In the Senate of the United States,
July 28, 1999.
Resolved, That the bill from the House of Representa-
tives (H.R. 1501) entitled ‘‘An Act to amend the Omnibus
Crime Control and Safe Streets Act of 1968 to provide
grants to ensure increased accountability for juvenile offend-
ers; to amend the Juvenile Justice and Delinquency Preven-
tion Act of 1974 to provide quality prevention programs and
accountability programs relating to juvenile delinquency; and
for other purposes.’’, do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the ‘‘Vio-
lent and Repeat Juvenile Offender Accountability and Re-
habilitation Act of 1999’’.
(b) TABLE OF CONTENTS.—The table of contents for
this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Severability.
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TITLE I—JUVENILE JUSTICE REFORM
Sec. 101. Surrender to State authorities.
Sec. 102. Treatment of Federal juvenile offenders.
Sec. 103. Definitions.
Sec. 104. Notification after arrest.
Sec. 105. Release and detention prior to disposition.
Sec. 106. Speedy trial.
Sec. 107. Dispositional hearings.
Sec. 108. Use of juvenile records.
Sec. 109. Implementation of a sentence for juvenile offenders.
Sec. 110. Magistrate judge authority regarding juvenile defendants.
Sec. 111. Federal sentencing guidelines.
Sec. 112. Study and report on Indian tribal jurisdiction.
TITLE II—JUVENILE GANGS
Sec. 201. Solicitation or recruitment of persons in criminal street gang activity.
Sec. 202. Increased penalties for using minors to distribute drugs.
Sec. 203. Penalties for use of minors in crimes of violence.
Sec. 204. Criminal street gangs.
Sec. 205. High intensity interstate gang activity areas.
Sec. 206. Increasing the penalty for using physical force to tamper with wit-
nesses, victims, or informants.
Sec. 207. Authority to make grants to prosecutors’ offices to combat gang crime
and youth violence.
Sec. 208. Increase in offense level for participation in crime as a gang member.
Sec. 209. Interstate and foreign travel or transportation in aid of criminal gangs.
Sec. 210. Prohibitions relating to firearms.
Sec. 211. Clone pagers.
TITLE III—JUVENILE CRIME CONTROL, ACCOUNTABILITY, AND
DELINQUENCY PREVENTION
Subtitle A—Reform of the Juvenile Justice and Delinquency Prevention Act of
1974
Sec. 301. Findings; declaration of purpose; definitions.
Sec. 302. Juvenile crime control and prevention.
Sec. 303. Runaway and homeless youth.
Sec. 304. National Center for Missing and Exploited Children.
Sec. 305. Transfer of functions and savings provisions.
Subtitle B—Accountability for Juvenile Offenders and Public Protection
Incentive Grants
Sec. 321. Block grant program.
Sec. 322. Pilot program to promote replication of recent successful juvenile crime
reduction strategies.
Sec. 323. Repeal of unnecessary and duplicative programs.
Sec. 324. Extension of Violent Crime Reduction Trust Fund.
Sec. 325. Reimbursement of States for costs of incarcerating juvenile aliens.
Subtitle C—Alternative Education and Delinquency Prevention
Sec. 331. Alternative education.
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Subtitle D—Parenting as Prevention
Sec. 341. Short title.
Sec. 342. Establishment of program.
Sec. 343. National Parenting Support and Education Commission.
Sec. 344. State and local parenting support and education grant program.
Sec. 345. Grants to address the problem of violence related stress to parents and
children.
TITLE IV—VOLUNTARY MEDIA AGREEMENTS FOR CHILDREN’S
PROTECTION
Subtitle A—Children and the Media.
Sec. 401. Short title.
Sec. 402. Findings.
Sec. 403. Purposes; construction.
Sec. 404. Exemption of voluntary agreements on guidelines for certain entertain-
ment material from applicability of antitrust laws.
Sec. 405. Exemption of activities to ensure compliance with ratings and labeling
systems from applicability of antitrust laws.
Sec. 406. Definitions.
Subtitle B—Other Matters.
Sec. 411. Study of marketing practices of motion picture, recording, and video/
personal computer game industries.
TITLE V—GENERAL FIREARM PROVISIONS
Sec. 501. Special licensees; special registrations.
Sec. 502. Clarification of authority to conduct firearm transactions at gun shows.
Sec. 503. ‘‘Instant check’’ gun tax and gun owner privacy.
Sec. 504. Effective date.
TITLE VI—RESTRICTING JUVENILE ACCESS TO CERTAIN FIREARMS
Sec. 601. Penalties for unlawful acts by juveniles.
Sec. 602. Effective date.
TITLE VII—EFFECTIVE GUN LAW ENFORCEMENT
Subtitle A—Criminal Use of Firearms by Felons
Sec. 701. Short title.
Sec. 702. Findings.
Sec. 703. Criminal Use of Firearms by Felons Program.
Sec. 704. Annual reports.
Sec. 705. Authorization of appropriations.
Subtitle B—Apprehension and Treatment of Armed Violent Criminals
Sec. 711. Apprehension and procedural treatment of armed violent criminals.
Subtitle C—Youth Crime Gun Interdiction
Sec. 721. Youth crime gun interdiction initiative.
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TITLE XII—VIOLENCE PREVENTION TRAINING FOR EARLY
CHILDHOOD EDUCATORS
Sec. 1201. Short title.
Sec. 1202. Purpose.
Sec. 1203. Findings.
Sec. 1204. Definitions.
Sec. 1205. Program authorized.
Sec. 1206. Application.
Sec. 1207. Selection priorities.
Sec. 1208. Authorization of appropriations.
TITLE XIII—PREVENTING JUVENILE DELINQUENCY THROUGH
CHARACTER EDUCATION
Sec. 1301. Purpose.
Sec. 1302. Authorization of appropriations.
Sec. 1303. School-based programs.
Sec. 1304. After school programs.
Sec. 1305. General provisions.
TITLE XIV—VIOLENT OFFENDER DNA IDENTIFICATION ACT OF 1999
Sec. 1401. Short title.
Sec. 1402. Elimination of convicted offender DNA backlog.
Sec. 1403. DNA identification of Federal, District of Columbia, and military vio-
lent offenders.
TITLE XV—MISCELLANEOUS PROVISIONS
Subtitle A—General Provisions
Sec. 1501. Prohibition on firearms possession by violent juvenile offenders.
Sec. 1502. Safe students.
Sec. 1503. Study of marketing practices of the firearms industry.
Sec. 1504. Provision of Internet filtering or screening software by certain Internet
service providers.
Sec. 1505. Application of section 923 (j) and (m).
Sec. 1506. Constitutionality of memorial services and memorials at public
schools.
Sec. 1507. Twenty-first Amendment enforcement.
Sec. 1508. Interstate shipment and delivery of intoxicating liquors.
Sec. 1509. Disclaimer on materials produced, procured or distributed from fund-
ing authorized by this Act.
Sec. 1510. Aimee’s Law.
Sec. 1511. Drug tests and locker inspections.
Sec. 1512. Waiver for local match requirement under community policing pro-
gram.
Sec. 1513. Carjacking offenses.
Sec. 1514. Special forfeiture of collateral profits of crime.
Sec. 1515. Caller identification services to elementary and secondary schools as
part of universal service obligation.
Sec. 1516. Parent leadership model.
Sec. 1517. National media campaign against violence.
Sec. 1518. Victims of terrorism.
Sec. 1519. Truth-in-sentencing incentive grants.
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Sec. 1520. Application of provision relating to a sentence of death for an act of
animal enterprise terrorism.
Sec. 1521. Prohibitions relating to explosive materials.
Sec. 1522. District judges for districts in the States of Arizona, Florida, and Ne-
vada.
Sec. 1523. Behavioral and social science research on youth violence.
