS.

19 ‘‘The Administrator, acting through the National In20 stitute for Crime Control and Delinquency Prevention, as

21 appropriate, may—

22 ‘‘(1) provide technical assistance and training

23 assistance to Federal, State, and local governments

24 and to courts, public and private agencies, institu25 tions, and individuals in the planning, establishment,
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•S 254 PCS

1 funding, operation, and evaluation of juvenile delin2 quency programs;

3 ‘‘(2) develop, conduct, and provide for training

4 programs for the training of professional, para5 professional, and volunteer personnel, and other per6 sons who are working with or preparing to work

7 with juveniles, juvenile offenders (including juveniles

8 who commit hate crimes), and their families;

9 ‘‘(3) develop, conduct, and provide for seminars,

10 workshops, and training programs in the latest prov11 en effective techniques and methods of preventing

12 and treating juvenile delinquency for law enforce13 ment officers, juvenile judges, prosecutors, and de14 fense attorneys, and other court personnel, probation

15 officers, correctional personnel, and other Federal,

16 State, and local government personnel who are en17 gaged in work relating to juvenile delinquency;

18 ‘‘(4) develop technical training teams to aid in

19 the development of training programs in the States

20 and to assist State and local agencies that work di21 rectly with juveniles and juvenile offenders; and

22 ‘‘(5) provide technical assistance and training

23 to assist States and units of general local govern24 ment.
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1 ‘‘SEC. 245. ESTABLISHMENT OF TRAINING PROGRAM.

2 ‘‘(a) IN GENERAL.—The Administrator shall estab3 lish within the National Institute for Juvenile Crime Con4 trol and Delinquency Prevention a training program de5 signed to train enrollees with respect to methods and tech6 niques for the prevention and treatment of juvenile delin7 quency, including methods and techniques specifically de8 signed to prevent and reduce the incidence of hate crimes

9 committed by juveniles. In carrying out this program the

10 Administrator may make use of available State and local

11 services, equipment, personnel, facilities, and the like.

12 ‘‘(b) QUALIFICATIONS FOR ENROLLMENT.—Enroll13 ees in the training program established under this section

14 shall be drawn from law enforcement and correctional per15 sonnel (including volunteer lay personnel), teachers and

16 special education personnel, family counselors, child wel17 fare workers, juvenile judges and judicial personnel, per18 sons associated with law-related education, youth workers,

19 and representatives of private agencies and organizations

20 with specific experience in the prevention and treatment

21 of juvenile delinquency.

22 ‘‘SEC. 246. REPORT ON STATUS OFFENDERS.

23 ‘‘Not later than September 1, 2002, the Adminis24 trator, through the National Institute of Justice, shall—

25 ‘‘(1) conduct a study on the effect of incarcer26 ation on status offenders compared to similarly situ-
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1 ated individuals who are not placed in secure deten2 tion in terms of the continuation of their inappropri3 ate or illegal conduct, delinquency, or future crimi4 nal behavior, and evaluating the safety of status of5 fenders placed in secure detention; and

6 ‘‘(2) submit to the Chairman and Ranking

7 Member of the Committee on the Judiciary of the

8 Senate and the Chairman and Ranking Member of

9 the Committee on Education and the Workforce of

10 the House of Representatives a report on the results

11 of the study conducted under paragraph (1).

12 ‘‘SEC. 247. CONSIDERATIONS FOR APPROVAL OF APPLICA13 TIONS.

14 ‘‘(a) IN GENERAL.—Any agency, institution, or indi15 vidual seeking to receive a grant, or enter into a contract,

16 under section 243, 244, or 245 shall submit an application

17 at such time, in such manner, and containing or accom18 panied by such information as the Administrator or the

19 Director, as appropriate, may prescribe.

20 ‘‘(b) APPLICATION CONTENTS.—In accordance with

21 guidelines established by the Administrator or the Direc22 tor, as appropriate, each application for assistance under

23 section 243, 244, or 245 shall—

24 ‘‘(1) set forth a program for carrying out 1 or

25 more of the purposes set forth in section 243, 244,
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•S 254 PCS

1 or 245, and specifically identify each such purpose

2 such program is designed to carry out;

3 ‘‘(2) provide that such program shall be admin4 istered by or under the supervision of the applicant;

5 ‘‘(3) provide for the proper and efficient admin6 istration of such program;

7 ‘‘(4) provide for regular evaluation of such pro8 gram; and

9 ‘‘(5) provide for such fiscal control and fund ac10 counting procedures as may be necessary to ensure

11 prudent use, proper disbursement, and accurate ac12 counting of funds received under this title.

13 ‘‘(c) FACTORS FOR CONSIDERATION.—In determin14 ing whether or not to approve applications for grants and

15 for contracts under this part, the Administrator or the Di16 rector, as appropriate, shall consider—

17 ‘‘(1) whether the project uses appropriate and

18 rigorous methodology, including appropriate sam19 ples, control groups, psychometrically sound meas20 urement, and appropriate data analysis techniques;

21 ‘‘(2) the experience of the principal and coprin22 cipal investigators in the area of youth violence and

23 juvenile delinquency;
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1 ‘‘(3) the protection offered human subjects in

2 the study, including informed consent procedures;

3 and

4 ‘‘(4) the cost-effectiveness of the proposed

5 project.

6 ‘‘(d) SELECTION PROCESS.—

7 ‘‘(1) IN GENERAL.—

8 ‘‘(A) COMPETITIVE PROCESS.—Subject to

9 subparagraph (B), programs selected for assist10 ance through grants or contracts under section

11 243, 244, or 245 shall be selected through a

12 competitive process, which shall be established

13 by the Administrator or the Director, as appro14 priate, by rule. As part of such a process, the

15 Administrator or the Director, as appropriate,

16 shall announce in the Federal Register—

17 ‘‘(i) the availability of funds for such

18 assistance;

19 ‘‘(ii) the general criteria applicable to

20 the selection of applicants to receive such

21 assistance; and

22 ‘‘(iii) a description of the procedures

23 applicable to submitting and reviewing ap24 plications for such assistance.
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1 ‘‘(B) WAIVER.—The competitive process

2 described in subparagraph (A) shall not be re3 quired if the Administrator or the Director, as

4 appropriate, makes a written determination

5 waiving the competitive process with respect to

6 a program to be carried out in an area with re7 spect to which the President declares under the

8 Robert T. Stafford Disaster Relief and Emer9 gency Assistance Act (42 U.S.C. 5121 et seq.)

10 that a major disaster or emergency exists.

11 ‘‘(2) REVIEW PROCESS.—

12 ‘‘(A) IN GENERAL.—Programs selected for

13 assistance through grants and contracts under

14 this part shall be selected after a competitive

15 process that provides potential grantees and

16 contractors with not less than 90 days to sub17 mit applications for funds. Applications for

18 funds shall be reviewed through a formal peer

19 review process by qualified scientists with ex20 pertise in the fields of criminology, juvenile de21 linquency, sociology, psychology, research meth22 odology, evaluation research, statistics, and re23 lated areas. The peer review process shall con24 form to the process used by the National Insti-
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1 tutes of Health, the National Institute of Jus2 tice, or the National Science Foundation.

3 ‘‘(B) ESTABLISHMENT OF PROCESS.—

4 Such process shall be established by the Admin5 istrator or the Director, as appropriate, in con6 sultation with the Directors and other appro7 priate officials of the National Science Founda8 tion and the National Institute of Mental

9 Health. Before implementation of such process,

10 the Administrator or the Director, as appro11 priate, shall submit such process to such Direc12 tors, each of whom shall prepare and furnish to

13 the Chairman of the Committee on Education

14 and the Workforce of the House of Representa15 tives and the Chairman of the Committee on

16 the Judiciary of the Senate a final report con17 taining their comments on such process as pro18 posed to be established.

19 ‘‘(3) EMERGENCY EXPEDITED CONSIDER20 ATION.—In establishing the process required under

21 paragraphs (1) and (2), the Administrator or the

22 Director, as appropriate, shall provide for emergency

23 expedited consideration of a proposed program if the

24 Administrator or the Director, as appropriate, deter25 mines such action to be necessary in order to avoid
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1 a delay that would preclude carrying out the pro2 gram.

3 ‘‘(e) EFFECT OF POPULATION.—A city shall not be

4 denied assistance under section 243, 244, or 245 solely

5 on the basis of its population.

6 ‘‘(f) NOTIFICATION PROCESS.—Notification of grants

7 and contracts made under sections 243, 244, and 245

8 (and the applications submitted for such grants and con9 tracts) shall, upon being made, be transmitted by the Ad10 ministrator or the Director, as appropriate, to the Chair11 man of the Committee on Education and the Workforce

12 of the House of Representatives and the Chairman of the

13 Committee on the Judiciary of the Senate.

14 ‘‘PART D—GANG-FREE SCHOOLS AND COMMU15 NITIES; COMMUNITY-BASED GANG INTER16 VENTION

17 ‘‘SEC. 251. DEFINITION OF JUVENILE.

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

19 who has not attained the age of 22 years.

20 ‘‘SEC. 252. GANG-FREE SCHOOLS AND COMMUNITIES.

21 ‘‘(a) IN GENERAL.—

22 ‘‘(1) The Administrator shall make grants to or

23 enter into contracts with public agencies (including

24 local educational agencies) and private nonprofit

25 agencies, organizations, and institutions to establish
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1 and support programs and activities that involve

2 families and communities and that are designed to

3 carry out any of the following purposes:

4 ‘‘(A) To prevent and to reduce the partici5 pation of juveniles in the activities of gangs

6 that commit crimes. Such programs and activi7 ties may include—

8 ‘‘(i) individual, peer, family, and

9 group counseling, including the provision

10 of life skills training and preparation for

11 living independently, which shall include

12 cooperation with social services, welfare,

13 and health care programs;

14 ‘‘(ii) education and social services de15 signed to address the social and develop16 mental needs of juveniles that such juve17 niles would otherwise seek to have met

18 through membership in gangs;

19 ‘‘(iii) crisis intervention and counsel20 ing to juveniles, who are particularly at

21 risk of gang involvement, and their fami22 lies, including assistance from social serv23 ice, welfare, health care, mental health,

24 and substance abuse prevention and treat25 ment agencies where necessary;
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1 ‘‘(iv) the organization of neighborhood

2 and community groups to work closely with

3 parents, schools, law enforcement, and

4 other public and private agencies in the

5 community; and

6 ‘‘(v) training and assistance to adults

7 who have significant relationships with ju8 veniles who are or may become members of

9 gangs, to assist such adults in providing

10 constructive alternatives to participating in

11 the activities of gangs.

12 ‘‘(B) To develop within the juvenile adju13 dicatory and correctional systems new and inno14 vative means to address the problems of juve15 niles convicted of serious drug-related and

16 gang-related offenses.

17 ‘‘(C) To target elementary school students,

18 with the purpose of steering students away

19 from gang involvement.

20 ‘‘(D) To provide treatment to juveniles

21 who are members of such gangs, including

22 members who are accused of committing a seri23 ous crime and members who have been adju24 dicated as being delinquent.
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1 ‘‘(E) To promote the involvement of juve2 niles in lawful activities in geographical areas in

3 which gangs commit crimes.

4 ‘‘(F) To promote and support, with the co5 operation of community-based organizations ex6 perienced in providing services to juveniles en7 gaged in gang-related activities and the co8 operation of local law enforcement agencies, the

9 development of policies and activities in public

10 elementary and secondary schools that will as11 sist such schools in maintaining a safe environ12 ment conducive to learning.

13 ‘‘(G) To assist juveniles who are or may

14 become members of gangs to obtain appropriate

15 educational instruction, in or outside a regular

16 school program, including the provision of coun17 seling and other services to promote and sup18 port the continued participation of such juve19 niles in such instructional programs.

20 ‘‘(H) To expand the availability of preven21 tion and treatment services relating to the ille22 gal use of controlled substances and controlled

23 substance analogues (as defined in paragraphs

24 (6) and (32) of section 102 of the Controlled

25 Substances Act (21 U.S.C. 802)) by juveniles,
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1 provided through State and local health and so2 cial services agencies.

3 ‘‘(I) To provide services to prevent juve4 niles from coming into contact with the juvenile

5 justice system again as a result of gang-related

6 activity.

7 ‘‘(J) To provide services authorized in this

8 section at a special location in a school or hous9 ing project.

10 ‘‘(K) To support activities to inform juve11 niles of the availability of treatment and serv12 ices for which financial assistance is available

13 under this section.

14 ‘‘(2) From not more than 15 percent of the

15 total amount appropriated to carry out this part in

16 each fiscal year, the Administrator may make grants

17 to and enter into contracts with public agencies and

18 private nonprofit agencies, organizations, and

19 institutions—

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

21 to juvenile gangs;

22 ‘‘(B) to evaluate the effectiveness of pro23 grams and activities funded under paragraph

24 (1); and
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1 ‘‘(C) to increase the knowledge of the pub2 lic (including public and private agencies that

3 operate or desire to operate gang prevention

4 and intervention programs) by disseminating in5 formation on research and on effective pro6 grams and activities funded under this section.

7 ‘‘(b) APPROVAL OF APPLICATIONS.—

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

9 or institution seeking to receive a grant, or to enter

10 into a contract, under this section shall submit an

11 application at such time, in such manner, and con12 taining such information as the Administrator may

13 prescribe.

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

15 with guidelines established by the Administrator,

16 each application submitted under paragraph (1)

17 shall—

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

19 carrying out 1 or more of the purposes specified

20 in subsection (a) and specifically identify each

21 such purpose such program or activity is de22 signed to carry out;

23 ‘‘(B) provide that such program or activity

24 shall be administered by or under the super25 vision of the applicant;
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1 ‘‘(C) provide for the proper and efficient

2 administration of such program or activity;

3 ‘‘(D) provide for regular evaluation of such

4 program or activity;

5 ‘‘(E) provide an assurance that the pro6 posed program or activity will supplement, not

7 supplant, similar programs and activities al8 ready available in the community;

9 ‘‘(F) describe how such program or activity

10 is coordinated with programs, activities, and

11 services available locally under part B or C of

12 this title, and under chapter 1 of subtitle B of

13 title III of the Anti-Drug Abuse Act of 1988

14 (42 U.S.C. 11801–11805);

15 ‘‘(G) certify that the applicant has re16 quested the State planning agency to review

17 and comment on such application and summa18 rize the responses of such State planning agen19 cy to such request;

20 ‘‘(H) provide that regular reports on such

21 program or activity shall be sent to the Admin22 istrator and to such State planning agency; and

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

24 fund accounting procedures as may be nec25 essary to ensure prudent use, proper disburse-
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1 ment, and accurate accounting of funds re2 ceived under this section.

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

4 grants and contracts under this section, the Admin5 istrator shall give priority to applications—

6 ‘‘(A) submitted by, or substantially involv7 ing, local educational agencies (as defined in

8 section 1471 of the Elementary and Secondary

9 Education Act of 1965 (20 U.S.C. 2891));

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

11 crimes committed by gangs whose membership

12 is composed primarily of juveniles in the geo13 graphical area in which the applicants propose

14 to carry out the programs and activities for

15 which such grants and contracts are requested;

16 and

17 ‘‘(C) for assistance for programs and ac18 tivities that—

19 ‘‘(i) are broadly supported by public

20 and private nonprofit agencies, organiza21 tions, and institutions located in such geo22 graphical area; and

23 ‘‘(ii) will substantially involve the fam24 ilies of juvenile gang members in carrying

25 out such programs or activities.
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1 ‘‘SEC. 253. COMMUNITY-BASED GANG INTERVENTION.