Sec. 1524. Sense of the Senate regarding mentoring programs.
Sec. 1525. Families and Schools Together program.
Sec. 1526. Amendments relating to violent crime in Indian country and areas of
exclusive Federal jurisdiction.
Sec. 1527. Federal Judiciary Protection Act of 1999.
Sec. 1528. Local enforcement of local alcohol prohibitions that reduce juvenile
crime in remote Alaska villages.
Sec. 1529. Rule of Construction.
Sec. 1530. Bounty hunter accountability and quality assistance.
Sec. 1531. Assistance for unincorporated neighborhood watch programs.
Sec. 1532. Findings and sense of Congress.
Sec. 1533. Prohibition on promoting violence on Federal property.
Sec. 1534. Provisions relating to pawn shops and special licensees.
Sec. 1535. Extension of Brady background checks to gun shows.
Sec. 1536. Appropriate interventions and services; clarification of Federal law.
Sec. 1537. Safe schools.
Sec. 1538. School counseling.
Sec. 1539. Criminal prohibition on distribution of certain information relating
to explosives, destructive devices, and weapons of mass destruc-
tion.
Subtitle B—James Guelff Body Armor Act
Sec. 1541. Short title.
Sec. 1542. Findings.
Sec. 1543. Definitions.
Sec. 1544. Amendment of sentencing guidelines with respect to body armor.
Sec. 1545. Prohibition of purchase, use, or possession of body armor by violent
felons.
Sec. 1546. Donation of Federal surplus body armor to State and local law en-
forcement agencies.
Sec. 1547. Additional findings; purpose.
Sec. 1548. Matching grant programs for law enforcement bullet resistant equip-
ment and for video cameras.
Sec. 1549. Sense of Congress.
Sec. 1550. Technology development.
Sec. 1551. Matching grant program for law enforcement armor vests.
Subtitle C—Animal Enterprise Terrorism and Ecoterrorism
Sec. 1552. Enhancement of penalties for animal enterprise terrorism.
Sec. 1553. National animal terrorism and ecoterrorism incident clearinghouse.
Subtitle D—Jail-Based Substance Abuse
Sec. 1554. Jail-based substance abuse treatment programs.
Subtitle E—Safe School Security
Sec. 1555. Short title.
Sec. 1556. Establishment of School Security Technology Center.
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Sec. 1557. Grants for local school security programs.
Sec. 1558. Safe and secure school advisory report.
Subtitle F—Internet Prohibitions
Sec. 1561. Short title.
Sec. 1562. Findings; purpose.
Sec. 1563. Prohibitions on uses of the Internet.
Sec. 1564. Effective date.
Subtitle G—Partnerships for High-Risk Youth
Sec. 1571. Short title.
Sec. 1572. Findings.
Sec. 1573. Purposes.
Sec. 1574. Establishment of demonstration project.
Sec. 1575. Eligibility.
Sec. 1576. Uses of funds.
Sec. 1577. Authorization of appropriations.
Subtitle H—National Youth Crime Prevention
Sec. 1581. Short title.
Sec. 1582. Purposes.
Sec. 1583. Establishment of National Youth Crime Prevention Demonstration
Project.
Sec. 1584. Eligibility.
Sec. 1585. Uses of funds.
Sec. 1586. Reports.
Sec. 1587. Definitions.
Sec. 1588. Authorization of appropriations.
Subtitle I—National Youth Violence Commission
Sec. 1591. Short title.
Sec. 1592. National Youth Violence Commission.
Sec. 1593. Duties of the Commission.
Sec. 1594. Powers of the Commission.
Sec. 1595. Commission personnel matters.
Sec. 1596. Authorization of appropriations.
Sec. 1597. Termination of the Commission.
Subtitle J—School Safety
Sec. 1598. Short title.
Sec. 1599. Amendments to the Individuals with Disabilities Education Act.
SEC. 2. FINDINGS AND PURPOSES.
(a) FINDINGS.—Congress finds that—
(1) at the outset of the 20th century, the States
adopted a separate justice system for juvenile offend-
ers;
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(2) violent crimes committed by juveniles, such
as homicide, rape, and robbery, were an unknown
phenomenon then, but the rate at which juveniles
commit such crimes has escalated astronomically
since that time;
(3) in 1994—
(A) the number of persons arrested overall
for murder in the United States decreased by 5.8
percent, but the number of persons who are less
than 15 years of age arrested for murder in-
creased by 4 percent; and
(B) the number of persons arrested for all
violent crimes increased by 1.3 percent, but the
number of persons who are less than 15 years of
age arrested for violent crimes increased by 9.2
percent, and the number of persons less than 18
years of age arrested for such crimes increased
by 6.5 percent;
(4) from 1985 to 1996, the number of persons ar-
rested for all violent crimes increased by 52.3 percent,
but the number of persons under age 18 arrested for
violent crimes rose by 75 percent;
(5) the number of juvenile offenders is expected
to undergo a massive increase during the first 2 dec-
ades of the twenty-first century, culminating in an
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unprecedented number of violent offenders who are
less than 18 years of age;
(6) the rehabilitative model of sentencing for ju-
veniles, which Congress rejected for adult offenders
when Congress enacted the Sentencing Reform Act of
1984, is inadequate and inappropriate for dealing
with many violent and repeat juvenile offenders;
(7) the Federal Government should encourage the
States to experiment with progressive solutions to the
escalating problem of juveniles who commit violent
crimes and who are repeat offenders, including pros-
ecuting such offenders as adults, but should not im-
pose specific strategies or programs on the States;
(8) an effective strategy for reducing violent juve-
nile crime requires greater collection of investigative
data and other information, such as fingerprints and
DNA evidence, as well as greater sharing of such
information—
(A) among Federal, State, and local agen-
cies, including the courts; and
(B) among the law enforcement, edu-
cational, and social service systems;
(9) data regarding violent juvenile offenders
should be made available to the adult criminal justice
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system if recidivism by criminals is to be addressed
adequately;
(10) holding juvenile proceedings in secret denies
victims of crime the opportunity to attend and be
heard at such proceedings, helps juvenile offenders to
avoid accountability for their actions, and shields ju-
venile proceedings from public scrutiny and account-
ability;
(11) the injuries and losses suffered by the vic-
tims of violent crime are no less painful or dev-
astating because the offender is a juvenile; and
(12) the prevention, investigation, prosecution,
adjudication, and punishment of criminal offenses
committed by juveniles, and the rehabilitation and
correction of juvenile offenders are, and should re-
main, primarily the responsibility of the States, to be
carried out without interference from the Federal
Government.
(b) PURPOSES.—The purposes of this Act are—
(1) to reform Federal juvenile justice programs
and policies in order to promote the emergence of ju-
venile justice systems in which the paramount con-
cerns are providing for the safety of the public and
holding juvenile wrongdoers accountable for their ac-
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tions, while providing the wrongdoer a genuine op-
portunity for self-reform;
(2) to revise the procedures in Federal court that
are applicable to the prosecution of juvenile offenders;
and
(3) to encourage and promote, consistent with
the ideals of federalism, adoption of policies by the
States to ensure that the victims of violent crimes
committed by juveniles receive the same level of justice
as do victims of violent crimes that are committed by
adults.
SEC. 3. SEVERABILITY.
If any provision of this Act, an amendment made by
this Act, or the application of such provision or amendment
to any person or circumstance is held to be unconstitu-
tional, the remainder of this Act, the amendments made by
this Act, and the application of the provisions of such to
any person or circumstance shall not be affected thereby.
TITLE I—JUVENILE JUSTICE
REFORM
SEC. 101. SURRENDER TO STATE AUTHORITIES.
Section 5001 of title 18, United States Code, is amend-
ed by striking the first undesignated paragraph and insert-
ing the following:
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‘‘Whenever any person who is less than 18 years of
age is been arrested and charged with the commission of
an offense (or an act of delinquency that would be an offense
were it committed by an adult) punishable in any court
of the United States or of the District of Columbia, the
United States Attorney for the district in which such person
has been arrested may forego prosecution pursuant to sec-
tion 5032(a)(2) if, after investigation by the United States
Attorney, it appears that—
‘‘(1) such person has committed an act that is
also an offense or an act of delinquency under the law
of any State or the District of Columbia;
‘‘(2) such State or the District of Columbia, as
applicable, can and will assume jurisdiction over
such juvenile and will take such juvenile into custody
and deal with the juvenile in accordance with the law
of such State or the District of Columbia, as applica-
ble; and
‘‘(3) it is in the best interests of the United
States and of the juvenile offender.’’.
SEC. 102. TREATMENT OF FEDERAL JUVENILE OFFENDERS.
(a) IN GENERAL.—Section 5032 of title 18, United
States Code, is amended to read as follows:
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‘‘§ 5032. Delinquency proceedings in district courts;
juveniles tried as adults; transfer for
other criminal prosecution
‘‘(a) IN GENERAL.—
‘‘(1) DELINQUENCY PROCEEDINGS IN DISTRICT
COURTS.—A juvenile who is alleged to have com-
mitted a Federal offense shall, except as provided in
paragraph (2), be tried in the appropriate district
court of the United States—
‘‘(A) in the case of an offense described in
subsection (c), and except as provided in sub-
section (i), if the juvenile was not less than 14
years of age at the time of the offense, as an
adult at the discretion of the United States At-
torney in the appropriate jurisdiction, upon cer-
tification by that United States Attorney (which
certification shall not be subject to review in or
by any court, except as provided in subsection
(d)(2)) that—
‘‘(i) there is a substantial Federal in-
terest in the case or the offense to warrant
the exercise of Federal jurisdiction; or
‘‘(ii) the ends of justice otherwise so re-
quire;
‘‘(B) in the case of a felony offense that is
not described in subsection (c), and except as
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provided in subsection (i), if the juvenile was not
less than 14 years of age at the time of the of-
fense, as an adult, upon certification by the At-
torney General (which certification shall not be
subject to review in or by any court, except as
provided in subsection (d)(2)) that—
‘‘(i) there is a substantial Federal in-
terest in the case or the offense to warrant
the exercise of Federal jurisdiction; or
‘‘(ii) the ends of justice otherwise so re-
quire;
‘‘(C) in the case of a juvenile who has, on
a prior occasion, been tried and convicted as an
adult under this section, as an adult; and
‘‘(D) in all other cases, as a juvenile.
‘‘(2) REFERRAL BY UNITED STATES ATTORNEY;
APPLICATION TO CONCURRENT JURISDICTION.—
‘‘(A) IN GENERAL.—If the United States At-
torney in the appropriate jurisdiction (or in the
case of an offense under paragraph (1)(B), the
Attorney General), declines prosecution of an of-
fense under this section, the matter may be re-
ferred to the appropriate legal authorities of the
State or Indian tribe with jurisdiction over both
the offense and the juvenile.
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‘‘(B) APPLICATION TO CONCURRENT JURIS-
DICTION.—The United States Attorney in the ap-
propriate jurisdiction (or, in the case of an of-
fense under paragraph (1)(B), the Attorney Gen-
eral), in cases in which both the Federal Govern-
ment and a State or Indian tribe have penal
provisions that criminalize the conduct at issue
and both have jurisdiction over the juvenile, shall
exercise a presumption in favor of referral pur-
suant to subparagraph (A), unless the United
States Attorney pursuant to paragraph (1)(A)
(or the Attorney General pursuant to paragraph
(1)(B)) certifies (which certification shall not be
subject to review in or by any court) that—
‘‘(i) the prosecuting authority or the
juvenile court or other appropriate court of
the State or Indian tribe refuses, declines,
or will refuse or will decline to assume ju-
risdiction over the conduct or the juvenile;
and
‘‘(ii) there is a substantial Federal in-
terest in the case or the offense to warrant
the exercise of Federal jurisdiction.
‘‘(C) DEFINITION.—In this subsection, the
term ‘Indian tribe’ has the meaning given the
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term in section 4(e) of the Indian Self-Deter-
mination and Education Assistance Act (25
U.S.C. 450b(e)).
‘‘(b) JOINDER; LESSER INCLUDED OFFENSES.—In a
prosecution under this section, a juvenile may be prosecuted
and convicted as an adult for any offense that is properly
joined under the Federal Rules of Criminal Procedure with
an offense described in subsection (c), and may also be con-
victed of a lesser included offense.
‘‘(c) OFFENSES DESCRIBED.—An offense is described
in this subsection if it is a Federal offense that—
‘‘(1) is a serious violent felony or a serious drug
offense (as those terms are defined in section 3559(c),
except that section 3559(c)(3) does not apply to this
subsection); or
‘‘(2) is a conspiracy or an attempt to commit an
offense described in paragraph (1).
‘‘(d) WAIVER
TO JUVENILE STATUS
IN CERTAIN
CASES; LIMITATIONS ON JUDICIAL REVIEW.—
‘‘(1) IN GENERAL.—Except as otherwise provided
in this subsection, a determination to approve or not
to approve, or to institute or not to institute, a pros-
ecution under subsection (a)(1) shall not be reviewable
in any court.
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‘‘(2) DETERMINATION BY COURT ON TRIAL AS
ADULT OF CERTAIN JUVENILE.—In any prosecution of
a juvenile under subsection (a)(1)(A) if the juvenile
was less than 16 years of age at the time of the of-
fense, or under subsection (a)(1)(B), upon motion of
the defendant and after a hearing, the court in which
criminal charges have been filed shall determine
whether to issue an order to provide for the transfer
of the defendant to juvenile status for the purposes of
proceeding against the defendant or for referral under
subsection (a).
‘‘(3) TIME REQUIREMENTS.—A motion by a de-
fendant under paragraph (2) shall not be considered
unless that motion is filed not later than 30 days
after the date on which the defendant—
‘‘(A) appears through counsel to answer an
indictment; or
‘‘(B) expressly waives the right to counsel
and elects to proceed pro se.
‘‘(4) PROHIBITION.—The court shall not order
the transfer of a defendant to juvenile status under
paragraph (2) unless the defendant establishes by a
preponderance of the evidence or information that re-
moval to juvenile status would be in the interest of
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justice. In making a determination under paragraph
(2), the court may consider—
‘‘(A) the nature of the alleged offense, in-
cluding the extent to which the juvenile played a
leadership role in an organization, or otherwise
influenced other persons to take part in criminal
activities;
‘‘(B) whether prosecution of the juvenile as
an adult is necessary to protect property or pub-
lic safety;
‘‘(C) the age and social background of the
juvenile;
‘‘(D) the extent and nature of the prior
criminal or delinquency record of the juvenile;
‘‘(E) the intellectual development and psy-
chological maturity of the juvenile;
‘‘(F) the nature of any treatment efforts and
the response of the juvenile to those efforts; and
‘‘(G) the availability of programs designed
to treat any identified behavioral problems of the
juvenile.
‘‘(5) STATUS OF ORDERS.—
‘‘(A) IN GENERAL.—An order of the court
made in ruling on a motion by a defendant to
transfer a defendant to juvenile status under this
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subsection shall not be a final order for the pur-
pose of enabling an appeal, except that an ap-
peal by the United States shall lie to a court of
appeals pursuant to section 3731 from an order
of a district court removing a defendant to juve-
nile status.
‘‘(B) APPEALS.—Upon receipt of a notice of
appeal of an order under this paragraph, a court
of appeals shall hear and determine the appeal
on an expedited basis.