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

3 grants to or enter into contracts with public and private

4 nonprofit agencies, organizations, and institutions to carry

5 out programs and activities—

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

7 the illegal activities of gangs;

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

9 State, local, and community-based organizations to

10 coordinate the disruption of gangs and the prosecu11 tion of juvenile gang members and to curtail inter12 state activities of gangs; and

13 ‘‘(3) to facilitate coordination and cooperation

14 among—

15 ‘‘(A) local education, juvenile justice, em16 ployment, and social service agencies; and

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

18 proven record of effectively providing interven19 tion services to juvenile gang members for the

20 purpose of reducing the participation of juve21 niles in illegal gang activities; and

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

23 varying degrees of the seriousness of delinquent be24 havior and the corresponding gradations in the re25 sponses of the juvenile justice system in response to

26 that behavior, are designed to—
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1 ‘‘(A) encourage courts to develop and im2 plement a continuum of post-adjudication re3 straints that bridge the gap between traditional

4 probation and confinement in a correctional set5 ting (including expanded use of probation, me6 diation, restitution, community service, treat7 ment, home detention, intensive supervision,

8 electronic monitoring, boot camps and similar

9 programs, and secure community-based treat10 ment facilities linked to other support services

11 such as health, mental health, education (reme12 dial and special), job training, and recreation);

13 and

14 ‘‘(B) assist in the provision by the Admin15 istrator of information and technical assistance,

16 including technology transfer, to States in the

17 design and utilization of risk assessment mech18 anisms to aid juvenile justice personnel in de19 termining appropriate sanctions for delinquent

20 behavior.

21 ‘‘(b) ELIGIBLE PROGRAMS AND ACTIVITIES.—Pro22 grams and activities for which grants and contracts are

23 to be made under this section may include—

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

25 prosecutors, and the establishment and operation of
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1 programs, including multijurisdictional task forces,

2 for the disruption of gangs and the prosecution of

3 gang members;

4 ‘‘(2) developing within the juvenile adjudicatory

5 and correctional systems new and innovative means

6 to address the problems of juveniles convicted of se7 rious drug-related and gang-related offenses;

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

9 members of such gangs, including members who are

10 accused of committing a serious crime and members

11 who have been adjudicated as being delinquent;

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

13 lawful activities in geographical areas in which

14 gangs commit crimes;

15 ‘‘(5) expanding the availability of prevention

16 and treatment services relating to the illegal use of

17 controlled substances and controlled substances ana18 logues (as defined in paragraphs (6) and (32) of sec19 tion 102 of the Controlled Substances Act (21

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

21 and local health and social services agencies;

22 ‘‘(6) providing services to prevent juveniles

23 from coming into contact with the juvenile justice

24 system again as a result of gang-related activity; or
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1 ‘‘(7) supporting activities to inform juveniles of

2 the availability of treatment and services for which

3 financial assistance is available under this section.

4 ‘‘(c) APPROVAL OF APPLICATIONS.—

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

6 or institution desiring to receive a grant, or to enter

7 into a contract, under this section shall submit an

8 application at such time, in such manner, and con9 taining such information as the Administrator may

10 prescribe.

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

12 with guidelines established by the Administrator,

13 each application submitted under paragraph (1)

14 shall—

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

16 carrying out 1 or more of the purposes specified

17 in subsection (a) and specifically identify each

18 such purpose such program or activity is de19 signed to carry out;

20 ‘‘(B) provide that such program or activity

21 shall be administered by or under the super22 vision of the applicant;

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

24 administration of such program or activity;
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1 ‘‘(D) provide for regular evaluation of such

2 program or activity;

3 ‘‘(E) provide an assurance that the pro4 posed program or activity will supplement, not

5 supplant, similar programs and activities al6 ready available in the community;

7 ‘‘(F) describe how such program or activity

8 is coordinated with programs, activities, and

9 services available locally under part B of this

10 title and under chapter 1 of subtitle B of title

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

12 U.S.C. 11801–11805);

13 ‘‘(G) certify that the applicant has re14 quested the State planning agency to review

15 and comment on such application and summa16 rize the responses of such State planning agen17 cy to such request;

18 ‘‘(H) provide that regular reports on such

19 program or activity shall be sent to the Admin20 istrator and to such State planning agency; and

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

22 fund accounting procedures as may be nec23 essary to ensure prudent use, proper disburse24 ment, and accurate accounting of funds re25 ceived under this section.
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1 ‘‘(3) PRIORITY.—In reviewing applications for

2 grants and contracts under subsection (a), the Ad3 ministrator shall give priority to applications—

4 ‘‘(A) submitted by, or substantially involv5 ing, community-based organizations experienced

6 in providing services to juveniles;

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

8 crimes committed by gangs whose membership

9 is composed primarily of juveniles in the geo10 graphical area in which the applicants propose

11 to carry out the programs and activities for

12 which such grants and contracts are requested;

13 and

14 ‘‘(C) for assistance for programs and ac15 tivities that—

16 ‘‘(i) are broadly supported by public

17 and private nonprofit agencies, organiza18 tions, and institutions located in such geo19 graphical area; and

20 ‘‘(ii) will substantially involve the fam21 ilies of juvenile gang members in carrying

22 out such programs or activities.
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1 ‘‘SEC. 254. PRIORITY.

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

3 shall give priority to funding programs and activities de4 scribed in subsections (a)(2) and (b)(1) of section 253.

5 ‘‘PART E—DEVELOPING, TESTING, AND DEM6 ONSTRATING PROMISING NEW INITIATIVES

7 AND PROGRAMS

8 ‘‘SEC. 261. GRANTS AND PROJECTS.

9 ‘‘(a) AUTHORITY TO MAKE GRANTS.—The Adminis10 trator may make grants to, and enter into contracts with,

11 States, units of local government, Indian tribal govern12 ments, public and private agencies, organizations, and in13 dividuals, or combinations thereof, to carry out projects

14 for the development, testing, and demonstration of promis15 ing initiatives and programs for the prevention, control,

16 or reduction of juvenile delinquency. The Administrator

17 shall ensure that, to the extent reasonable and practicable,

18 such grants are made to achieve an equitable geographical

19 distribution of such projects throughout the United

20 States.

21 ‘‘(b) USE OF GRANTS.—A grant made under sub22 section (a) may be used to pay all or part of the cost of

23 the project for which such grant is made.
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1 ‘‘SEC. 262. GRANTS FOR TRAINING AND TECHNICAL ASSIST2 ANCE.

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

4 into contracts with, public and private agencies, organiza5 tions, and individuals to provide training and technical as6 sistance to States, units of local government, Indian tribal

7 governments, local private entities or agencies, or any

8 combination thereof, to carry out the projects for which

9 grants are made under section 261.

10 ‘‘SEC. 263. ELIGIBILITY.

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

12 grant or contract under this part, a public or private agen13 cy, Indian tribal government, organization, institution, in14 dividual, or combination thereof, shall submit an applica15 tion to the Administrator at such time, in such form, and

16 containing such information as the Administrator may

17 reasonably require by rule.

18 ‘‘SEC. 264. REPORTS.

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

20 contract under this part shall submit to the Administrator

21 such reports as may be reasonably requested by the Ad22 ministrator to describe progress achieved in carrying the

23 projects for which the assistance was provided.
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1 ‘‘PART F—MENTORING

2 ‘‘SEC. 271. MENTORING.

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

4 of mentors for at-risk youth—

5 ‘‘(1) reduce juvenile delinquency and gang par6 ticipation;

7 ‘‘(2) improve academic performance; and

8 ‘‘(3) reduce the dropout rate.

9 ‘‘SEC. 272. DEFINITIONS.

10 ‘‘In this part—

11 ‘‘(1) the term ‘at-risk youth’ means a youth at

12 risk of educational failure, dropping out of school, or

13 involvement in criminal or delinquent activities; and

14 ‘‘(2) the term ‘mentor’ means a person who

15 works with an at-risk youth on a one-to-one basis,

16 providing a positive role model for the youth, estab17 lishing a supportive relationship with the youth, and

18 providing the youth with academic assistance and

19 exposure to new experiences and examples of oppor20 tunity that enhance the ability of the youth to be21 come a responsible adult.

22 ‘‘SEC. 273. GRANTS.

23 ‘‘The Administrator shall, by making grants to and

24 entering into contracts with local educational agencies

25 (each of which agency shall be in partnership with a public

26 or private agency, institution, or business), establish and
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1 support programs and activities for the purpose of imple2 menting mentoring programs that—

3 ‘‘(1) are designed to link at-risk children, par4 ticularly children living in high crime areas and chil5 dren experiencing educational failure, with respon6 sible adults such as law enforcement officers, per7 sons working with local businesses, and adults work8 ing for community-based organizations and agencies;

9 and

10 ‘‘(2) are intended to achieve 1 or more of the

11 following goals:

12 ‘‘(A) Provide general guidance to at-risk

13 youth.

14 ‘‘(B) Promote personal and social respon15 sibility among at-risk youth.

16 ‘‘(C) Increase at-risk youth’s participation

17 in and enhance their ability to benefit from ele18 mentary and secondary education.

19 ‘‘(D) Discourage at-risk youth’s use of ille20 gal drugs, violence, and dangerous weapons,

21 and other criminal activity.

22 ‘‘(E) Discourage involvement of at-risk

23 youth in gangs.
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1 ‘‘(F) Encourage at-risk youth’s participa2 tion in community service and community ac3 tivities.

4 ‘‘SEC. 274. REGULATIONS AND GUIDELINES.

5 ‘‘(a) PROGRAM GUIDELINES.—The Administrator

6 shall issue program guidelines to implement this part. The

7 program guidelines shall be effective only after a period

8 for public notice and comment.

9 ‘‘(b) MODEL SCREENING GUIDELINES.—The Admin10 istrator shall develop and distribute to program partici11 pants specific model guidelines for the screening of pro12 spective program mentors.

13 ‘‘SEC. 275. USE OF GRANTS.

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

15 part shall be used to implement mentoring programs,

16 including—

17 ‘‘(1) hiring of mentoring coordinators and sup18 port staff;

19 ‘‘(2) recruitment, screening, and training of

20 adult mentors;

21 ‘‘(3) reimbursement of mentors for reasonable

22 incidental expenditures such as transportation that

23 are directly associated with mentoring; and

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

25 may reasonably prescribe by regulation.
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1 ‘‘(b) PROHIBITED USES.—Grants awarded pursuant

2 to this part shall not be used—

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

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

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

6 equipment that would otherwise be used in the ordi7 nary course of the grantee’s operations;

8 ‘‘(3) to support litigation of any kind; or

9 ‘‘(4) for any other purpose reasonably prohib10 ited by the Administrator by regulation.

11 ‘‘SEC. 276. PRIORITY.

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

13 part, the Administrator shall give priority for awarding

14 grants to applicants that—

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

16 ‘‘(2) have 60 percent or more of their youth eli17 gible to receive funds under the Elementary and

18 Secondary Education Act of 1965; and

19 ‘‘(3) have a considerable number of youth who

20 drop out of school each year.

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

22 under this part, the Administrator shall give consideration

23 to—

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

25 rural) of applications;
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1 ‘‘(2) the quality of a mentoring plan,

2 including—

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

4 dedicated to providing participating youth with

5 opportunities for job training or postsecondary

6 education; and

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

8 community-based organizations, and the local

9 community participate in the design and imple10 mentation of the mentoring plan; and

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

12 implement the mentoring plan.

13 ‘‘SEC. 277. APPLICATIONS.

14 ‘‘An application for assistance under this part shall

15 include—

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

17 served by the program;

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

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

20 ‘‘(3) an assurance that no mentor will be as21 signed to more than 1 youth, so as to ensure a one22 to-one relationship;

23 ‘‘(4) an assurance that projects operated in sec24 ondary schools will provide youth with a variety of

25 experiences and support, including—
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1 ‘‘(A) an opportunity to spend time in a

2 work environment and, when possible, partici3 pate in the work environment;

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

5 skills that will be required for youth to obtain

6 employment upon graduation;

7 ‘‘(C) assistance with homework assign8 ments; and

9 ‘‘(D) exposure to experiences that youth

10 might not otherwise encounter;

11 ‘‘(5) an assurance that projects operated in ele12 mentary schools will provide youth with—

13 ‘‘(A) academic assistance;

14 ‘‘(B) exposure to new experiences and ac15 tivities that youth might not encounter on their

16 own; and

17 ‘‘(C) emotional support;

18 ‘‘(6) an assurance that projects will be mon19 itored to ensure that each youth benefits from a

20 mentor relationship, with provision for a new mentor

21 assignment if the relationship is not beneficial to the

22 youth;

23 ‘‘(7) the method by which mentors and youth

24 will be recruited to the project;
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1 ‘‘(8) the method by which prospective mentors

2 will be screened; and

3 ‘‘(9) the training that will be provided to men4 tors.

5 ‘‘SEC. 278. GRANT CYCLES.

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

7 year period.

8 ‘‘SEC. 279. FAMILY MENTORING PROGRAM.

9 ‘‘(a) DEFINITIONS.—In this section—

10 ‘‘(1) the term ‘cooperative extension services’

11 has the meaning given that term in section 1404 of

12 the National Agricultural Research, Extension, and

13 Teaching Policy Act of 1977 (7 U.S.C. 3103);

14 ‘‘(2) the term ‘family mentoring program’

15 means a mentoring program that—

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

17 that uses college age or young adult mentors

18 working directly with at-risk youth and uses re19 tirement-age couples working with the parents

20 and siblings of at-risk youth; and

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

22 direction and advice to program administrators;

23 and

24 ‘‘(3) the term ‘qualified cooperative extension

25 service’ means a cooperative extension service that
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1 has established a family mentoring program, as of

2 the date of enactment of the Violent and Repeat Ju3 venile Offender Accountability and Rehabilitation

4 Act of 1999.

5 ‘‘(b) MODEL PROGRAM.—The Administrator, in co6 operation with the Secretary of Agriculture, shall make

7 a grant to a qualified cooperative extension service for the

8 purpose of expanding and replicating family mentoring

9 programs to reduce the incidence of juvenile crime and

10 delinquency among at-risk youth.

11 ‘‘(c) ESTABLISHMENT OF NEW FAMILY MENTORING

12 PROGRAMS.—

13 ‘‘(1) IN GENERAL.—The Administrator, in co14 operation with the Secretary of Agriculture, may

15 make 1 or more grants to cooperative extension serv16 ices for the purpose of establishing family mentoring

17 programs to reduce the incidence of juvenile crime

18 and delinquency among at-risk youth.

19 ‘‘(2) MATCHING REQUIREMENT AND SOURCE OF

20 MATCHING FUNDS.—

21 ‘‘(A) IN GENERAL.—The amount of a

22 grant under this subsection may not exceed 35

23 percent of the total costs of the program funded

24 by the grant.
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1 ‘‘(B) SOURCE OF MATCH.—Matching funds

2 for grants under this subsection may be derived

3 from amounts made available to a State under

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

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

6 the total amount derived from Federal sources

7 may not exceed 70 percent of the total cost of

8 the program funded by the grant.

9 ‘‘PART G—ADMINISTRATIVE PROVISIONS

10 ‘‘SEC. 291. AUTHORIZATION OF APPROPRIATIONS.

11 ‘‘(a) IN GENERAL.—There is authorized to be appro12 priated to carry out this title, and to carry out part R

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

14 Act of 1968 (42 U.S.C. 3796 et seq.), $1,000,000,000 for

15 each of fiscal years 1999 through 2004.

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

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

18 year—

19 ‘‘(1) $450,000,000 shall be for programs under

20 section 1801 of part R of title I of the Omnibus

21 Crime Control and Safe Streets Act of 1968 (42

22 U.S.C. 3796 et seq.);

23 ‘‘(2) $75,000,000 shall be for grants for juve24 nile criminal history records upgrades pursuant to

25 section 1802 of part R of title I of the Omnibus
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1 Crime Control and Safe Streets Act of 1968 (42

2 U.S.C. 3796 et seq.);

3 ‘‘(3) $200,000,000 shall be for programs under

4 section 205 of part A of this title;

5 ‘‘(4) $200,000,000 shall be for programs under

6 part B of this title;

7 ‘‘(5) $40,000,000 shall be for prevention pro8 grams under part C of this title, of which

9 $20,000,000 shall be for evaluation research of pri10 mary, secondary, and tertiary juvenile delinquency

11 programs;

12 ‘‘(6) $20,000,000 shall be for programs under

13 parts D and E of this title; and

14 ‘‘(7) $15,000,000 shall be for programs under

15 part F of this title, of which $3,000,000 shall be for

16 programs under section 279.