‘‘(6) INADMISSIBILITY OF EVIDENCE.—
‘‘(A) IN GENERAL.—Except as provided in
subparagraph (B), no statement made by a de-
fendant during or in connection with a hearing
under this subsection shall be admissible against
the defendant in any criminal prosecution.
‘‘(B) EXCEPTIONS.—The prohibition under
subparagraph (A) shall apply, except—
‘‘(i) for impeachment purposes; or
‘‘(ii) in a prosecution for perjury or
giving a false statement.
‘‘(7) RULES.—The rules concerning the receipt
and admissibility of evidence under this subsection
shall be the same as prescribed in section 3142(f).
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‘‘(e) APPLICABLE PROCEDURES.—Any prosecution in
a district court of the United States under this section—
‘‘(1) in the case of a juvenile tried as an adult
under subsection (a), shall proceed in the same man-
ner as is required by this title and by the Federal
Rules of Criminal Procedure in any proceeding
against an adult; and
‘‘(2) in all other cases, shall proceed in accord-
ance with this chapter, unless the juvenile has re-
quested in writing, upon advice of counsel, to be pro-
ceeded against as an adult.
‘‘(f) APPLICATION OF LAWS.—
‘‘(1) APPLICABILITY
OF
SENTENCING
PROVI-
SIONS.—
‘‘(A) IN
GENERAL.—Except as otherwise
provided in this chapter, and subject to subpara-
graph (C) of this paragraph, in any case in
which a juvenile is prosecuted in a district court
of the United States as an adult, the juvenile
shall be subject to the same laws, rules, and pro-
ceedings regarding sentencing (including the
availability of probation, restitution, fines, for-
feiture, imprisonment, and supervised release)
that would be applicable in the case of an adult,
except that no person shall be subject to the death
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penalty for an offense committed before the per-
son attains the age of 18 years.
‘‘(B) STATUS AS ADULT.—No juvenile sen-
tenced to a term of imprisonment shall be re-
leased from custody on the basis that the juvenile
has attained the age of 18 years.
‘‘(C) APPLICABLE GUIDELINES.—Each juve-
nile tried as an adult shall be sentenced in ac-
cordance with the Federal sentencing guidelines
promulgated under section 994(z) of title 28,
United States Code, once such guidelines are
promulgated and take effect.
‘‘(2) APPLICABILITY
OF
MANDATORY
RESTITU-
TION PROVISIONS TO CERTAIN JUVENILES.—If a juve-
nile is tried as an adult for any offense to which the
mandatory restitution provisions of sections 3663A,
2248, 2259, 2264, and 2323 apply, those sections shall
apply to that juvenile in the same manner and to the
same extent as those provisions apply to adults.
‘‘(g) OPEN PROCEEDINGS.—
‘‘(1) IN GENERAL.—Any offense tried or adju-
dicated in a district court of the United States under
this section shall be open to the general public, in ac-
cordance with rules 10, 26, 31(a), and 53 of the Fed-
eral Rules of Criminal Procedure, unless good cause
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is established by the moving party or is otherwise
found by the court, for closure.
‘‘(2) STATUS ALONE INSUFFICIENT.—The status
of the defendant as a juvenile, absent other factors,
shall not constitute good cause for purposes of this
subsection.
‘‘(h) AVAILABILITY OF RECORDS.—
‘‘(1) IN GENERAL.—In making a determination
concerning the arrest or prosecution of a juvenile in
a district court of the United States under this sec-
tion, the United States Attorney of the appropriate
jurisdiction, or, as appropriate, the Attorney General,
shall have complete access to the prior Federal juve-
nile records of the subject juvenile and, to the extent
permitted by State law, the prior State juvenile
records of the subject juvenile.
‘‘(2) CONSIDERATION OF ENTIRE RECORD.—In
any case in which a juvenile is found guilty or adju-
dicated delinquent in an action under this section, the
district court responsible for imposing sentence shall
have complete access to the prior Federal juvenile
records of the subject juvenile and, to the extent per-
mitted under State law, the prior State juvenile
records of the subject juvenile. At sentencing, the dis-
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trict court shall consider the entire available prior ju-
venile record of the subject juvenile.
‘‘(i) APPLICATION
TO INDIAN COUNTRY.—Notwith-
standing sections 1152 and 1153, certification under sub-
paragraph (A) or (B) of subsection (a)(1) shall not be made
nor granted with respect to a juvenile who is subject to the
criminal jurisdiction of an Indian tribal government if the
juvenile is less than 15 years of age at the time of offense
and is alleged to have committed an offense for which there
would be Federal jurisdiction based solely on commission
of the offense in Indian country (as defined in section
1151), unless the governing body of the tribe having juris-
diction over the place where the alleged offense was com-
mitted has, before the occurrence of the alleged offense, noti-
fied the Attorney General in writing of its election that
prosecution as an adult may take place under this section.’’.
(b) CONFORMING AMENDMENTS.—
(1) CHAPTER ANALYSIS.—The analysis for chap-
ter 403 of title 18, United States Code, is amended
by striking the item relating to section 5032 and in-
serting the following:
‘‘5032. Delinquency proceedings in district courts; juveniles tried as adults; trans-
fer for other criminal prosecution.’’.
(2) ADULT SENTENCING.—Section 3553 of title
18, United States Code, is amended by adding at the
end the following:
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‘‘(g) LIMITATION ON APPLICABILITY OF STATUTORY
MINIMUMS
IN
CERTAIN
PROSECUTIONS
OF
PERSONS
YOUNGER THAN 16.—Notwithstanding any other provision
of law, in the case of a defendant convicted for conduct that
occurred before the juvenile attained the age of 16 years,
the court shall impose a sentence without regard to any
statutory minimum sentence, if the court finds at sen-
tencing, after affording the Government an opportunity to
make a recommendation, that the juvenile has not been pre-
viously adjudicated delinquent for, or convicted of, a serious
violent felony or a serious drug offense (as those terms are
defined in section 3559(c)).
‘‘(h) TREATMENT OF JUVENILE CRIMINAL HISTORY IN
FEDERAL SENTENCING.—
‘‘(1) IN GENERAL.—
‘‘(A) SENTENCING GUIDELINES.—Pursuant
to its authority under section 994 of title 28, the
United States Sentencing Commission (referred
to in this subsection as the ‘Commission’) shall
amend the Federal sentencing guidelines to pro-
vide that, in determining the criminal history
score under the Federal sentencing guidelines for
any adult offender or any juvenile offender being
sentenced as an adult, prior juvenile convictions
and adjudications for offenses described in para-
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graph (2) shall receive a score similar to that
which the defendant would have received if those
offenses had been committed by the defendant as
an adult, if any portion of the sentence for the
offense was imposed or served within 15 years
after the commencement of the instant offense.
‘‘(B) REVIEWS.—The Commission shall re-
view the criminal history treatment of juvenile
adjudications or convictions for offenses other
than those described in paragraph (2) to deter-
mine whether the treatment should be adjusted as
described in subparagraph (A), and make any
amendments to the Federal sentencing guidelines
as necessary to make whatever adjustments the
Commission concludes are necessary to imple-
ment the results of the review.
‘‘(2) OFFENSES
DESCRIBED.—The offenses de-
scribed in this paragraph include any—
‘‘(A) crime of violence;
‘‘(B) controlled substance offense;
‘‘(C) other offense for which the defendant
received a sentence or disposition of imprison-
ment of 1 year or more; and
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‘‘(D) other offense punishable by a term of
imprisonment of more than 1 year for which the
defendant was prosecuted as an adult.
‘‘(3) 
DEFINITIONS.—The 
Federal 
sentencing
guidelines described in paragraph (1) shall define the
terms ‘crime of violence’ and ‘controlled substance of-
fense’ in substantially the same manner as those
terms are defined in Guideline Section 4B1.2 of the
November 1, 1995, Guidelines Manual.