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

18 appropriated pursuant to this section may be derived from

19 the Violent Crime Reduction Trust Fund.

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

21 authorized to be appropriated for the administration and

22 operation of the Office of Juvenile Crime Control and Pre23 vention such sums as may be necessary for each of fiscal

24 years 1999 through 2004.
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1 ‘‘(e) AVAILABILITY OF FUNDS.—Amounts made

2 available pursuant to this section and allocated in accord3 ance with this title in any fiscal year shall remain available

4 until expended.

5 ‘‘SEC. 292. RELIGIOUS NONDISCRIMINATION; RESTRIC6 TIONS ON USE OF AMOUNTS; PENALTIES.

7 ‘‘(a) RELIGIOUS NONDISCRIMINATION.—The provi8 sions of section 104 of the Personal Responsibility and

9 Work Opportunity Reconciliation Act of 1996 (42 U.S.C.

10 604a) shall apply to a State or local government exercising

11 its authority to distribute grants to applicants under this

12 title.

13 ‘‘(b) RESTRICTIONS ON THE USE OF AMOUNTS.—

14 ‘‘(1) EXPERIMENTATION ON INDIVIDUALS.—

15 ‘‘(A) IN GENERAL.—No amounts made

16 available to carry out this title may be used for

17 any biomedical or behavior control experimen18 tation on individuals or any research involving

19 such experimentation.

20 ‘‘(B) DEFINITION OF BEHAVIOR CON21 TROL.—In this paragraph, the term ‘behavior

22 control’—

23 ‘‘(i) means any experimentation or re24 search employing methods that—
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1 ‘‘(I) involve a substantial risk of

2 physical or psychological harm to the

3 individual subject; and

4 ‘‘(II) are intended to modify or

5 alter criminal and other antisocial be6 havior, including aversive conditioning

7 therapy, drug therapy, chemotherapy

8 (except as part of routine clinical

9 care), physical therapy of mental dis10 orders, electroconvulsive therapy, or

11 physical punishment; and

12 ‘‘(ii) does not include a limited class

13 of programs generally recognized as involv14 ing no such risk, including methadone

15 maintenance and certain substance abuse

16 treatment programs, psychological counsel17 ing, parent training, behavior contracting,

18 survival skills training, restitution, or com19 munity service, if safeguards are estab20 lished for the informed consent of subjects

21 (including parents or guardians of minors).

22 ‘‘(2) PROHIBITION AGAINST PRIVATE AGENCY

23 USE OF AMOUNTS IN CONSTRUCTION.—

24 ‘‘(A) IN GENERAL.—No amount made

25 available to any private agency or institution, or
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1 to any individual, under this title (either di2 rectly or through a State office) may be used

3 for construction.

4 ‘‘(B) EXCEPTION.—The restriction in

5 clause (i) shall not apply to any juvenile pro6 gram in which training or experience in con7 struction or renovation is used as a method of

8 juvenile accountability or rehabilitation.

9 ‘‘(3) LOBBYING.—

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

11 subparagraph (B), no amount made available

12 under this title to any public or private agency,

13 organization or institution, or to any individual

14 shall be used to pay for any personal service,

15 advertisement, telegram, telephone communica16 tion, letter, printed or written matter, or other

17 device intended or designed to influence a Mem18 ber of Congress or any other Federal, State, or

19 local elected official to favor or oppose any Act,

20 bill, resolution, or other legislation, or any ref21 erendum, initiative, constitutional amendment,

22 or any other procedure of Congress, any State

23 legislature, any local council, or any similar

24 governing body.
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1 ‘‘(B) EXCEPTION.—This paragraph does

2 not preclude the use of amounts made available

3 under this title in connection with communica4 tions to Federal, State, or local elected officials,

5 upon the request of such officials through prop6 er official channels, pertaining to authorization,

7 appropriation, or oversight measures directly af8 fecting the operation of the program involved.

9 ‘‘(4) LEGAL ACTION.—No amounts made avail10 able under this title to any public or private agency,

11 organization, institution, or to any individual, shall

12 be used in any way directly or indirectly to file an

13 action or otherwise take any legal action against any

14 Federal, State, or local agency, institution, or em15 ployee.

16 ‘‘(c) PENALTIES.—

17 ‘‘(1) IN GENERAL.—If any amounts are used

18 for the purposes prohibited in either paragraph (3)

19 or (4) of subsection (b), or in violation of subsection

20 (a)—

21 ‘‘(A) funding for the agency, organization,

22 institution, or individual at issue shall be imme23 diately discontinued in whole or in part; and

24 ‘‘(B) the agency, organization, institution,

25 or individual using amounts for the purpose
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1 prohibited in paragraph (3) or (4) of subsection

2 (b), or in violation of subsection (a), shall be

3 liable for reimbursement of all amounts granted

4 to the individual or entity for the fiscal year for

5 which the amounts were granted.

6 ‘‘(2) LIABILITY FOR EXPENSES AND DAM7 AGES.—In relation to a violation of subsection

8 (b)(4), the individual filing the lawsuit or responsible

9 for taking the legal action against the Federal,

10 State, or local agency or institution, or individual

11 working for the Government, shall be individually

12 liable for all legal expenses and any other expenses

13 of the Government agency, institution, or individual

14 working for the Government, including damages as15 sessed by the jury against the Government agency,

16 institution, or individual working for the Govern17 ment, and any punitive damages.

18 ‘‘SEC. 293. ADMINISTRATIVE PROVISIONS.

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

20 shall be administered by the Administrator under the gen21 eral authority of the Attorney General.

22 ‘‘(b) APPLICABILITY OF CERTAIN CRIME CONTROL

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

24 812(a), 812(b), and 812(d) of the Omnibus Crime Control

25 and Safe Streets Act of 1968 (42 U.S.C. 3789d(c),
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1 3789f(a), 3789f(b), 3789f(c), 3789g(a), 3789g(b),

2 3789g(d)) shall apply with respect to the administration

3 of and compliance with this title, except that for purposes

4 of this Act—

5 ‘‘(1) any reference to the Office of Justice Pro6 grams in such sections shall be considered to be a

7 reference to the Assistant Attorney General who

8 heads the Office of Justice Programs; and

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

10 sections shall be considered to be a reference to this

11 title.

12 ‘‘(c) APPLICABILITY OF CERTAIN OTHER CRIME

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

14 of the Omnibus Crime Control and Safe Streets Act of

15 1968 (42 U.S.C. 3711(a), 3711(c), and 3787) shall apply

16 with respect to the administration of and compliance with

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

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

19 Assistant Attorney General who heads the Office of

20 Justice Programs, the Director of the National In21 stitute of Justice, the Director of the Bureau of Jus22 tice Statistics, or the Director of the Bureau of Jus23 tice Assistance shall be considered to be a reference

24 to the Administrator;
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1 ‘‘(2) any reference to the Office of Justice Pro2 grams, the Bureau of Justice Assistance, the Na3 tional Institute of Justice, or the Bureau of Justice

4 Statistics shall be considered to be a reference to the

5 Office of Juvenile Crime Control and Prevention;

6 and

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

8 sections shall be considered to be a reference to this

9 title.

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

11 The Administrator may, after appropriate consultation

12 with representatives of States and units of local govern13 ment, and an opportunity for notice and comment in ac14 cordance with subchapter II of chapter 5 of title 5, United

15 States Code, establish such rules, regulations, and proce16 dures as are necessary for the exercise of the functions

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

18 this Act.

19 ‘‘(e) WITHHOLDING.—The Administrator shall initi20 ate such proceedings as the Administrator determines to

21 be appropriate if the Administrator, after giving reason22 able notice and opportunity for hearing to a recipient of

23 financial assistance under this title, finds that—

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

25 grant or contract involved was made has been so
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1 changed that the program or activity no longer com2 plies with this title; or

3 ‘‘(2) in the operation of such program or activ4 ity there is failure to comply substantially with any

5 provision of this title.’’.

6 (b) REPEAL.—Title V of the Juvenile Justice and De7 linquency Prevention Act of 1974 (42 U.S.C. 5781 et seq.)

8 is repealed.

9 SEC. 303. RUNAWAY AND HOMELESS YOUTH.

10 (a) FINDINGS.—Section 302 of the Runaway and

11 Homeless Youth Act (42 U.S.C. 5701) is amended—

12 (1) in paragraph (5), by striking ‘‘accurate re13 porting of the problem nationally and to develop’’

14 and inserting ‘‘an accurate national reporting system

15 to report the problem, and to assist in the develop16 ment of’’; and

17 (2) by striking paragraph (8) and inserting the

18 following:

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

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

21 (b) AUTHORITY TO MAKE GRANTS FOR CENTERS

22 AND SERVICES.—Section 311 of the Runaway and Home23 less Youth Act (42 U.S.C. 5711) is amended—

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

25 following:
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1 ‘‘(a) GRANTS FOR CENTERS AND SERVICES.—

2 ‘‘(1) IN GENERAL.—The Secretary shall make

3 grants to public and nonprofit private entities (and

4 combinations of such entities) to establish and oper5 ate (including renovation) local centers to provide

6 services for runaway and homeless youth and for the

7 families of such youth.

8 ‘‘(2) Such services—

9 ‘‘(A) shall be provided as an alternative to

10 involving runaway and homeless youth in the

11 law enforcement, child welfare, mental health,

12 and juvenile justice systems;

13 ‘‘(B) shall include—

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

15 ‘‘(ii) individual, family, and group

16 counseling, as appropriate; and

17 ‘‘(C) may include—

18 ‘‘(i) street-based services;

19 ‘‘(ii) home-based services for families

20 with youth at risk of separation from the

21 family; and

22 ‘‘(iii) drug abuse education and pre23 vention services.’’;

24 (2) in subsection (b)(2), by striking ‘‘the Trust

25 Territory of the Pacific Islands,’’; and
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1 (3) by striking subsections (c) and (d).

2 (c) ELIGIBILITY.—Section 312 of the Runaway and

3 Homeless Youth Act (42 U.S.C. 5712) is amended—

4 (1) in subsection (b)—

5 (A) in paragraph (7), by striking ‘‘criminal

6 charges against’’ and inserting ‘‘criminal or de7 linquency charges against or the coordinated

8 delivery of services to’’;

9 (B) in paragraph (8), by striking ‘‘para10 graph (6)’’ and inserting ‘‘paragraph (7)’’;

11 (C) in paragraph (10), by striking ‘‘and’’

12 at the end;

13 (D) in paragraph (11), by striking the pe14 riod at the end and inserting ‘‘; and’’; and

15 (E) by adding at the end the following:

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

17 report that includes, with respect to the year for

18 which the report is submitted—

19 ‘‘(A) information regarding the activities

20 carried out under this part;

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

22 this part carried out by the applicant; and

23 ‘‘(C) statistical summaries describing—

24 ‘‘(i) the number and the characteris25 tics of the runaway and homeless youth,
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1 and youth at risk of family separation, who

2 participate in the project; and

3 ‘‘(ii) the services provided to such

4 youth by the project.’’; and

5 (2) by striking subsections (c) and (d) and in6 serting the following:

7 ‘‘(c) APPLICANTS PROVIDING STREET-BASED SERV8 ICES.—To be eligible to use assistance under section

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

11 assurances that in providing such services the applicant

12 will—

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

15 trained staff;

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

17 staff;

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

19 staff who provide such services; and

20 ‘‘(4) conduct outreach activities for runaway

21 and homeless youth, and street youth.

22 ‘‘(d) APPLICANTS PROVIDING HOME-BASED SERV23 ICES.—To be eligible to use assistance under section

24 311(a) to provide home-based services described in section

25 311(a)(2)(C)(ii), an applicant shall include in the plan re-
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1 quired by subsection (b) assurances that in providing such

2 services the applicant will—

3 ‘‘(1) provide counseling and information to

4 youth and the families (including unrelated individ5 uals in the family households) of such youth, includ6 ing services relating to basic life skills, interpersonal

7 skill building, educational advancement, job attain8 ment skills, mental and physical health care, parent9 ing skills, financial planning, and referral to sources

10 of other needed services;

11 ‘‘(2) provide directly, or through an arrange12 ment made by the applicant, 24-hour service to re13 spond to family crises (including immediate access to

14 temporary shelter for runaway and homeless youth,

15 and youth at risk of separation from the family);

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

17 of runaway and homeless youth, and youth at risk

18 of separation from the family, objectives and meas19 ures of success to be achieved as a result of receiv20 ing home-based services;

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

22 staff who provide home-based services; and

23 ‘‘(5) ensure that—

24 ‘‘(A) caseloads will remain sufficiently low

25 to allow for intensive (5 to 20 hours per week)
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1 involvement with each family receiving such

2 services; and

3 ‘‘(B) staff providing such services will re4 ceive qualified supervision.

5 ‘‘(e) APPLICANTS PROVIDING DRUG ABUSE EDU6 CATION AND PREVENTION SERVICES.—To be eligible to

7 use assistance under section 311(a)(2)(C)(iii) to provide

8 drug abuse education and prevention services, an appli9 cant shall include in the plan required by subsection (b)—

10 ‘‘(1) a description of—

11 ‘‘(A) the types of such services that the ap12 plicant proposes to provide;

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

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

15 to be provided to individuals providing such

16 services to runaway and homeless youth; and

17 ‘‘(2) an assurance that in providing such serv18 ices the applicant shall conduct outreach activities

19 for runaway and homeless youth.’’.

20 (d) APPROVAL OF APPLICATIONS.—Section 313 of

21 the Runaway and Homeless Youth Act (42 U.S.C. 5713)

22 is amended to read as follows:

23 ‘‘SEC. 313. APPROVAL OF APPLICATIONS.

24 ‘‘(a) IN GENERAL.—An application by a public or

25 private entity for a grant under section 311(a) may be
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1 approved by the Secretary after taking into consideration,

2 with respect to the State in which such entity proposes

3 to provide services under this part—

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

5 of the proposed services under this part for which all

6 grant applicants request approval; and

7 ‘‘(2) which areas of such State have the great8 est need for such services.

9 ‘‘(b) PRIORITY.—In selecting applications for grants

10 under section 311(a), the Secretary shall give priority to—

11 ‘‘(1) eligible applicants who have demonstrated

12 experience in providing services to runaway and

13 homeless youth; and

14 ‘‘(2) eligible applicants that request grants of

15 less than $200,000.’’.

16 (e) AUTHORITY FOR TRANSITIONAL LIVING GRANT

17 PROGRAM.—Section 321 of the Runaway and Homeless

18 Youth Act (42 U.S.C. 5714–1) is amended—

19 (1) in the section heading, by striking ‘‘PUR20 POSE AND’’;

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

22 (3) by striking subsection (b).

23 (f) ELIGIBILITY.—Section 322(a)(9) of the Runaway

24 and Homeless Youth Act (42 U.S.C. 5714–2(a)(9)) is
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1 amended by inserting ‘‘, and the services provided to such

2 youth by such project,’’ after ‘‘such project’’.

3 (g) COORDINATION.—Section 341 of the Runaway

4 and Homeless Youth Act (42 U.S.C. 5714–21) is amended

5 to read as follows:

6 ‘‘SEC. 341. COORDINATION.

7 ‘‘With respect to matters relating to the health, edu8 cation, employment, and housing of runaway and homeless

9 youth, the Secretary—

10 (1) through the Administrator of the Office of

11 Juvenile Crime Control and Prevention, shall coordi12 nate the activities of agencies of the Department of

13 Health and Human Services with activities under

14 any other Federal juvenile crime control, prevention,

15 and juvenile offender accountability program and

16 with the activities of other Federal entities; and

17 (2) shall coordinate the activities of agencies of

18 the Department of Health and Human Services with

19 the activities of other Federal entities and with the

20 activities of entities that are eligible to receive

21 grants under this title.’’.

22 (h) AUTHORITY TO MAKE GRANTS FOR RESEARCH,

23 EVALUATION, DEMONSTRATION, AND SERVICE

24 PROJECTS.—Section 343 of the Runaway and Homeless

25 Youth Act (42 U.S.C. 5714–23) is amended—
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1 (1) in the section heading, by inserting ‘‘EVAL2 UATION,’’ after ‘‘RESEARCH,’’;

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

4 after ‘‘research,’’; and

5 (3) in subsection (b)—

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

7 (B) by redesignating paragraphs (3)

8 through (10) as paragraphs (2) through (9), re9 spectively.

10 (i) ASSISTANCE TO POTENTIAL GRANTEES.—Section

11 371 of the Runaway and Homeless Youth Act (42 U.S.C.

12 5714a) is amended by striking the last sentence.

13 (j) REPORTS.—Section 381 of the Runaway and

14 Homeless Youth Act (42 U.S.C. 5715) is amended to read

15 as follows:

16 ‘‘SEC. 381. REPORTS.

17 ‘‘(a) IN GENERAL.—Not later than April 1, 1999,

18 and biennially thereafter, the Secretary shall submit, to

19 the Committee on Education and the Workforce of the

20 House of Representatives and the Committee on the Judi21 ciary of the Senate, a report on the status, activities, and

22 accomplishments of entities that receive grants under

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

24 ‘‘(1) in the case of centers funded under part

25 A, the ability or effectiveness of such centers in—
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1 ‘‘(A) alleviating the problems of runaway

2 and homeless youth;

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

4 such youth with their families and encouraging

5 the resolution of intrafamily problems through

6 counseling and other services;

7 ‘‘(C) strengthening family relationships

8 and encouraging stable living conditions for

9 such youth; and

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

11 future course of action; and

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

13 B—

14 ‘‘(A) the number and characteristics of

15 homeless youth served by such projects;

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

17 such projects;

18 ‘‘(C) the effectiveness of such projects in

19 alleviating the problems of homeless youth;

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

21 preparing homeless youth for self-sufficiency;

22 ‘‘(E) the effectiveness of such projects in

23 assisting homeless youth to decide upon future

24 education, employment, and independent living;
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1 ‘‘(F) the ability of such projects to encour2 age the resolution of intrafamily problems

3 through counseling and development of self-suf4 ficient living skills; and

5 ‘‘(G) activities and programs planned by

6 such projects for the following fiscal year.

7 ‘‘(b) CONTENTS OF REPORTS.—The Secretary shall

8 include in each report submitted under subsection (a),

9 summaries of—

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

11 under section 386; and

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

13 training provided to, individuals involved in carrying

14 out such evaluations.’’.

15 (k) REPORTS.—Section 383 of the Runaway and

16 Homeless Youth Act (42 U.S.C. 5731) is amended by

17 striking ‘‘Records’’ and inserting ‘‘Except for the purposes

18 of the disposition of criminal or delinquency charges

19 against or the coordinated delivery of services to individual

20 youths, records’’.

21 (l) EVALUATION.—Section 384 of the Runaway and

22 Homeless Youth Act (42 U.S.C. 5732) is amended to read

23 as follows:
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1 ‘‘SEC. 384. EVALUATION AND INFORMATION.

2 ‘‘(a) IN GENERAL.—If a grantee receives grants for

3 3 consecutive fiscal years under part A, B, C, D, or E

4 (in the alternative), then the Secretary shall evaluate such

5 grantee on-site, not less frequently than once in the period

6 of such 3 consecutive fiscal years, for purposes of—

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

8 used for the purposes for which such grants are

9 made by the Secretary;

10 ‘‘(2) collecting additional information for the re11 port required by section 383; and

12 ‘‘(3) providing such information and assistance

13 to such grantee as will enable such grantee to im14 prove the operation of the centers, projects, and ac15 tivities for which such grants are made.

16 ‘‘(b) COOPERATION.—Recipients of grants under this

17 title shall cooperate with the Secretary’s efforts to carry

18 out evaluations, and to collect information, under this

19 title.’’.

20 (m) AUTHORIZATION OF APPROPRIATIONS.—Section

21 385 of the Runaway and Homeless Youth Act (42 U.S.C.

22 5751) is amended to read as follows:

23 ‘‘SEC. 389. AUTHORIZATION OF APPROPRIATIONS.

24 ‘‘(a) IN GENERAL.—

25 ‘‘(1) AUTHORIZATION.—There is authorized to

26 be appropriated to carry out this title (other than
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1 part E) such sums as may be necessary for fiscal

2 years 1999, 2000, 2001, 2002, 2003, and 2004.

3 ‘‘(2) ALLOCATION.—

4 ‘‘(A) PARTS A AND B.—From the amount

5 appropriated under paragraph (1) for a fiscal

6 year, the Secretary shall reserve not less than

7 90 percent to carry out parts A and B.

8 ‘‘(B) PART B.—Of the amount reserved

9 under subparagraph (A), not less than 20 per10 cent, and not more than 30 percent, shall be re11 served to carry out part B.

12 ‘‘(3) PARTS C AND D.—In each fiscal year,

13 after reserving the amounts required by paragraph

14 (2), the Secretary shall use the remaining amount

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

16 ‘‘(b) SEPARATE IDENTIFICATION REQUIRED.—

17 No funds appropriated to carry out this title may be

18 combined with funds appropriated under any other

19 Act if the purpose of combining such funds is to

20 make a single discretionary grant, or a single discre21 tionary payment, unless such funds are separately

22 identified in all grants and contracts and are used

23 for the purposes specified in this title.’’.

24 (n) SEXUAL ABUSE PREVENTION PROGRAM.—
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1 (1) AUTHORITY FOR PROGRAM.—The Runaway

2 and Homeless Youth Act (42 U.S.C. 5701 et seq.)

3 is amended—

4 (A) by striking the heading for part F;

5 (B) by redesignating part E as part F; and

6 (C) by inserting after part D the following:

7 ‘‘PART E—SEXUAL ABUSE PREVENTION

8 PROGRAM

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

10 ‘‘(a) IN GENERAL.—The Secretary may make grants

11 to nonprofit private agencies for the purpose of providing

12 street-based services to runaway and homeless, and street

13 youth, who have been subjected to, or are at risk of being

14 subjected to, sexual abuse, prostitution, or sexual exploi15 tation.

16 ‘‘(b) PRIORITY.—In selecting applicants to receive

17 grants under subsection (a), the Secretary shall give prior18 ity to nonprofit private agencies that have experience in

19 providing services to runaway and homeless, and street

20 youth.’’.

21 (2) AUTHORIZATION OF APPROPRIATIONS.—

22 Section 389(a) of the Runaway and Homeless Youth

23 Act (42 U.S.C. 5751), as amended by subsection

24 (m) of this section, is amended by adding at the end

25 the following:
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1 ‘‘(4) PART E.—There is authorized to be appro2 priated to carry out part E such sums as may be necessary

3 for fiscal years 1999, 2000, 2001, 2002, 2003, and

4 2004.’’.

5 (o) CONSOLIDATED REVIEW OF APPLICATIONS.—

6 The Runaway and Homeless Youth Act (42 U.S.C. 5701

7 et seq.) is amended by inserting after section 384 the fol8 lowing:

9 ‘‘SEC. 385. CONSOLIDATED REVIEW OF APPLICATIONS.

10 ‘‘With respect to funds available to carry out parts

11 A, B, C, D, and E, nothing in this title shall be construed

12 to prohibit the Secretary from—

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

14 availability of funds for grants under 2 or more of

15 such parts; and

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

17 or more of such parts in a single, consolidated appli18 cation review process.’’.

19 (p) DEFINITIONS.—The Runaway and Homeless

20 Youth Act (42 U.S.C. 5701 et seq.) is amended by insert21 ing after section 385, as added by subsection (o) of this

22 section, the following:

23 ‘‘SEC. 386. DEFINITIONS.

24 ‘‘In this title:
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1 ‘‘(1) DRUG ABUSE EDUCATION AND PREVEN2 TION SERVICES.—The term ‘drug abuse education

3 and prevention services’—

4 ‘‘(A) means services to runaway and home5 less youth to prevent or reduce the illicit use of

6 drugs by such youth; and

7 ‘‘(B) may include—

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

9 peer counseling;

10 ‘‘(ii) drop-in services;

11 ‘‘(iii) assistance to runaway and

12 homeless youth in rural areas (including

13 the development of community support

14 groups);

15 ‘‘(iv) information and training relating

16 to the illicit use of drugs by runaway and

17 homeless youth, to individuals involved in

18 providing services to such youth; and

19 ‘‘(v) activities to improve the availabil20 ity of local drug abuse prevention services

21 to runaway and homeless youth.

22 ‘‘(2) HOME-BASED SERVICES.—The term

23 ‘home-based services’—

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

25 their families for the purpose of—
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1 ‘‘(i) preventing such youth from run2 ning away, or otherwise becoming sepa3 rated, from their families; and

4 ‘‘(ii) assisting runaway youth to re5 turn to their families; and

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

7 the residences of families (to the extent prac8 ticable), including—

9 ‘‘(i) intensive individual and family

10 counseling; and

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

12 parenting.

13 ‘‘(3) HOMELESS YOUTH.—The term ‘homeless

14 youth’ means an individual—

15 ‘‘(A) who is—

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

17 and

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

19 less than 16 years of age;

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

21 a safe environment with a relative; and

22 ‘‘(C) who has no other safe alternative liv23 ing arrangement.

24 ‘‘(4) STREET-BASED SERVICES.—The term

25 ‘street-based services’—
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1 ‘‘(A) means services provided to runaway

2 and homeless youth, and street youth, in areas

3 where they congregate, designed to assist such

4 youth in making healthy personal choices re5 garding where they live and how they behave;

6 and

7 ‘‘(B) may include—

8 ‘‘(i) identification of and outreach to

9 runaway and homeless youth, and street

10 youth;

11 ‘‘(ii) crisis intervention and counsel12 ing;

13 ‘‘(iii) information and referral for

14 housing;

15 ‘‘(iv) information and referral for

16 transitional living and health care services;

17 ‘‘(v) advocacy, education, and preven18 tion services related to—

19 ‘‘(I) alcohol and drug abuse;

20 ‘‘(II) sexual exploitation;

21 ‘‘(III) sexually transmitted dis22 eases, including human immuno23 deficiency virus (HIV); and

24 ‘‘(IV) physical and sexual as25 sault.
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1 ‘‘(5) STREET YOUTH.—The term ‘street youth’

2 means an individual who—

3 ‘‘(A) is—

4 ‘‘(i) a runaway youth; or

5 ‘‘(ii) indefinitely or intermittently a

6 homeless youth; and

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

8 on the street or in other areas that increase the

9 risk to such youth for sexual abuse, sexual ex10 ploitation, prostitution, or drug abuse.

11 ‘‘(6) TRANSITIONAL LIVING YOUTH PROJECT.—

12 The term ‘transitional living youth project’ means a

13 project that provides shelter and services designed to

14 promote a transition to self-sufficient living and to

15 prevent long-term dependency on social services.

16 ‘‘(7) YOUTH AT RISK OF SEPARATION FROM

17 THE FAMILY.—The term ‘youth at risk of separation

18 from the family’ means an individual—

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

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

21 from the family of such individual;

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

23 is not willing to provide for the basic needs of

24 such individual; or
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1 ‘‘(iii) who is at risk of entering the child

2 welfare system or juvenile justice system as a

3 result of the lack of services available to the

4 family to meet such needs.’’.

5 (q) REDESIGNATION OF SECTIONS.—Sections 371,

6 372, 381, 382, 383, 384, 385, and 386 of the Runaway

7 and Homeless Youth Act (42 U.S.C. 5714b–5851 et seq.),

8 as amended by this title, are redesignated as sections 381,

9 382, 383, 384, 385, 386, 387, and 388, respectively.

10 (r) TECHNICAL AMENDMENT.—Section 331 of the

11 Runaway and Homeless Youth Act (42 U.S.C. 5701 et

12 seq.) is amended in the first sentence by striking ‘‘With’’

13 and all that follows through ‘‘the Secretary’’, and inserting

14 ‘‘The Secretary’’.

15 SEC. 304. NATIONAL CENTER FOR MISSING AND EXPLOITED

16 CHILDREN.

17 (a) FINDINGS.—Section 402 of the Missing Chil18 dren’s Assistance Act (42 U.S.C. 5771) is amended—

19 (1) in paragraph (7), by striking ‘‘and’’ at the

20 end;

21 (2) in paragraph (8), by striking the period at

22 the end and inserting ‘‘; and’’; and

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

24 ‘‘(9) for 14 years, the National Center for Miss25 ing and Exploited Children has—
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1 ‘‘(A) served as the national resource center

2 and clearinghouse congressionally mandated

3 under the provisions of the Missing Children’s

4 Assistance Act of 1984; and

5 ‘‘(B) worked in partnership with the De6 partment of Justice, the Federal Bureau of In7 vestigation, the Department of the Treasury,

8 the Department of State, and many other agen9 cies in the effort to find missing children and

10 prevent child victimization;

11 ‘‘(10) Congress has given the Center, which is

12 a private non-profit corporation, access to the Na13 tional Crime Information Center of the Federal Bu14 reau of Investigation, and the National Law En15 forcement Telecommunications System;

16 ‘‘(11) since 1987, the Center has operated the

17 National Child Pornography Tipline, in conjunction

18 with the United States Customs Service and the

19 United States Postal Inspection Service and, begin20 ning this year, the Center established a new

21 CyberTipline on child exploitation, thus becoming

22 ‘the 911 for the Internet’;

23 ‘‘(12) in light of statistics that time is of the es24 sence in cases of child abduction, the Director of the

25 Federal Bureau of Investigation in February of
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1 1997 created a new NCIC child abduction (‘CA’)

2 flag to provide the Center immediate notification in

3 the most serious cases, resulting in 642 ‘CA’ notifi4 cations to the Center and helping the Center to have

5 its highest recovery rate in history;

6 ‘‘(13) the Center has established a national and

7 increasingly worldwide network, linking the Center

8 online with each of the missing children clearing9 houses operated by the 50 States, the District of Co10 lumbia, and Puerto Rico, as well as with Scotland

11 Yard in the United Kingdom, the Royal Canadian

12 Mounted Police, INTERPOL headquarters in Lyon,

13 France, and others, which has enabled the Center to

14 transmit images and information regarding missing

15 children to law enforcement across the United States

16 and around the world instantly;

17 ‘‘(14) from its inception in 1984 through March

18 31, 1998, the Center has—

19 ‘‘(A) handled 1,203,974 calls through its

20 24-hour toll-free hotline (1-800-THE-LOST)

21 and currently averages 700 calls per day;

22 ‘‘(B) trained 146,284 law enforcement,

23 criminal and juvenile justice, and healthcare

24 professionals in child sexual exploitation and
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1 missing child case detection, identification, in2 vestigation, and prevention;

3 ‘‘(C) disseminated 15,491,344 free publica4 tions to citizens and professionals; and

5 ‘‘(D) worked with law enforcement on the

6 cases of 59,481 missing children, resulting in

7 the recovery of 40,180 children;

8 ‘‘(15) the demand for the services of the Center

9 is growing dramatically, as evidenced by the fact

10 that in 1997, the Center handled 129,100 calls, an

11 all-time record, and by the fact that its new Internet

12 website (www.missingkids.com) receives 1,500,000

13 ‘hits’ every day, and is linked with hundreds of other

14 websites to provide real-time images of breaking

15 cases of missing children;

16 ‘‘(16) in 1997, the Center provided policy train17 ing to 256 police chiefs and sheriffs from 50 States

18 and Guam at its new Jimmy Ryce Law Enforcement

19 Training Center;

20 ‘‘(17) the programs of the Center have had a

21 remarkable impact, such as in the fight against in22 fant abductions in partnership with the healthcare

23 industry, during which the Center has performed

24 668 onsite hospital walk-throughs and inspections,

25 and trained 45,065 hospital administrators, nurses,
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1 and security personnel, and thereby helped to reduce

2 infant abductions in the United States by 82 per3 cent;

4 ‘‘(18) the Center is now playing a significant

5 role in international child abduction cases, serving as

6 a representative of the Department of State at cases

7 under The Hague Convention, and successfully re8 solving the cases of 343 international child abduc9 tions, and providing greater support to parents in

10 the United States;

11 ‘‘(19) the Center is a model of public/private

12 partnership, raising private sector funds to match

13 congressional appropriations and receiving extensive

14 private in-kind support, including advanced tech15 nology provided by the computer industry such as

16 imaging technology used to age the photographs of

17 long-term missing children and to reconstruct facial

18 images of unidentified deceased children;

19 ‘‘(20) the Center was 1 of only 10 of 300 major

20 national charities given an A+ grade in 1997 by the

21 American Institute of Philanthropy; and

22 ‘‘(21) the Center has been redesignated as the

23 Nation’s missing children clearinghouse and resource

24 center once every 3 years through a competitive se25 lection process conducted by the Office of Juvenile
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1 Justice and Delinquency Prevention of the Depart2 ment of Justice, and has received grants from that

3 Office to conduct the crucial purposes of the Cen4 ter.’’.

5 (b) DEFINITIONS.—Section 403 of the Missing Chil6 dren’s Assistance Act (42 U.S.C. 5772) is amended—

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

8 end;

9 (2) in paragraph (2), by striking the period at

10 the end and inserting ‘‘; and’’; and

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

12 ‘‘(3) the term ‘Center’ means the National Cen13 ter for Missing and Exploited Children.’’.