‘‘(4) JUVENILE
ADJUDICATIONS.—In carrying
out this subsection, the Commission—
‘‘(A) shall assign criminal history points
for juvenile adjudications based principally on
the nature of the acts committed by the juvenile;
an
‘‘(B) may provide for some adjustment of
the score in light of the length of sentence the ju-
venile received.
‘‘(5) EMERGENCY AUTHORITY.—The Commission
shall promulgate the Federal sentencing guidelines
and amendments under this subsection as soon as
practicable, and in any event not later than 90 days
after the date of enactment of the Violent and Repeat
Juvenile Offender Accountability and Rehabilitation
Act of 1999, in accordance with the procedures set
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forth in section 21(a) of the Sentencing Act of 1987,
as though the authority under that authority had not
expired, except that the Commission shall submit to
Congress the emergency guidelines or amendments
promulgated under this section, and shall set an effec-
tive date for those guidelines or amendments not ear-
lier than 30 days after their submission to Congress.
‘‘(6) CAREER OFFENDER DETERMINATION.—Pur-
suant to its authority under section 994 of title 28,
the Commission shall amend the Federal sentencing
guidelines to provide for inclusion, in any determina-
tion regarding whether a juvenile or adult defendant
is a career offender under section 994(h) of title 28,
and any computation of the sentence that any defend-
ant found to be a career offender should receive, of
any act for which the defendant was previously con-
victed or adjudicated delinquent as a juvenile that
would be a felony covered by that section if it had
been committed by the defendant as an adult.’’.
SEC. 103. DEFINITIONS.
Section 5031 of title 18, United States Code, is amend-
ed to read as follows:
‘‘§ 5031. Definitions
‘‘In this chapter:
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‘‘(1) ADULT INMATE.—The term ‘adult inmate’
means an individual who has attained the age of 18
years and who is in custody for, awaiting trial on,
or convicted of criminal charges committed while an
adult or an act of juvenile delinquency committed
while a juvenile.
‘‘(2) JUVENILE.—The term ‘juvenile’ means—
‘‘(A) a person who has not attained the age
of 18 years; or
‘‘(B) for the purpose of proceedings and dis-
position under this chapter for an alleged act of
juvenile delinquency, a person who has not at-
tained the age of 21 years.
‘‘(3) JUVENILE DELINQUENCY.—The term ‘juve-
nile delinquency’ means the violation of a law of the
United States committed by a person before the eight-
eenth birthday of that person, if the violation—
‘‘(A) would have been a crime if committed
by an adult; or
‘‘(B) is a violation of section 922(x).
‘‘(4) PROHIBITED PHYSICAL CONTACT.—
‘‘(A) IN
GENERAL.—The term ‘prohibited
physical contact’ means—
‘‘(i) any physical contact between a ju-
venile and an adult inmate; and
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‘‘(ii) proximity that provides an op-
portunity for physical contact between a ju-
venile and an adult inmate.
‘‘(B) EXCLUSION.—The term does not in-
clude supervised proximity between a juvenile
and an adult inmate that is brief and inad-
vertent, or accidental, in secure areas of a facil-
ity that are not dedicated to use by juvenile of-
fenders and that are nonresidential, which may
include dining, recreational, educational, voca-
tional, health care, entry areas, and passage-
ways.
‘‘(5) SUSTAINED ORAL COMMUNICATION.—
‘‘(A) IN
GENERAL.—The term ‘sustained
oral communication’ means the imparting or
interchange of speech by or between a juvenile
and an adult inmate.
‘‘(B) EXCEPTION.—The term does not
include—
‘‘(i) communication that is accidental
or incidental; or
‘‘(ii) sounds or noises that cannot rea-
sonably be considered to be speech.
‘‘(6) STATE.—The term ‘State’ includes a State
of the United States, the District of Columbia, any
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commonwealth, territory, or possession of the United
States and, with regard to an act of juvenile delin-
quency that would have been a misdemeanor if com-
mitted by an adult, an Indian tribe (as defined in
section 4(e) of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 4506(e))).
‘‘(7) VIOLENT JUVENILE.—The term ‘violent ju-
venile’ means any juvenile who is alleged to have
committed, has been adjudicated delinquent for, or
has been convicted of an offense that, if committed by
an adult, would be a crime of violence (as defined in
section 16).’’.
SEC. 104. NOTIFICATION AFTER ARREST.
Section 5033 of title 18, United States Code, is
amended—
(1) in the first sentence, by striking ‘‘imme-
diately notify the Attorney General and’’ and insert-
ing the following: ‘‘immediately, or as soon as prac-
ticable thereafter, notify the United States Attorney of
the appropriate jurisdiction and shall promptly take
reasonable steps to notify’’; and
(2) in the second sentence of the second undesig-
nated paragraph, by inserting before the period at the
end the following: ‘‘, and the juvenile shall not be sub-
ject to detention under conditions that permit prohib-
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ited physical contact with adult inmates or in which
the juvenile and an adult inmate can engage in sus-
tained oral communication’’.
SEC. 105. RELEASE AND DETENTION PRIOR TO DISPOSI-
TION.
(a) DUTIES OF MAGISTRATE.—Section 5034 of title
18, United States Code, is amended—
(1) by striking ‘‘The magistrate shall insure’’
and inserting the following:
‘‘(a) IN GENERAL.—
‘‘(1) REPRESENTATION BY COUNSEL.—The mag-
istrate shall ensure’’;
(2) by striking ‘‘The magistrate may appoint’’
and inserting the following:
‘‘(2) GUARDIAN AD LITEM.—The magistrate may
appoint’’;
(3) by striking ‘‘If the juvenile’’ and inserting
the following:
‘‘(b) RELEASE PRIOR TO DISPOSITION.—Except as
provided in subsection (c), if the juvenile’’; and
(4) by adding at the end the following:
‘‘(c) RELEASE OF CERTAIN JUVENILES.—A juvenile
who is to be tried as an adult pursuant to section 5032
shall be released pending trial only in accordance with the
applicable provisions of chapter 207. The release shall be
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conducted in the same manner and shall be subject to the
same terms, conditions, and sanctions for violation of a re-
lease condition as provided for an adult under chapter 207.
‘‘(d) PENALTY FOR AN OFFENSE COMMITTED WHILE
ON RELEASE.—
‘‘(1) IN GENERAL.—A juvenile alleged to have
committed, while on release under this section, an of-
fense that, if committed by an adult, would be a Fed-
eral criminal offense, shall be subject to prosecution
under section 5032.
‘‘(2) APPLICABILITY OF CERTAIN PENALTIES.—
Section 3147 shall apply to a juvenile who is to be
tried as an adult pursuant to section 5032 for an of-
fense committed while on release under this section.’’.
(b) DETENTION PRIOR
TO DISPOSITION.—Section
5035 of title 18, United States Code, is amended—
(1) by striking ‘‘A juvenile’’ and inserting the
following:
‘‘(a) IN GENERAL.—Except as provided in subsection
(b), a juvenile’’;
(2) in subsection (a), as redesignated—
(A) in the third sentence, by striking ‘‘reg-
ular contact’’ and inserting ‘‘prohibited physical
contact or sustained oral communication’’; and
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(B) after the fourth sentence, by inserting
the following: ‘‘To the extent practicable, violent
juveniles shall be kept separate from nonviolent
juveniles.’’; and
(3) by adding at the end the following:
‘‘(b) DETENTION OF CERTAIN JUVENILES.—
‘‘(1) IN GENERAL.—A juvenile who is to be tried
as an adult pursuant to section 5032 shall be subject
to detention in accordance with chapter 207 in the
same manner, to the same extent, and subject to the
same terms and conditions as an adult would be sub-
ject to under that chapter.
‘‘(2) EXCEPTION.—A juvenile shall not be de-
tained or confined in any institution in which the ju-
venile has prohibited physical contact or sustained
oral communication with adult inmates. To the extent
practicable, violent juveniles shall be kept separate
from nonviolent juveniles.’’.