14 (c) DUTIES AND FUNCTIONS OF THE ADMINIS15 TRATOR.—Section 404 of the Missing Children’s Assist16 ance Act (42 U.S.C. 5773) is amended—

17 (1) by redesignating subsection (c) as sub18 section (d); and

19 (2) by striking subsection (b) and inserting the

20 following:

21 ‘‘(b) ANNUAL GRANT TO NATIONAL CENTER FOR

22 MISSING AND EXPLOITED CHILDREN.—

23 ‘‘(1) IN GENERAL.—The Administrator shall

24 annually make a grant to the National Center for
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1 Missing and Exploited Children, which shall be used

2 to—

3 ‘‘(A)(i) operate a national 24-hour toll-free

4 telephone line by which individuals may report

5 information regarding the location of any miss6 ing child, or other child 13 years of age or

7 younger whose whereabouts are unknown to

8 such child’s legal custodian, and request infor9 mation pertaining to procedures necessary to

10 reunite such child with such child’s legal custo11 dian; and

12 ‘‘(ii) coordinate the operation of such tele13 phone line with the operation of the national

14 communications system referred to in part C of

15 the Runaway and Homeless Youth Act (42

16 U.S.C. 5714–11);

17 ‘‘(B) operate the official national resource

18 center and information clearinghouse for miss19 ing and exploited children;

20 ‘‘(C) provide to State and local govern21 ments, public and private nonprofit agencies,

22 and individuals, information regarding—

23 ‘‘(i) free or low-cost legal, restaurant,

24 lodging, and transportation services that
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1 are available for the benefit of missing and

2 exploited children and their families; and

3 ‘‘(ii) the existence and nature of pro4 grams being carried out by Federal agen5 cies to assist missing and exploited chil6 dren and their families;

7 ‘‘(D) coordinate public and private pro8 grams that locate, recover, or reunite missing

9 children with their families;

10 ‘‘(E) disseminate, on a national basis, in11 formation relating to innovative and model pro12 grams, services, and legislation that benefit

13 missing and exploited children;

14 ‘‘(F) provide technical assistance and

15 training to law enforcement agencies, State and

16 local governments, elements of the criminal jus17 tice system, public and private nonprofit agen18 cies, and individuals in the prevention, inves19 tigation, prosecution, and treatment of cases in20 volving missing and exploited children; and

21 ‘‘(G) provide assistance to families and law

22 enforcement agencies in locating and recovering

23 missing and exploited children, both nationally

24 and internationally.
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1 ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.—

2 There is authorized to be appropriated to the Ad3 ministrator to carry out this subsection,

4 $10,000,000 for each of fiscal years 1999, 2000,

5 2001, 2002, 2003, and 2004.

6 ‘‘(c) NATIONAL INCIDENCE STUDIES.—The Adminis7 trator, either by making grants to or entering into con8 tracts with public agencies or nonprofit private agencies,

9 shall—

10 ‘‘(1) periodically conduct national incidence

11 studies to determine for a given year the actual

12 number of children reported missing each year, the

13 number of children who are victims of abduction by

14 strangers, the number of children who are the vic15 tims of parental kidnapings, and the number of chil16 dren who are recovered each year; and

17 ‘‘(2) provide to State and local governments,

18 public and private nonprofit agencies, and individ19 uals information to facilitate the lawful use of school

20 records and birth certificates to identify and locate

21 missing children.’’.

22 (d) NATIONAL CENTER FOR MISSING AND EX23 PLOITED CHILDREN.—Section 405(a) of the Missing Chil24 dren’s Assistance Act (42 U.S.C. 5775(a)) is amended by
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1 inserting ‘‘the National Center for Missing and Exploited

2 Children and with’’ before ‘‘public agencies’’.

3 (e) AUTHORIZATION OF APPROPRIATIONS.—Section

4 408 of the Missing Children’s Assistance Act (42 U.S.C.

5 5777) is amended by striking ‘‘1997 through 2001’’ and

6 inserting ‘‘1999 through 2004’’.

7 (f) REPEAL OF OBSOLETE REPORTING REQUIRE8 MENTS.—Section 409 of the Missing Children’s Assistance

9 Act (42 U.S.C. 5778) is repealed.

10 SEC. 305. TRANSFER OF FUNCTIONS AND SAVINGS PROVI11 SIONS.

12 (a) DEFINITIONS.—In this section, unless otherwise

13 provided or indicated by the context:

14 (1) ADMINISTRATOR.—The term ‘‘Adminis15 trator’’ means the Administrator of the Office of Ju16 venile Crime Control and Prevention established by

17 operation of subsection (b).

18 (2) ADMINISTRATOR OF THE OFFICE.—The

19 term ‘‘Administrator of the Office’’ means the Ad20 ministrator of the Office of Juvenile Justice and De21 linquency Prevention.

22 (3) BUREAU OF JUSTICE ASSISTANCE.—The

23 term ‘‘Bureau of Justice Assistance’’ means the bu24 reau established under section 401 of title I of the
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1 Omnibus Crime Control and Safe Streets Act of

2 1968.

3 (4) FEDERAL AGENCY.—The term ‘‘Federal

4 agency’’ has the meaning given the term ‘‘agency’’

5 by section 551(1) of title 5, United States Code.

6 (5) FUNCTION.—The term ‘‘function’’ means

7 any duty, obligation, power, authority, responsibility,

8 right, privilege, activity, or program.

9 (6) OFFICE OF JUVENILE CRIME CONTROL AND

10 PREVENTION.—The term ‘‘Office of Juvenile Crime

11 Control and Prevention’’ means the office estab12 lished by operation of subsection (b).

13 (7) OFFICE OF JUVENILE JUSTICE AND DELIN14 QUENCY PREVENTION.—The term ‘‘Office of Juve15 nile Justice and Delinquency Prevention’’ means the

16 Office of Juvenile Justice and Delinquency Preven17 tion of the Department of Justice, established by

18 section 201 of the Juvenile Justice and Delinquency

19 Prevention Act of 1974, as in effect on the day be20 fore the date of enactment of this Act.

21 (8) OFFICE.—The term ‘‘office’’ includes any

22 office, administration, agency, institute, unit, organi23 zational entity, or component thereof.

24 (b) TRANSFER OF FUNCTIONS.—There are trans25 ferred to the Office of Juvenile Crime Control and Preven-
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1 tion all functions that the Administrator of the Office ex2 ercised before the date of enactment of this Act (including

3 all related functions of any officer or employee of the Of4 fice of Juvenile Justice and Delinquency Prevention), and

5 authorized after the date of enactment of this Act, relating

6 to carrying out the Juvenile Justice and Delinquency Pre7 vention Act of 1974.

8 (c) TRANSFER AND ALLOCATIONS OF APPROPRIA9 TIONS AND PERSONNEL.—

10 (1) IN GENERAL.—Except as otherwise pro11 vided in this section, the personnel employed in con12 nection with, and the assets, liabilities, contracts,

13 property, records, and unexpended balances of ap14 propriations, authorizations, allocations, and other

15 amounts employed, used, held, arising from, avail16 able to, or to be made available in connection with

17 the functions transferred by this section, subject to

18 section 1531 of title 31, United States Code, shall

19 be transferred to the Office of Juvenile Crime Con20 trol and Prevention.

21 (2) UNEXPENDED AMOUNTS.—Any unexpended

22 amounts transferred pursuant to this subsection

23 shall be used only for the purposes for which the

24 amounts were originally authorized and appro25 priated.
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1 (d) INCIDENTAL TRANSFERS.—

2 (1) IN GENERAL.—The Director of the Office of

3 Management and Budget, at such time or times as

4 the Director of that Office shall provide, may make

5 such determinations as may be necessary with re6 gard to the functions transferred by this section, and

7 to make such additional incidental dispositions of

8 personnel, assets, liabilities, grants, contracts, prop9 erty, records, and unexpended balances of appropria10 tions, authorizations, allocations, and other amounts

11 held, used, arising from, available to, or to be made

12 available in connection with such functions, as may

13 be necessary to carry out this section.

14 (2) TERMINATION OF AFFAIRS.—The Director

15 of the Office of Management and Budget shall pro16 vide for the termination of the affairs of all entities

17 terminated by this section and for such further

18 measures and dispositions as may be necessary to ef19 fectuate the purposes of this section.

20 (e) EFFECT ON PERSONNEL.—

21 (1) IN GENERAL.—Except as otherwise pro22 vided by this section, the transfer pursuant to this

23 section of full-time personnel (except special Govern24 ment employees) and part-time personnel holding

25 permanent positions shall not cause any such em-
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1 ployee to be separated or reduced in grade or com2 pensation for 1 year after the date of transfer of

3 such employee under this section.

4 (2) EXECUTIVE SCHEDULE POSITIONS.—Except

5 as otherwise provided in this section, any person

6 who, on the day before the date of enactment of this

7 Act, held a position compensated in accordance with

8 the Executive Schedule prescribed in chapter 53 of

9 title 5, United States Code, and who, without a

10 break in service, is appointed in the Office of Juve11 nile Crime Control and Prevention to a position hav12 ing duties comparable to the duties performed imme13 diately preceding such appointment shall continue to

14 be compensated in such new position at not less

15 than the rate provided for such previous position, for

16 the duration of the service of such person in such

17 new position.

18 (3) TRANSITION RULE.—The incumbent Ad19 ministrator of the Office as of the date immediately

20 preceding the date of enactment of this Act shall

21 continue to serve as Administrator after the date of

22 enactment of this Act until such time as the incum23 bent resigns, is relieved of duty by the President, or

24 an Administrator is appointed by the President, by

25 and with the advice and consent of the Senate.
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1 (f) SAVINGS PROVISIONS.—

2 (1) CONTINUING EFFECT OF LEGAL DOCU3 MENTS.—All orders, determinations, rules, regula4 tions, permits, agreements, grants, contracts, certifi5 cates, licenses, registrations, privileges, and other

6 administrative actions—

7 (A) that have been issued, made, granted,

8 or allowed to become effective by the President,

9 any Federal agency or official thereof, or by a

10 court of competent jurisdiction, in the perform11 ance of functions that are transferred under

12 this section; and

13 (B) that are in effect at the time this sec14 tion takes effect, or were final before the date

15 of enactment of this Act and are to become ef16 fective on or after the date of enactment of this

17 Act, shall continue in effect according to their

18 terms until modified, terminated, superseded,

19 set aside, or revoked in accordance with law by

20 the President, the Administrator, or other au21 thorized official, a court of competent jurisdic22 tion, or by operation of law.

23 (2) PROCEEDINGS NOT AFFECTED.—

24 (A) IN GENERAL.—This section shall not

25 affect any proceedings, including notices of pro-
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•S 254 PCS

1 posed rulemaking, or any application for any li2 cense, permit, certificate, or financial assistance

3 pending before the Office of Juvenile Justice

4 and Delinquency Prevention on the date on

5 which this section takes effect, with respect to

6 functions transferred by this section but such

7 proceedings and applications shall be continued.

8 (B) ORDERS; APPEALS; PAYMENTS.—Or9 ders shall be issued in such proceedings, ap10 peals shall be taken therefrom, and payments

11 shall be made pursuant to such orders, as if

12 this section had not been enacted, and orders

13 issued in any such proceedings shall continue in

14 effect until modified, terminated, superseded, or

15 revoked by a duly authorized official, by a court

16 of competent jurisdiction, or by operation of

17 law.

18 (C) DISCONTINUANCE OR MODIFICA19 TION.—Nothing in this paragraph shall be con20 strued to prohibit the discontinuance or modi21 fication of any such proceeding under the same

22 terms and conditions and to the same extent

23 that such proceeding could have been discon24 tinued or modified if this paragraph had not

25 been enacted.
219

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1 (3) SUITS NOT AFFECTED.—This section shall

2 not affect suits commenced before the date of enact3 ment of this Act, and in all such suits, proceedings

4 shall be had, appeals taken, and judgments rendered

5 in the same manner and with the same effect as if

6 this section had not been enacted.

7 (4) NONABATEMENT OF ACTIONS.—No suit, ac8 tion, or other proceeding commenced by or against

9 the Office of Juvenile Justice and Delinquency Pre10 vention, or by or against any individual in the offi11 cial capacity of such individual as an officer of the

12 Office of Juvenile Justice and Delinquency Preven13 tion, shall abate by reason of the enactment of this

14 section.

15 (5) ADMINISTRATIVE ACTIONS RELATING TO

16 PROMULGATION OF REGULATIONS.—Any administra17 tive action relating to the preparation or promulga18 tion of a regulation by the Office of Juvenile Justice

19 and Delinquency Prevention relating to a function

20 transferred under this section may be continued, to

21 the extent authorized by this section, by the Office

22 of Juvenile Crime Control and Prevention with the

23 same effect as if this section had not been enacted.

24 (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 prosecutors, ju4 venile public defenders, juvenile judges, juvenile

5 probation officers, and juvenile correctional offi6 cers to implement policies to control juvenile

7 crime and ensure accountability of juvenile of8 fenders; 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;
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1 ‘‘(3) for programs that require juvenile offend2 ers to attend and successfully complete school or vo3 cational training as part of a sentence imposed by

4 a court;

5 ‘‘(4) for programs that require juvenile offend6 ers who are parents to demonstrate parental respon7 sibility by working and paying child support;

8 ‘‘(5) for programs that seek to curb or punish

9 truancy;

10 ‘‘(6) for programs designed to collect, record,

11 retain, and disseminate information useful in the

12 identification, prosecution, and sentencing of juvenile

13 offenders, such as criminal history information, fin14 gerprints, DNA tests, and ballistics tests;

15 ‘‘(7) for the development and implementation of

16 coordinated multijurisdictional or multiagency pro17 grams for the identification, control, supervision,

18 prevention, investigation, and treatment of the most

19 serious juvenile offenses and offenders, popularly

20 known as a ‘SHOCAP Program’ (Serious Habitual

21 Offenders Comprehensive Action Program);

22 ‘‘(8) for the development and implementation of

23 coordinated multijurisdictional or multiagency pro24 grams for the identification, control, supervision,
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1 prevention, investigation, and disruption of youth

2 gangs;

3 ‘‘(9) for the construction or remodeling of

4 short- and long-term facilities for juvenile offenders;

5 ‘‘(10) for the development and implementation

6 of technology, equipment, training programs for ju7 venile crime control, for law enforcement officers,

8 judges, prosecutors, probation officers, and other

9 court personnel who are employed by State and local

10 governments, in furtherance of the purposes identi11 fied in this section; and

12 ‘‘(11) for programs to seek to target, curb, and

13 punish adults who knowingly and intentionally use a

14 juvenile during the commission or attempted com15 mission of a crime, including programs that specifi16 cally provide for additional punishments or sentence

17 enhancements for adults who knowingly and inten18 tionally use a juvenile during the commission or at19 tempted commission of a crime.