SEC. 106. SPEEDY TRIAL.
Section 5036 of title 18, United States Code, is
amended—
(1) by inserting ‘‘who is to be proceeded against
as a juvenile pursuant to section 5032 and’’ after ‘‘If
an alleged delinquent’’;
(2) by striking ‘‘thirty’’ and inserting ‘‘70’’; and
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(3) by striking ‘‘the court,’’ and all that follows
through the end of the section and inserting the fol-
lowing: ‘‘the court. The periods of exclusion under sec-
tion 3161(h) shall apply to this section. In deter-
mining whether an information should be dismissed
with or without prejudice, the court shall consider the
seriousness of the alleged act of juvenile delinquency,
the facts and circumstances of the case that led to the
dismissal, and the impact of a reprosecution on the
administration of justice.’’.
SEC. 107. DISPOSITIONAL HEARINGS.
Section 5037 of title 18, United States Code, is
amended—
(1) by striking subsection (a) and inserting the
following:
‘‘(a) IN GENERAL.—
‘‘(1) DISPOSITIONAL HEARING.—
‘‘(A) IN GENERAL.—In a proceeding under
section 5032(a)(1)(D), if the court finds a juve-
nile to be a juvenile delinquent, the court shall
hold a hearing concerning the appropriate dis-
position of the juvenile not later than 40 court
days after the finding of juvenile delinquency,
unless the court has ordered further study pursu-
ant to subsection (e).
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‘‘(B) PREDISPOSITION
REPORT.—A pre-
disposition report shall be prepared by the pro-
bation officer, who shall promptly provide a
copy to the juvenile, the juvenile’s counsel, and
the attorney for the Government. Victim impact
information shall be included in the predisposi-
tion report, and victims or, in appropriate cases,
their official representatives, shall be provided
the opportunity to make a statement to the court
in person or to present any information in rela-
tion to the disposition.
‘‘(2) ACTIONS OF COURT AFTER HEARING.—After
a dispositional hearing under paragraph (1), after
considering any pertinent policy statements promul-
gated by the United States Sentencing Commission
pursuant to section 994 of title 28, and in conform-
ance with any guidelines promulgated by the United
States Sentencing Commission pursuant to section
994(z)(1)(B) of title 28, the court shall—
‘‘(A) place the juvenile on probation or com-
mit the juvenile to official detention (including
the possibility of a term of supervised release),
and impose any fine that would be authorized if
the juvenile had been tried and convicted as an
adult; and
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‘‘(B) enter an order of restitution pursuant
to section 3663.’’;
(2) in subsection (b)—
(A) in the matter preceding paragraph (1),
by inserting ‘‘or supervised release’’ after ‘‘proba-
tion’’;
(B) by striking ‘‘extend—’’ and all that fol-
lows through ‘‘The provisions’’ and inserting the
following: ‘‘extend, in the case of a juvenile, be-
yond the maximum term of probation that would
be authorized by section 3561, or beyond the
maximum term of supervised release authorized
by section 3583, if the juvenile had been tried
and convicted as an adult. The provisions deal-
ing with supervised release set forth in section
3583 and the provisions’’; and
(C) in the last sentence, by inserting ‘‘or su-
pervised release’’ after ‘‘on probation’’; and
(3) in subsection (c), by striking ‘‘may not ex-
tend—’’ and all that follows through ‘‘Section 3624’’
and inserting the following: ‘‘may not extend beyond
the earlier of the 26th birthday of the juvenile or the
termination date of the maximum term of imprison-
ment, exclusive of any term of supervised release, that
would be authorized if the juvenile had been tried and
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convicted as an adult. No juvenile sentenced to a term
of imprisonment shall be released from custody sim-
ply because the juvenile attains the age of 18 years.
Section 3624’’.
SEC. 108. USE OF JUVENILE RECORDS.
Section 5038 of title 18, United States Code, is amend-
ed to read as follows:
‘‘§ 5038. Use of juvenile records
‘‘(a) IN GENERAL.—Throughout a juvenile delin-
quency proceeding under section 5032 or 5037, the records
of such proceeding shall be safeguarded from disclosure to
unauthorized persons, and shall only be released to the ex-
tent necessary for purposes of—
‘‘(1) compliance with section 5032(h);
‘‘(2) docketing and processing by the court;
‘‘(3) responding to an inquiry received from an-
other court of law;
‘‘(4) responding to an inquiry from an agency
preparing a presentence report for another court;
‘‘(5) responding to an inquiry from a law en-
forcement agency, if the request for information is re-
lated to the investigation of a crime or a position
within that agency or analysis requested by the Attor-
ney General;
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‘‘(6) responding to a written inquiry from the
director of a treatment agency or the director of a fa-
cility to which the juvenile has been committed by the
court;
‘‘(7) responding to an inquiry from an agency
considering the person for a position immediately and
directly affecting national security;
‘‘(8) responding to an inquiry from any victim
of such juvenile delinquency or, if the victim is de-
ceased, from a member of the immediate family of the
victim, related to the final disposition of such juvenile
by the court in accordance with section 5032 or 5037,
as applicable; and
‘‘(9) communicating with a victim of such juve-
nile delinquency or, in appropriate cases, with the of-
ficial representative of a victim, in order to—
‘‘(A) apprise the victim or representative of
the status or disposition of the proceeding;
‘‘(B) effectuate any other provision of law;
or
‘‘(C) assist in the allocution at disposition
of the victim or the representative of the victim.
‘‘(b) RECORDS OF ADJUDICATION.—
‘‘(1) TRANSMISSION TO FBI.—Upon an adjudica-
tion of delinquency under section 5032 or 5037, the
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court shall transmit to the Director of the Federal
Bureau of Investigation a record of such adjudication.
‘‘(2) MAINTAINING
RECORDS.—The Director of
the Federal Bureau of Investigation shall maintain,
in the central repository of the Federal Bureau of In-
vestigation, in accordance with the established prac-
tices and policies relating to adult criminal history
records of the Federal Bureau of Investigation—
‘‘(A) a fingerprint supported record of the
Federal adjudication of delinquency of any juve-
nile who commits an act that, if committed by
an adult, would constitute the offense of murder,
armed robbery, rape (except statutory rape), or
a felony offense involving sexual molestation of a
child, or a conspiracy or attempt to commit any
such offense, that is equivalent to, and main-
tained and disseminated in the same manner
and for the same purposes, as are adult criminal
history records for the same offenses; and
‘‘(B) a fingerprint supported record of the
Federal adjudication of delinquency of any juve-
nile who commits an act that, if committed by
an adult, would be any felony offense (other than
an offense described in subparagraph (A)) that is
equivalent to, and maintained and disseminated
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in the same manner, as are adult criminal his-
tory records for the same offenses—
‘‘(i) for use by and within the criminal
justice system for the detection, apprehen-
sion, detention, pretrial release, post-trial
release, 
prosecution, 
adjudication, 
sen-
tencing, disposition, correctional super-
vision, or rehabilitation of an accused per-
son, criminal offender, or juvenile delin-
quent; and
‘‘(ii) for purposes of responding to an
inquiry from an agency considering the
subject of the record for a position or clear-
ance immediately and directly affecting na-
tional security.
‘‘(3) AVAILABILITY OF RECORDS TO SCHOOLS IN
CERTAIN
CIRCUMSTANCES.—Notwithstanding para-
graph (2), the Director of the Federal Bureau of In-
vestigation shall make an adjudication record of a ju-
venile maintained pursuant to subparagraph (A) or
(B) of that paragraph, or conviction record described
in subsection (d), available to an official of an ele-
mentary, secondary, or post-secondary school, in ap-
propriate circumstances (as defined by and under
rules issued by the Attorney General), if—
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‘‘(A) the subject of the record is a student
enrolled at the school, or a juvenile who seeks, in-
tends, or is instructed to enroll at that school;
‘‘(B) the school official is subject to the same
standards and penalties under applicable Fed-
eral and State law relating to the handling and
disclosure of information contained in juvenile
adjudication records as are employees of law en-
forcement and juvenile justice agencies in the
State; and
‘‘(C) information contained in the record is
not used for the sole purpose of denying admis-
sion.