20 ‘‘(c) REQUIREMENTS.—To be eligible to receive an in21 centive grant under this section, a State shall submit to

22 the Attorney General an application, in such form as shall

23 be prescribed by the Attorney General, which shall contain

24 assurances that, not later than 1 year after the date on

25 which the State submits such application—
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1 ‘‘(1) the State has established or will establish

2 a system of graduated sanctions for juvenile offend3 ers that ensures appropriate sanctions, which are

4 graduated to reflect the severity or repeated nature

5 of violations, for each act of delinquency;

6 ‘‘(2) the State has established or will establish

7 a policy of drug testing (including followup testing)

8 juvenile offenders upon their arrest for any offense

9 within an appropriate category of offenses des10 ignated by the chief executive officer of the State;

11 and

12 ‘‘(3) the State has an established policy rec13 ognizing the rights and needs of victims of crimes

14 committed by juveniles.

15 ‘‘(d) ALLOCATION AND DISTRIBUTION OF STATE

16 GRANTS.—

17 ‘‘(1) IN GENERAL.—

18 ‘‘(A) STATE AND LOCAL DISTRIBUTION.—

19 Subject to subparagraph (B), of amounts made

20 available to the State, 30 percent may be re21 tained by the State for use pursuant to para22 graph (2) and 70 percent shall be reserved by

23 the State for local distribution pursuant to

24 paragraph (3).
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1 ‘‘(B) SPECIAL RULE.—The Attorney Gen2 eral may waive the requirements of this para3 graph with respect to any State in which the

4 criminal and juvenile justice services for delin5 quent or other youth are organized primarily on

6 a statewide basis, in which case not more than

7 50 percent of funds shall be made available to

8 all units of local government in that State pur9 suant to paragraph (3).

10 ‘‘(2) OTHER DISTRIBUTION.—Of amounts re11 tained by the State under paragraph (1) not less

12 than 50 percent shall be designated for—

13 ‘‘(A) programs pursuant to paragraph (1)

14 or (9) of subsection (b), except that if the State

15 designates any amounts for purposes of con16 struction or remodeling of short- or long-term

17 facilities pursuant to subsection (b)(9), such

18 amounts shall constitute not more than 50 per19 cent of the estimated construction or remodel20 ing cost and that no funds expended pursuant

21 to this subparagraph may be used for the incar22 ceration of any offender who was more than 21

23 years of age at the time of the offense, and no

24 funds expended pursuant to this subparagraph

25 may be used for construction, renovation, or ex-
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1 pansion of facilities for such offenders, except

2 that funds may be used to construct juvenile fa3 cilities collocated with adult facilities; or

4 ‘‘(B) drug testing upon arrest for any of5 fense within the category of offenses designated

6 pursuant to subsection (c)(3), and intensive su7 pervision thereafter pursuant to programs

8 under subsection (b)(7) and subsection (c)(3).

9 ‘‘(3) LOCAL ELIGIBILITY AND DISTRIBUTION.—

10 ‘‘(A) IN GENERAL.—

11 ‘‘(i) LOCAL DISTRIBUTION SUBGRANT

12 ELIGIBILITY.—To be eligible to receive a

13 subgrant, a unit of local government shall

14 provide such assurances to the State as the

15 State shall require, that, to the maximum

16 extent applicable, the unit of local govern17 ment has laws or policies and programs

18 that comply with the eligibility require19 ments of subsection (c).

20 ‘‘(ii) COORDINATED LOCAL EFFORT.—

21 Prior to receiving a grant under this sec22 tion, a unit of local government shall cer23 tify that it has or will establish a coordi24 nated enforcement plan for reducing juve25 nile crime within the jurisdiction of the
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1 unit of local government, developed by a

2 juvenile crime enforcement coalition, such

3 coalition consisting of individuals within

4 the jurisdiction representing the police,

5 sheriff, prosecutor, State or local probation

6 services, juvenile court, schools, business,

7 and religious affiliated, fraternal, non8 profit, or social service organizations in9 volved in crime prevention.

10 ‘‘(B) SPECIAL RULE.—The requirements

11 of subparagraph (A) shall apply to an eligible

12 unit that receives funds from the Attorney Gen13 eral under subparagraph (H), except that infor14 mation that would otherwise be submitted to

15 the State shall be submitted to the Attorney

16 General.

17 ‘‘(C) LOCAL DISTRIBUTION.—From

18 amounts reserved for local distribution under

19 paragraph (1), the State shall allocate to such

20 units of local government an amount that bears

21 the same ratio to the aggregate amount of such

22 funds as—

23 ‘‘(i) the sum of—

24 ‘‘(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 amounts made available
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1 under this section to a unit of local government,

2 not less than 50 percent shall be designated

3 for—

4 ‘‘(i) paragraph (1) or (9) of sub5 section (b), except that, if amounts are al6 located for purposes of construction or re7 modeling of short- or long-term facilities

8 pursuant to subsection (b)(9)—

9 ‘‘(I) the unit of local government

10 shall coordinate such expenditures

11 with similar State expenditures;

12 ‘‘(II) Federal funds shall con13 stitute not more than 50 percent of

14 the estimated construction or remodel15 ing cost; and

16 ‘‘(III) no funds expended pursu17 ant to this clause may be used for the

18 incarceration of any offender who was

19 more than 21 years of age at the time

20 of the offense or for construction, ren21 ovation, or expansion of facilities for

22 such offenders, except that funds may

23 be used to construct juvenile facilities

24 collocated with adult facilities, includ25 ing separate buildings for juveniles
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1 and separate juvenile wings, cells, or

2 areas collocated within an adult jail or

3 lockup; or

4 ‘‘(ii) drug testing upon arrest for any

5 offense within the category of offenses des6 ignated pursuant to subsection (c)(3), and

7 intensive supervision thereafter pursuant

8 to programs under subsection (b)(7) and

9 subsection (c)(3).

10 ‘‘(4) NONSUPPLANTATION.—Amounts made

11 available under this section to the States (or units

12 of local government in the State) shall not be used

13 to supplant State or local funds (or in the case of

14 Indian tribal governments, to supplant amounts pro15 vided by the Bureau of Indian Affairs) but shall be

16 used to increase the amount of funds that would in

17 the absence of amounts received under this section,

18 be made available from a State or local source, or

19 in the case of Indian tribal governments, from

20 amounts provided by the Bureau of Indian Affairs.

21 ‘‘(e) ALLOCATION OF GRANTS AMONG QUALIFYING

22 STATES; RESTRICTIONS ON USE.—

23 ‘‘(1) ALLOCATION.—Amounts made available

24 under this section shall be allocated as follows:
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1 ‘‘(A) 0.5 percent shall be allocated to each

2 eligible State.

3 ‘‘(B) The amount remaining after the allo4 cation under subparagraph (A) shall be allo5 cated proportionately based on the population

6 that is less than 18 years of age in the eligible

7 States.

8 ‘‘(2) RESTRICTIONS ON USE.—Amounts made

9 available under this section shall be subject to the

10 restrictions of subsections (a) and (b) of section 292

11 of the Juvenile Justice and Delinquency Prevention

12 Act of 1974, except that the penalties in section

13 292(c) of such Act do not apply.

14 ‘‘(f) GRANTS TO INDIAN TRIBES.—

15 ‘‘(1) RESERVATION OF FUNDS.—Notwithstand16 ing any other provision of law, from the amounts ap17 propriated pursuant to section 291 of the Juvenile

18 Justice and Delinquency Prevention Act of 1974, for

19 each fiscal year, the Attorney General shall reserve

20 an amount equal to the amount to which all Indian

21 tribes eligible to receive a grant under paragraph (3)

22 would collectively be entitled, if such tribes were col23 lectively treated as a State to carry out this sub24 section.
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1 ‘‘(2) GRANTS TO INDIAN TRIBES.—From the

2 amounts reserved under paragraph (1), the Attorney

3 General shall make grants to Indian tribes for pro4 grams pursuant to the permissible purposes under

5 section 1801.

6 ‘‘(3) APPLICATIONS.—To be eligible to receive a

7 grant under this subsection, an Indian tribe shall

8 submit to the Attorney General an application in

9 such form and containing such information as the

10 Attorney General may by regulation require. The re11 quirements of subsection (c) apply to grants under

12 this subsection.

13 ‘‘SEC. 1802. JUVENILE CRIMINAL HISTORY GRANTS.

14 ‘‘(a) IN GENERAL.—The Attorney General, through

15 the Director of the Bureau of Justice Statistics and with

16 consultation and coordination with the Office of Justice

17 Programs and the Attorney General, upon application

18 from a State (in such form and containing such informa19 tion as the Attorney General may reasonably require) shall

20 make a grant to each eligible State to be used by the State

21 exclusively for purposes of meeting the eligibility require22 ments of subsection (b).

23 ‘‘(b) ELIGIBILITY.—A State is eligible for a grant

24 under subsection (a) if its application provides assurances
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1 that, not later than 3 years after the date on which such

2 application is submitted, the State will—

3 ‘‘(1) maintain, at the adult State central reposi4 tory in accordance with the State’s established prac5 tices and policies relating to adult criminal history

6 records—

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

8 adjudication of delinquency of any juvenile who

9 commits an act that, if committed by an adult,

10 would constitute the offense of murder, armed

11 robbery, rape (except statutory rape), or a fel12 ony offense involving sexual molestation of a

13 child, or a conspiracy or attempt to commit any

14 such offense (all as defined by State law), that

15 is equivalent to, and maintained and dissemi16 nated in the same manner and for the same

17 purposes as are adult criminal history records

18 for the same offenses, except that the record

19 may include a notation of expungement pursu20 ant to State law; and

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

22 adjudication of delinquency of any juvenile who

23 commits an act that, if committed by an adult,

24 would be a felony other than a felony described

25 in subparagraph (A) that is equivalent to, and
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1 maintained and disseminated in the same man2 ner for any criminal justice purpose as are

3 adult criminal history records for the same of4 fenses, except that the record may include a no5 tation of expungement pursuant to State law;

6 and

7 ‘‘(2) will establish procedures by which an offi8 cial of an elementary, secondary, and post-secondary

9 school may, in appropriate circumstances (as defined

10 by applicable State law), gain access to the juvenile

11 adjudication record of a student enrolled at the

12 school, or a juvenile who seeks, intends, or is in13 structed to enroll at that school, if—

14 ‘‘(A) the official is subject to the same

15 standards and penalties under applicable Fed16 eral and State law relating to the handling and

17 disclosure of information contained in juvenile

18 adjudication records as are employees of law

19 enforcement and juvenile justice agencies in the

20 State; and

21 ‘‘(B) information contained in the juvenile

22 adjudication record may not be used for the

23 purpose of making an admission determination.

24 ‘‘(c) VALIDITY OF CERTAIN JUDGMENTS.—Nothing

25 in this section shall require States, in order to qualify for
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1 grants under this title, to modify laws concerning the sta2 tus of any adjudication of juvenile delinquency or judg3 ment of conviction under the law of the State that entered

4 the judgment.

5 ‘‘(d) DEFINITIONS.—In this section—

6 ‘‘(1) the term ‘criminal justice purpose’ means

7 the use by and within the criminal justice system for

8 the detection, apprehension, detention, pretrial re9 lease, post-trial release, prosecution, adjudication,

10 sentencing, disposition, correctional supervision, or

11 rehabilitation of accused persons, criminal offenders,

12 or juvenile delinquents; and

13 ‘‘(2) the term ‘expungement’ means the nul14 lification of the legal effect of the conviction or adju15 dication to which the record applies.’’.

16 SEC. 322. PILOT PROGRAM TO PROMOTE REPLICATION OF

17 RECENT SUCCESSFUL JUVENILE CRIME RE18 DUCTION STRATEGIES.

19 (a) PILOT PROGRAM TO PROMOTE REPLICATION OF

20 RECENT SUCCESSFUL JUVENILE CRIME REDUCTION

21 STRATEGIES.—

22 (1) ESTABLISHMENT.—The Attorney General

23 (or a designee of the Attorney General), in conjunc24 tion with the Secretary of the Treasury (or the des25 ignee of the Secretary), shall establish a pilot pro-
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1 gram (referred to in this section as the ‘‘program’’)

2 to encourage and support communities that adopt a

3 comprehensive approach to suppressing and prevent4 ing violent juvenile crime patterned after successful

5 State juvenile crime reduction strategies.

6 (2) PROGRAM.—In carrying out the program,

7 the Attorney General shall—

8 (A) make and track grants to grant recipi9 ents (referred to in this section as ‘‘coalitions’’);

10 (B) in conjunction with the Secretary of

11 the Treasury, provide for technical assistance

12 and training, data collection, and dissemination

13 of relevant information; and

14 (C) provide for the general administration

15 of the program.

16 (3) ADMINISTRATION.—Not later than 30 days

17 after the date of enactment of this Act, the Attorney

18 General shall appoint or designate an Administrator

19 (referred to in this section as the ‘‘Administrator’’)

20 to carry out the program.

21 (4) PROGRAM AUTHORIZATION.—To be eligible

22 to receive an initial grant or a renewal grant under

23 this section, a coalition shall meet each of the follow24 ing criteria:
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1 (A) COMPOSITION.—The coalition shall

2 consist of 1 or more representatives of—

3 (i) the local police department or sher4 iff’s department;

5 (ii) the local prosecutors’ office;

6 (iii) the United States Attorney’s of7 fice;

8 (iv) the Federal Bureau of Investiga9 tion;

10 (v) the Bureau of Alcohol, Tobacco

11 and Firearms;

12 (vi) State or local probation officers;

13 (vii) religious affiliated or fraternal

14 organizations involved in crime prevention;

15 (viii) schools;

16 (ix) parents or local grass roots orga17 nizations such as neighborhood watch

18 groups; and

19 (x) social service agencies involved in

20 crime prevention.

21 (B) OTHER PARTICIPANTS.—If possible, in

22 addition to the representatives from the cat23 egories listed in subparagraph (A), the coalition

24 shall include—
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1 (i) representatives from the business

2 community; and

3 (ii) researchers who have studied

4 criminal justice and can offer technical or

5 other assistance.

6 (C) COORDINATED STRATEGY.—A coalition

7 shall submit to the Attorney General, or the At8 torney General’s designee, a comprehensive plan

9 for reducing violent juvenile crime. To be eligi10 ble for consideration, a plan shall—

11 (i) ensure close collaboration among

12 all members of the coalition in suppressing

13 and preventing juvenile crime;

14 (ii) place heavy emphasis on coordi15 nated enforcement initiatives, such as Fed16 eral and State programs that coordinate

17 local police departments, prosecutors, and

18 local community leaders to focus on the

19 suppression of violent juvenile crime involv20 ing gangs;

21 (iii) ensure that there is close collabo22 ration between police and probation offi23 cers in the supervision of juvenile offend24 ers, such as initiatives that coordinate the

25 efforts of parents, school officials, and po-
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1 lice and probation officers to patrol the

2 streets and make home visits to ensure

3 that offenders comply with the terms of

4 their probation;

5 (iv) ensure that a program is in place

6 to trace all firearms seized from crime

7 scenes or offenders in an effort to identify

8 illegal gun traffickers; and

9 (v) ensure that effective crime preven10 tion programs are in place, such as pro11 grams that provide after-school safe havens

12 and other opportunities for at-risk youth to

13 escape or avoid gang or other criminal ac14 tivity, and to reduce recidivism.

15 (D) ACCOUNTABILITY.—A coalition shall—

16 (i) establish a system to measure and

17 report outcomes consistent with common

18 indicators and evaluation protocols estab19 lished by the Administrator and that re20 ceives the approval of the Administrator;

21 and

22 (ii) devise a detailed model for meas23 uring and evaluating the success of the

24 plan of the coalition in reducing violent ju25 venile crime, and provide assurances that
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1 the plan will be evaluated on a regular

2 basis to assess progress in reducing violent

3 juvenile crime.

4 (5) GRANT AMOUNTS.—

5 (A) IN GENERAL.—The Administrator may

6 grant to an eligible coalition under this para7 graph, an amount not to exceed the amount of

8 non-Federal funds raised by the coalition, in9 cluding in-kind contributions, for that fiscal

10 year.

11 (B) NONSUPPLANTING REQUIREMENT.—A

12 coalition seeking funds shall provide reasonable

13 assurances that funds made available under this

14 program to States or units of local government

15 shall be so used as to supplement and increase

16 (but not supplant) the level of the State, local,

17 and other non-Federal funds that would in the

18 absence of such Federal funds be made avail19 able for programs described in this section, and

20 shall in no event replace such State, local, or

21 other non-Federal funds.

22 (C) SUSPENSION OF GRANTS.—If a coali23 tion fails to continue to meet the criteria set

24 forth in this section, the Administrator may

25 suspend the grant, after providing written no-
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1 tice to the grant recipient and an opportunity

2 to appeal.

3 (D) RENEWAL GRANTS.—Subject to sub4 paragraph (D), the Administrator may award a

5 renewal grant to grant recipient under this sub6 paragraph for each fiscal year following the fis7 cal year for which an initial grant is awarded,

8 in an amount not to exceed the amount of non9 Federal funds raised by the coalition, including

10 in-kind contributions, for that fiscal year, dur11 ing the 4-year period following the period of the

12 initial grant.

13 (E) LIMITATION.—The amount of a grant

14 award under this section may not exceed

15 $300,000 for a fiscal year.

16 (6) PERMITTED USE OF FUNDS.—A coalition

17 receiving funds under this section may expend such

18 Federal funds on any use or program that is con19 tained in the plan submitted to the Administrator.

20 (7) CONGRESSIONAL CONSULTATION.—

21 (A) IN GENERAL.—Two years after the

22 date of implementation of the program estab23 lished in this section, the Comptroller General

24 of the United States shall submit to Congress

25 a report reviewing the effectiveness of the pro-
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1 gram in suppressing and reducing violent juve2 nile crime in the participating communities.

3 (B) CONTENTS OF REPORT.—The report

4 submitted under subparagraph (A) shall

5 include—

6 (i) an analysis of each community

7 participating in the program, along with

8 information regarding the plan undertaken

9 in the community, and the effectiveness of

10 the plan in reducing violent juvenile crime;

11 and

12 (ii) recommendations regarding the ef13 ficacy of continuing the program.

14 (b) INFORMATION COLLECTION AND DISSEMINATION

15 WITH RESPECT TO COALITIONS.—

16 (1) COALITION INFORMATION.—For the pur17 pose of audit and examination, the Attorney

18 General—

19 (A) shall have access to any books, docu20 ments, papers, and records that are pertinent to

21 any grant or grant renewal request under this

22 section; and

23 (B) may periodically request information

24 from a coalition to ensure that the coalition

25 meets the applicable criteria.
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1 (2) REPORTING.—The Attorney General shall,

2 to the maximum extent practicable and in a manner

3 consistent with applicable law, minimize reporting

4 requirements by a coalition and expedite any appli5 cation for a renewal grant made under this section.

6 (c) AUTHORIZATION OF APPROPRIATIONS.—

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

8 appropriated to carry out this section $3,000,000 for

9 each of fiscal years 2000 through 2003.

10 (2) SOURCE OF SUMS.—Amounts authorized to

11 be appropriated pursuant to this subsection may be

12 derived from the Violent Crime Reduction Trust

13 Fund.

14 SEC. 323. REPEAL OF UNNECESSARY AND DUPLICATIVE

15 PROGRAMS.

16 (a) VIOLENT CRIME CONTROL AND LAW ENFORCE17 MENT ACT OF 1994.—

18 (1) TITLE III.—Title III of the Violent Crime

19 Control and Law Enforcement Act of 1994 (42

20 U.S.C. 13741 et seq.) is amended by striking sub21 titles A through C, and subtitles G through S.

22 (2) TITLE XXVII.—Title XXVII of the Violent

23 Crime Control and Law Enforcement Act of 1994

24 (42 U.S.C. 14191 et seq.) is repealed.
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1 (b) REFORM OF GREAT PROGRAM.—Section

2 32401(a) of the Violent Crime Control and Law Enforce3 ment Act of 1994 (42 U.S.C. 13921(a)) is amended—

4 (1) by striking paragraph (2) and inserting the

5 following:

6 ‘‘(2) SELECTION OF COMMUNITIES.—

7 ‘‘(A) IN GENERAL.—Each community iden8 tified for a GREAT project referred to in para9 graph (1) shall be selected by the Secretary of

10 the Treasury on the basis of—

11 ‘‘(i) the level of gang activity and

12 youth violence in the area in which the

13 community is located;

14 ‘‘(ii) the number of schools in the

15 community in which training would be pro16 vided under the project;

17 ‘‘(iii) the number of students who

18 would receive the training referred to in

19 clause (ii) in schools referred to in that

20 clause; and

21 ‘‘(iv) a written description from offi22 cials of the community explaining the man23 ner in which funds made available to the

24 community under this section would be al25 located.
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1 ‘‘(B) EQUITABLE SELECTION.—The Sec2 retary of the Treasury shall ensure that—

3 ‘‘(i) communities are identified and

4 selected for GREAT projects under this

5 subsection on an equitable geographic basis

6 (except that this clause shall not be con7 strued to require the termination of any

8 projects selected prior to the beginning of

9 fiscal year 1999); and

10 ‘‘(ii) the communities referred to in

11 clause (i) include rural communities.’’; and

12 (2) in paragraph (3)—

13 (A) in subparagraph (A), by striking ‘‘50

14 percent’’ and inserting ‘‘85 percent’’; and

15 (B) in subparagraph (B), by striking ‘‘50

16 percent’’ and inserting ‘‘15 percent’’.

17 SEC. 324. EXTENSION OF VIOLENT CRIME REDUCTION

18 TRUST FUND.

19 Section 310001(b) of the Violent Crime Control and

20 Law Enforcement Act of 1994 (42 U.S.C. 14211(b)) is

21 amended—

22 (1) in paragraph (5), by striking ‘‘and’’ at the

23 end;

24 (2) in paragraph (6), by striking the period at

25 the end and inserting ‘‘; and’’; and
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1 (3) by adding at the end the following:

2 ‘‘(7) for fiscal year 2001, $1,000,000,000.’’.

3 SEC. 325. REIMBURSEMENT OF STATES FOR COSTS OF IN4 CARCERATING JUVENILE ALIENS.

5 (a) IN GENERAL.—Section 501 of the Immigration

6 Reform and Control Act of 1986 (8 U.S.C. 1365) is

7 amended—

8 (1) in subsection (a), by inserting ‘‘or illegal ju9 venile alien who has been adjudicated delinquent and

10 committed to a juvenile correctional facility by such

11 State or locality’’ before the period;

12 (2) in subsection (b), by inserting ‘‘(including

13 any juvenile alien who has been adjudicated delin14 quent and has been committed to a correctional fa15 cility)’’ before ‘‘who is in the United States unlaw16 fully’’; and

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

18 ‘‘(f) JUVENILE ALIEN DEFINED.—In this section,

19 the term ‘juvenile alien’ means an alien (as defined in sec20 tion 101(a)(3) of the Immigration and Nationality Act)

21 who has been adjudicated delinquent and committed to a

22 correctional facility by a State or locality as a juvenile of23 fender.’’.
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1 (b) ANNUAL REPORT.—Section 332 of the Illegal Im2 migration Reform and Immigrant Responsibility Act of

3 1996 (8 U.S.C. 1366) is amended—

4 (1) by striking ‘‘and’’ at the end of paragraph

5 (3);

6 (2) by striking the period at the end of para7 graph (4) and inserting ‘‘; and’’; and

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

9 ‘‘(5) the number of illegal juvenile aliens that

10 are committed to State or local juvenile correctional

11 facilities, including the type of offense committed by

12 each juvenile.’’.

13 (c) CONFORMING AMENDMENT.—Section

14 241(i)(3)(B) of the Immigration and Nationality Act (8

15 U.S.C. 1231(i)(3)(B)) is amended—

16 (1) by striking ‘‘or’’ at the end of clause (ii);

17 (2) by striking the period at the end of clause

18 (iii) and inserting ‘‘; or’’; and

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

20 ‘‘(iv) is a juvenile alien with respect to

21 whom section 501 of the Immigration Re22 form and Control Act of 1986 applies.’’.

23 SEC. 326. SENSE OF CONGRESS.

24 (a) FINDINGS.—Congress finds that—
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1 (1) juveniles between the ages of 10 years and

2 14 years are committing an increasing number of

3 murders and other serious crimes;

4 (2) on March 24, 1998, 11-year-old Andrew

5 Golden and 13-year-old Mitchell Johnson shot and

6 killed 4 fellow students and a teacher and injured 10

7 additional students in Jonesboro, Arkansas;

8 (3) Golden and Mitchell executed an elaborate

9 scheme to carry out their preplanned attack, includ10 ing faking illness to miss school, stealing a vehicle

11 from a parent, attempting to use a blowtorch and

12 hammer to break into a locked gun safe, breaking a

13 window to gain access to a grandparent’s house and

14 steal several firearms from the house, and pulling a

15 fire alarm to draw the students and teachers from

16 the school out into the open;

17 (4) under Arkansas State law, neither of the

18 gunmen could be charged as an adult despite the vi19 ciousness of the crimes and the clear and well20 planned intent demonstrated by the gunmen in car21 rying out their scheme;

22 (5) the tragedy in Jonesboro, Arkansas, is, un23 fortunately, an all too common occurrence in the

24 United States;
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1 (6) few States have laws that allow individuals

2 between the ages of 10 years and 14 years to be

3 tried as adults, even if they commit an offense that,

4 if committed by an adult, would be a felony offense

5 for which the maximum penalty is a sentence of

6 death; and

7 (7) the juvenile and criminal justice systems in

8 the United States are not yet equipped to handle the

9 sad reality that 11- and 13-year-old individuals are

10 committing crimes that shock the Nation’s con11 science and that would often result in a sentence of

12 death if the offenders were older.

13 (b) SENSE OF CONGRESS.—It is the sense of Con14 gress that each State should enact legislation to provide

15 that, on motion of the prosecution and with approval of

16 a court, an individual who is not less than 10 years of

17 age and not more than 14 years of age, may be tried as

18 an adult and, upon conviction, may be subject to any pen19 alty (other than a sentence of death) if the individual is

20 charged with an offense that, if committed by an adult,

21 would be a felony offense for which the maximum penalty

22 is a sentence of death.
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1 Subtitle C—Alternative Education

2 and Delinquency Prevention

3 SEC. 331. ALTERNATIVE EDUCATION.

4 Part D of title I of the Elementary and Secondary

5 Education Act of 1965 (20 U.S.C. 6421 et seq.) is amend6 ed by adding at the end the following:

7 ‘‘Subpart 4—Alternative Education Demonstration

8 Project Grants

9 ‘‘SEC. 1441. PROGRAM AUTHORITY.

10 ‘‘(a) GRANTS.—

11 ‘‘(1) IN GENERAL.—From amounts appro12 priated under section 1443, the Secretary, in con13 sultation with the Administrator, shall make grants

14 to State educational agencies or local educational

15 agencies for not less than 10 demonstration projects

16 that enable the agencies to develop models for and

17 carry out alternative education for at-risk youth.

18 ‘‘(2) CONSTRUCTION.—Nothing in this subpart

19 shall be construed to affect the requirements of the

20 Individuals with Disabilities Education Act.

21 ‘‘(b) DEMONSTRATION PROJECTS.—

22 ‘‘(1) PARTNERSHIPS.—Each agency receiving a

23 grant under this subpart may enter into a partner24 ship with a private sector entity to provide alter25 native educational services to at-risk youth.
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1 ‘‘(2) REQUIREMENTS.—Each demonstration

2 project assisted under this subpart shall—

3 ‘‘(A) accept for alternative education at4 risk or delinquent youth who are referred by a

5 local school or by a court with a juvenile delin6 quency docket and who—

7 ‘‘(i) have demonstrated a pattern of

8 serious and persistent behavior problems in

9 regular schools;

10 ‘‘(ii) are at risk of dropping out of

11 school;

12 ‘‘(iii) have been convicted of a crimi13 nal offense or adjudicated delinquent for

14 an act of juvenile delinquency, and are

15 under a court’s supervision; or

16 ‘‘(iv) have demonstrated that contin17 ued enrollment in a regular classroom—

18 ‘‘(I) poses a physical threat to

19 other students; or

20 ‘‘(II) inhibits an atmosphere con21 ducive to learning; and

22 ‘‘(B) provide for accelerated learning, in a

23 safe, secure, and disciplined environment,

24 including—
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1 ‘‘(i) basic curriculum focused on mas2 tery of essential skills, including targeted

3 instruction in basic skills required for sec4 ondary school graduation; and

5 ‘‘(ii) emphasis on—

6 ‘‘(I) personal, academic, social,

7 and workplace skills; and

8 ‘‘(II) behavior modification.

9 ‘‘(c) APPLICABILITY.—Except as provided in sub10 sections (c) and (e) of section 1442, the provisions of sec11 tion 1401(c), 1402, and 1431, and subparts 1 and 2, shall

12 not apply to this subpart.

13 ‘‘(d) DEFINITION OF ADMINISTRATOR.—In this sub14 part, the term ‘Administrator’ means the Administrator

15 of the Office of Juvenile Crime Control and Prevention

16 of the Department of Justice.

17 ‘‘SEC. 1442. APPLICATIONS; GRANTEE SELECTION.

18 ‘‘(a) APPLICATIONS.—Each State educational agency

19 and local educational agency seeking a grant under this

20 subpart shall submit an application in such form, and con21 taining such information, as the Secretary, in consultation

22 with the Administrator, may reasonably require.

23 ‘‘(b) SELECTION OF GRANTEES.—

24 ‘‘(1) IN GENERAL.—The Secretary shall select

25 State educational agencies and local educational
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1 agencies to receive grants under this subpart on an

2 equitable geographic basis, including selecting agen3 cies that serve urban, suburban, and rural popu4 lations.

5 ‘‘(2) MINIMUM.—The Secretary shall award a

6 grant under this subpart to not less than 1 agency

7 serving a population with a significant percentage of

8 Native Americans.

9 ‘‘(3) PRIORITY.—In awarding grants under this

10 subpart, the Secretary may give priority to State

11 educational agencies and local educational agencies

12 that demonstrate in the application submitted under

13 subsection (a) that the State has a policy of equi14 tably distributing resources among school districts in

15 the State.

16 ‘‘(c) QUALIFICATIONS.—To qualify for a grant under

17 this subpart, a State educational agency or local edu18 cational agency shall—

19 ‘‘(1) in the case of a State educational agency,

20 have submitted a State plan under section 1414(a)

21 that is approved by the Secretary;

22 ‘‘(2) in the case of a local educational agency,

23 have submitted an application under section 1423

24 that is approved by the State educational agency;
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1 ‘‘(3) certify that the agency will comply with

2 the restrictions of section 292 of the Juvenile Jus3 tice and Delinquency Prevention Act of 1974;

4 ‘‘(4) explain the educational and juvenile justice

5 needs of the community to be addressed by the dem6 onstration project;

7 ‘‘(5) provide a detailed plan to implement the

8 demonstration project; and

9 ‘‘(6) provide assurances and an explanation of

10 the agency’s ability to continue the program funded

11 by the demonstration project after the termination

12 of Federal funding under this subpart.

13 ‘‘(d) MATCHING REQUIREMENT.—

14 ‘‘(1) IN GENERAL.—Grant funds provided

15 under this subpart shall not constitute more than 35

16 percent of the cost of the demonstration project

17 funded.