‘‘(c) NOTIFICATION OF RIGHTS.—A district court of
the United States that exercises jurisdiction over a juvenile
shall notify the juvenile, and a parent or guardian of the
juvenile, in writing, and in clear and nontechnical lan-
guage, of the rights of the juvenile relating to the adjudica-
tion record of the juvenile. Any juvenile may petition the
court after a period of 5 years to have a record relating
to such juvenile and described in this section (except a
record relating to an offense described in subsection
(b)(2)(A)) removed from the Federal Bureau of Investiga-
tion database if that juvenile can establish by clear and
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convincing evidence that the juvenile is no longer a danger
to the community.
‘‘(d) RECORDS OF JUVENILES TRIED AS ADULTS.—
In any case in which a juvenile is tried as an adult in
Federal court, the Federal criminal record of the juvenile
shall be made available in the same manner as is applicable
to the records of adult defendants.’’.
SEC. 109. IMPLEMENTATION OF A SENTENCE FOR JUVE-
NILE OFFENDERS.
(a) IN GENERAL.—Section 5039 of title 18, United
States Code, is amended to read as follows:
‘‘§ 5039. Implementation of a sentence
‘‘(a) IN GENERAL.—Except as otherwise provided in
this chapter, the sentence for a juvenile who is adjudicated
delinquent or found guilty of an offense under any pro-
ceeding in a district court of the United States under sec-
tion 5032 shall be carried out in the same manner as for
an adult defendant.
‘‘(b) SENTENCES OF IMPRISONMENT, PROBATION, AND
SUPERVISED RELEASE.—Subject to subsection (d), the im-
plementation of a sentence of imprisonment is governed by
subchapter C of chapter 229 and, if the sentence includes
a term of probation or supervised release, by subchapter A
of chapter 229.
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‘‘(c) SENTENCES OF FINES AND ORDERS OF RESTITU-
TION; SPECIAL ASSESSMENTS.—
‘‘(1) IN
GENERAL.—A sentence of a fine, an
order of restitution, or a special assessment under sec-
tion 3013 shall be implemented and collected in the
same manner as for an adult defendant.
‘‘(2) PROHIBITION.—The parent, guardian, or
custodian of a juvenile sentenced to pay a fine may
not be made liable for such payment by any court.
‘‘(d) SEGREGATION OF JUVENILES; CONDITIONS OF
CONFINEMENT.—
‘‘(1) IN GENERAL.—No juvenile committed for
incarceration, whether pursuant to an adjudication of
delinquency or conviction for an offense, to the cus-
tody of the Attorney General may, before the juvenile
attains the age of 18 years, be placed or retained in
any jail or correctional institution in which the juve-
nile has prohibited physical contact with adult in-
mate or can engage in sustained oral communication
with adult inmates. To the extent practicable, violent
juveniles shall be kept separate from nonviolent juve-
niles.
‘‘(2) REQUIREMENTS.—Each juvenile who is
committed for incarceration shall be provided with—
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‘‘(A) adequate food, heat, light, sanitary fa-
cilities, bedding, clothing, and recreation; and
‘‘(B) as appropriate, counseling, education,
training, and medical care (including necessary
psychiatric, psychological, or other care or treat-
ment).
‘‘(3) COMMITMENT TO FOSTER HOME OR COMMU-
NITY-BASED FACILITY.—Except in the case of a juve-
nile who is found guilty of a violent felony or who is
adjudicated delinquent for an offense that would be a
violent felony if the juvenile had been prosecuted as
an adult, the Attorney General shall commit a juve-
nile to a foster home or community-based facility lo-
cated in or near his home community if that commit-
ment is—
‘‘(A) practicable;
‘‘(B) in the best interest of the juvenile; and
‘‘(C) consistent with the safety of the com-
munity.’’.
(b) CONFORMING
AMENDMENT.—The analysis for
chapter 403 of title 18, United States Code, is amended by
striking the item relating to section 5039 and inserting the
following:
‘‘5039. Implementation of a sentence.’’.
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SEC. 110. MAGISTRATE JUDGE AUTHORITY REGARDING JU-
VENILE DEFENDANTS.
Section 3401(g) of title 18, United States Code, is
amended—
(1) in the second sentence, by inserting after
‘‘magistrate judge may, in any’’ the following: ‘‘class
A misdemeanor or any’’; and
(2) in the third sentence, by striking ‘‘, except
that no’’ and all that follows before the period at the
end of the subsection.
SEC. 111. FEDERAL SENTENCING GUIDELINES.
(a) APPLICATION OF GUIDELINES TO CERTAIN JUVE-
NILE DEFENDANTS.—Section 994(h) of title 28, United
States Code, is amended by inserting ‘‘, or in which the
defendant is a juvenile who is tried as an adult,’’ after ‘‘old
or older’’.
(b) GUIDELINES FOR JUVENILE CASES.—
(1) IN
GENERAL.—Section 994 of title 28,
United States Code, is amended by adding at the end
the following:
‘‘(z) GUIDELINES FOR JUVENILE CASES.—
‘‘(1) IN GENERAL.—Not later than 1 year after
the date of enactment of the Violent and Repeat Juve-
nile Offender Accountability and Rehabilitation Act
of 1999, the Commission, by affirmative vote of not
less than 4 members of the Commission, and pursuant
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to its rules and regulations and consistent with all
pertinent provisions of any Federal statute, shall pro-
mulgate and distribute to all courts of the United
States and to the United States Probation System—
‘‘(A) guidelines, as described in this section,
for use by a sentencing court in determining the
sentence to be imposed in a criminal case if the
defendant committed the offense as a juvenile,
and is tried as an adult pursuant to section
5032 of title 18, United States Code; and
‘‘(B) guidelines, as described in this section,
for use by a court in determining the sentence to
be imposed on a juvenile adjudicated delinquent
pursuant to section 5032 of title 18, United
States Code, and sentenced pursuant to a
dispositional hearing under section 5037 of title
18, United States Code.
‘‘(2) DETERMINATIONS.—In carrying out this
subsection, the Commission shall make the determina-
tions required by subsection (a)(1) and promulgate
the policy statements and guidelines required by
paragraphs (2) and (3) of subsection (a).
‘‘(3) CONSIDERATIONS.—In addition to any
other considerations required by this section, the Com-
mission, in promulgating guidelines—
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‘‘(A) pursuant to paragraph (1)(A), shall
presume the appropriateness of adult sentencing
provisions, but may make such adjustments to
sentence lengths and to provisions governing
downward departures from the guidelines as re-
flect the specific interests and circumstances of
juvenile defendants; and
‘‘(B) pursuant to paragraph (1)(B), shall
ensure that the guidelines—
‘‘(i) reflect the broad range of sen-
tencing options available to the court under
section 5037 of title 18, United States Code;
and
‘‘(ii) effectuate a policy of an account-
ability-based juvenile justice system that
provides substantial and appropriate sanc-
tions, that are graduated to reflect the sever-
ity or repeated nature of violations, for each
delinquent act, and reflect the specific inter-
ests and circumstances of juvenile defend-
ants.
‘‘(4) REVIEW PERIOD.—The review period speci-
fied by subsection (p) applies to guidelines promul-
gated pursuant to this subsection and any amend-
ments to those guidelines.’’.