18 ‘‘(2) SOURCE OF FUNDS.—Matching funds for

19 grants under this subpart may be derived from

20 amounts available under section 205, or part B of

21 title II, of the Juvenile Justice and Delinquency Pre22 vention Act of 1974 (42 U.S.C. 5611 et seq.) to the

23 State in which the demonstration project will be car24 ried out, except that the total share of funds derived
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1 from Federal sources shall not exceed 50 percent of

2 the cost of the demonstration project.

3 ‘‘(e) PROGRAM EVALUATION.—

4 ‘‘(1) IN GENERAL.—Each State educational

5 agency or local educational agency that receives a

6 grant under this subpart shall evaluate the dem7 onstration project assisted under this subpart in the

8 same manner as programs are evaluated under sec9 tion 1431. In addition, the evaluation shall include—

10 ‘‘(A) an evaluation of the effect of the al11 ternative education project on order, discipline,

12 and an effective learning environment in regu13 lar classrooms;

14 ‘‘(B) an evaluation of the project’s effec15 tiveness in improving the skills and abilities of

16 at-risk students assigned to alternative edu17 cation, including an analysis of the academic

18 and social progress of such students; and

19 ‘‘(C) an evaluation of the project’s effec20 tiveness in reducing juvenile crime and delin21 quency, including—

22 ‘‘(i) reductions in incidents of campus

23 crime in relevant school districts, compared

24 with school districts not included in the

25 project; and
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1 ‘‘(ii) reductions in recidivism by at2 risk students who have juvenile justice sys3 tem involvement and are assigned to alter4 native education.

5 ‘‘(2) EVALUATION BY THE SECRETARY.—The

6 Secretary, in cooperation with the Administrator,

7 shall comparatively evaluate each of the demonstra8 tion projects funded under this subpart, including an

9 evaluation of the effectiveness of private sector edu10 cational services, and shall report the findings of the

11 evaluation to the Committee on Education and the

12 Workforce of the House of Representatives and the

13 Committees on the Judiciary and Health, Education,

14 Labor and Pensions of the Senate not later than

15 June 30, 2005.

16 ‘‘SEC. 1443. AUTHORIZATION OF APPROPRIATIONS.

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

18 this subpart $15,000,000 for each of fiscal years 2000,

19 2001, 2002, and 2003.’’.
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1 TITLE IV—MISCELLANEOUS

2 PROVISIONS

3 Subtitle A—General Provisions

4 SEC. 401. PROHIBITION ON FIREARMS POSSESSION BY VIO5 LENT JUVENILE OFFENDERS.

6 (a) DEFINITION.—Section 921(a)(20) of title 18,

7 United States Code, is amended—

8 (1) by inserting ‘‘(A)’’ after ‘‘(20)’’;

9 (2) by redesignating subparagraphs (A) and

10 (B) as clauses (i) and (ii), respectively;

11 (3) by inserting after subparagraph (A) the fol12 lowing:

13 ‘‘(B) For purposes of subsections (d) and (g) of sec14 tion 922, the term ‘act of violent juvenile delinquency’

15 means an adjudication of delinquency in Federal or State

16 court, based on a finding of the commission of an act by

17 a person prior to his or her eighteenth birthday that, if

18 committed by an adult, would be a serious or violent fel19 ony, as defined in section 3559(c)(2)(F)(i) had Federal

20 jurisdiction existed and been exercised (except that section

21 3559(c)(3) shall not apply to this subparagraph).’’; and

22 (4) in the undesignated paragraph following

23 subparagraph (B) (as added by paragraph (3) of

24 this subsection), by striking ‘‘What constitutes’’ and
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1 all that follows through ‘‘this chapter,’’ and inserting

2 the following:

3 ‘‘(C) What constitutes a conviction of such a crime

4 or an adjudication of an act of violent juvenile delinquency

5 shall be determined in accordance with the law of the ju6 risdiction in which the proceedings were held. Any State

7 conviction or adjudication of an act of violent juvenile de8 linquency that has been expunged or set aside, or for

9 which a person has been pardoned or has had civil rights

10 restored, by the jurisdiction in which the conviction or ad11 judication of an act of violent juvenile delinquency oc12 curred shall not be considered to be a conviction or adju13 dication of an act of violent juvenile delinquency for pur14 poses of this chapter,’’.

15 (b) PROHIBITION.—Section 922 of title 18, United

16 States Code, is amended—

17 (1) in subsection (d)—

18 (A) in paragraph (8), by striking ‘‘or’’ at

19 the end;

20 (B) in paragraph (9), by striking the pe21 riod at the end and inserting ‘‘; or’’; and

22 (C) by inserting after paragraph (9) the

23 following:

24 ‘‘(10) has committed an act of violent juvenile

25 delinquency.’’; and
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1 (2) in subsection (g)—

2 (A) in paragraph (8), by striking ‘‘or’’ at

3 the end;

4 (B) in paragraph (9), by striking the

5 comma at the end and inserting ‘‘; or’’; and

6 (C) by inserting after paragraph (9) the

7 following:

8 ‘‘(10) who has committed an act of violent juve9 nile delinquency,’’.

10 (c) EFFECTIVE DATE OF ADJUDICATION PROVI11 SIONS.—The amendments made by this section shall only

12 apply to an adjudication of an act of violent juvenile delin13 quency that occurs after the date that is 30 days after

14 the date on which the Attorney General certifies to Con15 gress and separately notifies Federal firearms licensees,

16 through publication in the Federal Register by the Sec17 retary of the Treasury, that the records of such adjudica18 tions are routinely available in the national instant crimi19 nal background check system established under section

20 103(b) of the Brady Handgun Violence Prevention Act.
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1 Subtitle B—Jail-Based Substance

2 Abuse

3 SEC. 421. JAIL-BASED SUBSTANCE ABUSE TREATMENT PRO4 GRAMS.

5 (a) USE OF RESIDENTIAL SUBSTANCE ABUSE

6 TREATMENT GRANTS TO PROVIDE AFTERCARE SERV7 ICES.—Section 1901 of part S of the Omnibus Crime Con8 trol and Safe Streets Act of 1968 (42 U.S.C. 3796ff–1)

9 is amended by adding at the end the following:

10 ‘‘(f) USE OF GRANT AMOUNTS FOR NONRESIDEN11 TIAL AFTERCARE SERVICES.—A State may use amounts

12 received under this part to provide nonresidential sub13 stance abuse treatment aftercare services for inmates or

14 former inmates that meet the requirements of subsection

15 (c), if the chief executive officer of the State certifies to

16 the Attorney General that the State is providing, and will

17 continue to provide, an adequate level of residential treat18 ment services.’’.

19 (b) JAIL-BASED SUBSTANCE ABUSE TREATMENT.—

20 Part S of title I of the Omnibus Crime Control and Safe

21 Streets Act of 1968 (42 U.S.C. 3796ff et seq.) is amended

22 by adding at the end the following:

23 ‘‘SEC. 1906. JAIL-BASED SUBSTANCE ABUSE TREATMENT.

24 ‘‘(a) DEFINITIONS.—In this section—
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1 ‘‘(1) the term ‘jail-based substance abuse treat2 ment program’ means a course of individual and

3 group activities, lasting for a period of not less than

4 3 months, in an area of a correctional facility set

5 apart from the general population of the correctional

6 facility, if those activities are—

7 ‘‘(A) directed at the substance abuse prob8 lems of prisoners; and

9 ‘‘(B) intended to develop the cognitive, be10 havioral, social, vocational, and other skills of

11 prisoners in order to address the substance

12 abuse and related problems of prisoners; and

13 ‘‘(2) the term ‘local correctional facility’ means

14 any correctional facility operated by a unit of local

15 government.

16 ‘‘(b) AUTHORIZATION.—

17 ‘‘(1) IN GENERAL.—Not less than 10 percent of

18 the total amount made available to a State under

19 section 1904(a) for any fiscal year may be used by

20 the State to make grants to local correctional facili21 ties in the State for the purpose of assisting jail22 based substance abuse treatment programs estab23 lished by those local correctional facilities.

24 ‘‘(2) FEDERAL SHARE.—The Federal share of a

25 grant made by a State under this section to a local
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1 correctional facility may not exceed 75 percent of

2 the total cost of the jail-based substance abuse treat3 ment program described in the application submitted

4 under subsection (c) for the fiscal year for which the

5 program receives assistance under this section.

6 ‘‘(c) APPLICATIONS.—

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

8 grant from a State under this section for a jail9 based substance abuse treatment program, the chief

10 executive of a local correctional facility shall submit

11 to the State, in such form and containing such infor12 mation as the State may reasonably require, an ap13 plication that meets the requirements of paragraph

14 (2).

15 ‘‘(2) APPLICATION REQUIREMENTS.—Each ap16 plication submitted under paragraph (1) shall

17 include—

18 ‘‘(A) with respect to the jail-based sub19 stance abuse treatment program for which as20 sistance is sought, a description of the program

21 and a written certification that—

22 ‘‘(i) the program has been in effect

23 for not less than 2 consecutive years before

24 the date on which the application is sub25 mitted; and
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1 ‘‘(ii) the local correctional facility

2 will—

3 ‘‘(I) coordinate the design and

4 implementation of the program be5 tween local correctional facility rep6 resentatives and the appropriate State

7 and local alcohol and substance abuse

8 agencies;

9 ‘‘(II) implement (or continue to

10 require) urinalysis or other proven re11 liable forms of substance abuse test12 ing of individuals participating in the

13 program, including the testing of indi14 viduals released from the jail-based

15 substance abuse treatment program

16 who remain in the custody of the local

17 correctional facility; and

18 ‘‘(III) carry out the program in

19 accordance with guidelines, which

20 shall be established by the State, in

21 order to guarantee each participant in

22 the program access to consistent, con23 tinual care if transferred to a dif24 ferent local correctional facility within

25 the State;
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1 ‘‘(B) written assurances that Federal

2 funds received by the local correctional facility

3 from the State under this section will be used

4 to supplement, and not to supplant, non-Fed5 eral funds that would otherwise be available for

6 jail-based substance abuse treatment programs

7 assisted with amounts made available to the

8 local correctional facility under this section; and

9 ‘‘(C) a description of the manner in which

10 amounts received by the local correctional facil11 ity from the State under this section will be co12 ordinated with Federal assistance for substance

13 abuse treatment and aftercare services provided

14 to the local correctional facility by the Sub15 stance Abuse and Mental Health Services Ad16 ministration of the Department of Health and

17 Human Services.

18 ‘‘(d) REVIEW OF APPLICATIONS.—

19 ‘‘(1) IN GENERAL.—Upon receipt of an applica20 tion under subsection (c), the State shall—

21 ‘‘(A) review the application to ensure that

22 the application, and the jail-based residential

23 substance abuse treatment program for which a

24 grant under this section is sought, meet the re25 quirements of this section; and
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1 ‘‘(B) if so, make an affirmative finding in

2 writing that the jail-based substance abuse

3 treatment program for which assistance is

4 sought meets the requirements of this section.

5 ‘‘(2) APPROVAL.—Based on the review con6 ducted under paragraph (1), not later than 90 days

7 after the date on which an application is submitted

8 under subsection (c), the State shall—

9 ‘‘(A) approve the application, disapprove

10 the application, or request a continued evalua11 tion of the application for an additional period

12 of 90 days; and

13 ‘‘(B) notify the applicant of the action

14 taken under subparagraph (A) and, with re15 spect to any denial of an application under sub16 paragraph (A), afford the applicant an oppor17 tunity for reconsideration.

18 ‘‘(3) ELIGIBILITY FOR PREFERENCE WITH

19 AFTERCARE COMPONENT.—

20 ‘‘(A) IN GENERAL.—In making grants

21 under this section, a State shall give preference

22 to applications from local correctional facilities

23 that ensure that each participant in the jail24 based substance abuse treatment program for

25 which a grant under this section is sought, is
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1 required to participate in an aftercare services

2 program that meets the requirements of sub3 paragraph (B), for a period of not less than 1

4 year following the earlier of—

5 ‘‘(i) the date on which the participant

6 completes the jail-based substance abuse

7 treatment program; or

8 ‘‘(ii) the date on which the participant

9 is released from the correctional facility at

10 the end of the participant’s sentence or is

11 released on parole.

12 ‘‘(B) AFTERCARE SERVICES PROGRAM RE13 QUIREMENTS.—For purposes of subparagraph

14 (A), an aftercare services program meets the re15 quirements of this paragraph if the program—

16 ‘‘(i) in selecting individuals for par17 ticipation in the program, gives priority to

18 individuals who have completed a jail-based

19 substance abuse treatment program;

20 ‘‘(ii) requires each participant in the

21 program to submit to periodic substance

22 abuse testing; and

23 ‘‘(iii) involves the coordination be24 tween the jail-based substance abuse treat25 ment program and other human service
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1 and rehabilitation programs that may as2 sist in the rehabilitation of program par3 ticipants, such as—

4 ‘‘(I) educational and job training

5 programs;

6 ‘‘(II) parole supervision pro7 grams;

8 ‘‘(III) half-way house programs;

9 and

10 ‘‘(IV) participation in self-help

11 and peer group programs; and

12 ‘‘(iv) assists in placing jail-based sub13 stance abuse treatment program partici14 pants with appropriate community sub15 stance abuse treatment facilities upon re16 lease from the correctional facility at the

17 end of a sentence or on parole.

18 ‘‘(e) COORDINATION AND CONSULTATION.—

19 ‘‘(1) COORDINATION.—Each State that makes

20 1 or more grants under this section in any fiscal

21 year shall, to the maximum extent practicable, im22 plement a statewide communications network with

23 the capacity to track the participants in jail-based

24 substance abuse treatment programs established by

25 local correctional facilities in the State as those par-
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1 ticipants move between local correctional facilities

2 within the State.

3 ‘‘(2) CONSULTATION.—Each State described in

4 paragraph (1) shall consult with the Attorney Gen5 eral and the Secretary of Health and Human Serv6 ices to ensure that each jail-based substance abuse

7 treatment program assisted with a grant made by

8 the State under this section incorporates applicable

9 components of comprehensive approaches, including

10 relapse prevention and aftercare services.

11 ‘‘(f) USE OF GRANT AMOUNTS.—

12 ‘‘(1) IN GENERAL.—Each local correctional fa13 cility that receives a grant under this section shall

14 use the grant amount solely for the purpose of car15 rying out the jail-based substance abuse treatment

16 program described in the application submitted

17 under subsection (c).

18 ‘‘(2) ADMINISTRATION.—Each local correctional

19 facility that receives a grant under this section shall

20 carry out all activities relating to the administration

21 of the grant amount, including reviewing the manner

22 in which the amount is expended, processing, mon23 itoring the progress of the program assisted, finan24 cial reporting, technical assistance, grant adjust25 ments, accounting, auditing, and fund disbursement.
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1 ‘‘(3) RESTRICTION.—A local correctional facil2 ity may not use any amount of a grant under this

3 section for land acquisition or a construction project.

4 ‘‘(g) REPORTING REQUIREMENT; PERFORMANCE RE5 VIEW.—

6 ‘‘(1) REPORTING REQUIREMENT.—Not later

7 than March 1 of each year, each local correctional

8 facility that receives a grant under this section shall

9 submit to the Attorney General, through the State,

10 a description and evaluation of the jail-based sub11 stance abuse treatment program carried out by the

12 local correctional facility with the grant amount, in

13 such form and containing such information as the

14 Attorney General may reasonably require.

15 ‘‘(2) PERFORMANCE REVIEW.—The Attorney

16 General shall conduct an annual review of each jail17 based substance abuse treatment program assisted

18 under this section, in order to verify the compliance

19 of local correctional facilities with the requirements

20 of this section.

21 ‘‘(h) NO EFFECT ON STATE ALLOCATION.—Nothing

22 in this section shall be construed to affect the allocation

23 of amounts to States under section 1904(a).’’.

24 (c) TECHNICAL AMENDMENT.—The table of contents

25 for title I of the Omnibus Crime Control and Safe Streets
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1 Act of 1968 (42 U.S.C. 3711 et seq.) is amended, in the

2 matter relating to part S, by adding at the end the follow3 ing:

‘‘1906. Jail-based substance abuse treatment.’’.