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(2) TECHNICAL CORRECTION TO ASSURE COMPLI-
ANCE OF SENTENCING GUIDELINES WITH PROVISIONS
OF ALL FEDERAL STATUTES.—Section 994(a) of title
28, United States Code, is amended by striking ‘‘con-
sistent with all pertinent provisions of this title and
title 18, United States Code,’’ and inserting ‘‘con-
sistent with all pertinent provisions of any Federal
statute’’.
SEC. 112. STUDY AND REPORT ON INDIAN TRIBAL JURIS-
DICTION.
Not later than 18 months after the date of enactment
of this Act, the Attorney General shall conduct a study of
the juvenile justice systems of Indian tribes (as defined in
section 4(e) of the Indian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 450b(e))) and shall report
to the Chairman and Ranking Member of the Committee
on the Judiciary and the Committee on Indian Affairs of
the Senate and the Chairman and Ranking Member of the
Committee on the Judiciary of the House of Representatives
on—
(1) the extent to which tribal governments are
equipped to adjudicate felonies, misdemeanors, and
acts of delinquency committed by juveniles subject to
tribal jurisdiction; and
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(2) the need for and benefits from expanding the
jurisdiction of tribal courts and the authority to im-
pose the same sentences that can be imposed by Fed-
eral or State courts on such juveniles.
TITLE II—JUVENILE GANGS
SEC. 201. SOLICITATION OR RECRUITMENT OF PERSONS IN
CRIMINAL STREET GANG ACTIVITY.
(a) PROHIBITED ACTS.—Chapter 26 of title 18, United
States Code, is amended by adding at the end the following:
‘‘§ 522. Recruitment of persons to participate in crimi-
nal street gang activity
‘‘(a) PROHIBITED ACT.—It shall be unlawful for any
person, to use any facility in, or travel in, interstate or
foreign commerce, or cause another to do so, to recruit, so-
licit, induce, command, or cause another person to be or
remain as a member of a criminal street gang, or conspire
to do so, with the intent that the person being recruited,
solicited, induced, commanded or caused to be or remain
a member of such gang participate in an offense described
in section 521(c) of this title.
‘‘(b) PENALTIES.—Any person who violates subsection
(a) shall—
‘‘(1) if the person recruited, solicited, induced,
commanded, or caused—
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‘‘(A) is a minor, be imprisoned not less
than 4 years and not more than 10 years, fined
in accordance with this title, or both; or
‘‘(B) is not a minor, be imprisoned not less
than 1 year and not more than 10 years, fined
in accordance with this title, or both; and
‘‘(2) be liable for any costs incurred by the Fed-
eral Government or by any State or local government
for housing, maintaining, and treating the minor
until the minor attains the age of 18 years.
‘‘(c) DEFINITIONS.—In this section:
‘‘(1) CRIMINAL STREET GANG.—The term ‘crimi-
nal street gang’ has the meaning given the term in
section 521.
‘‘(2) MINOR.—The term ‘minor’ means a person
who is younger than 18 years of age.’’.
(b) CONFORMING
AMENDMENT.—The analysis for
chapter 26 of title 18, United States Code, is amended by
adding at the end the following:
‘‘522. Recruitment of persons to participate in criminal street gang activity.’’.
SEC. 202. INCREASED PENALTIES FOR USING MINORS TO
DISTRIBUTE DRUGS.
Section 420 of the Controlled Substances Act (21
U.S.C. 861) is amended—
(1) in subsection (b), by striking ‘‘one year’’ and
inserting ‘‘3 years’’; and
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(2) in subsection (c), by striking ‘‘one year’’ and
inserting ‘‘5 years’’.
SEC. 203. PENALTIES FOR USE OF MINORS IN CRIMES OF VI-
OLENCE.
(a) IN GENERAL.—Chapter 1 of title 18, United States
Code, is amended by adding at the end the following:
‘‘§ 25. Use of minors in crimes of violence
‘‘(a) PENALTIES.—Except as otherwise provided by
law, whoever, being not less than 18 years of age, knowingly
and intentionally uses a minor to commit a Federal offense
that is a crime of violence, or to assist in avoiding detection
or apprehension for such an offense, shall—
‘‘(1) be subject to 2 times the maximum impris-
onment and 2 times the maximum fine that would
otherwise be imposed for the offense; and
‘‘(2) for second or subsequent convictions under
this subsection, be subject to 3 times the maximum
imprisonment and 3 times the maximum fine that
would otherwise be imposed for the offense.
‘‘(b) DEFINITIONS.—In this section:
‘‘(1) CRIME OF VIOLENCE.—The term ‘crime of
violence’ has the meaning given the term in section 16
of this title.
‘‘(2) MINOR.—The term ‘minor’ means a person
who is less than 18 years of age.
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‘‘(3) USES.—The term ‘uses’ means employs,
hires, persuades, induces, entices, or coerces.’’.
(b) CONFORMING
AMENDMENT.—The analysis for
chapter 1 of title 18, United States Code, is amended by
adding at the end the following:
‘‘25. Use of minors in crimes of violence.’’.
SEC. 204. CRIMINAL STREET GANGS.
(a) IN GENERAL.—Section 521 of title 18, United
States Code, is amended—
(1) in subsection (a), in the second undesignated
paragraph—
(A) by striking ‘‘5’’ and inserting ‘‘3’’;
(B) by inserting ‘‘, whether formal or infor-
mal’’ after ‘‘or more persons’’; and
(C) in subparagraph (A), by inserting ‘‘or
activities’’ after ‘‘purposes’’;
(2) in subsection (b), by inserting after ‘‘10
years’’ the following: ‘‘and such person shall be subject
to the forfeiture prescribed in section 412 of the Con-
trolled Substances Act (21 U.S.C. 853)’’;
(3) in subsection (c)—
(A) in paragraph (2), by striking ‘‘and’’ at
the end;
(B) in paragraph (3), by striking the period
at the end and inserting a semicolon;
(C) by adding at the end the following:
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‘‘(3) that is a violation of section 522 (relating
to the recruitment of persons to participate in crimi-
nal gang activity);
‘‘(4) that is a violation of section 844, 875, or
876 (relating to extortion and threats), section 1084
(relating to gambling), section 1955 (relating to gam-
bling), or chapter 73 (relating to obstruction of jus-
tice);
‘‘(5) that is a violation of section 1956 (relating
to money laundering), to the extent that the violation
of such section is related to a Federal or State offense
involving a controlled substance (as that term is de-
fined in section 102 of the Controlled Substances Act
(21 U.S.C. 802)); or
‘‘(6) that is a violation of section 274(a)(1)(A),
277, or 278 of the Immigration and Nationality Act
(8 U.S.C. 1324(a)(1)(A), 1327, or 1328) (relating to
alien smuggling); and
‘‘(7) a conspiracy, attempt, or solicitation to
commit an offense described in paragraphs (1)
through (6).’’.
(b) TECHNICAL AND CONFORMING AMENDMENT.—Sec-
tion 3663(c)(4) of title 18, United States Code, is amended
by striking ‘‘chapter 46’’ and inserting ‘‘section 521, chap-
ter 46,’’.
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SEC. 205. HIGH INTENSITY INTERSTATE GANG ACTIVITY
AREAS.
(a) DEFINITIONS.—In this section:
(1) GOVERNOR.—The term ‘‘Governor’’ means a
Governor of a State or the Mayor of the District of
Columbia.
(2) HIGH INTENSITY INTERSTATE GANG ACTIVITY
AREA.—The term ‘‘high intensity interstate gang ac-
tivity area’’ means an area within a State that is
designated as a high intensity interstate gang activity
area under subsection (b)(1).
(3) STATE.—The term ‘‘State’’ means a State of
the United States or the District of Columbia.
(b) HIGH INTENSITY INTERSTATE GANG ACTIVITY
AREAS.—
(1) DESIGNATION.—The Attorney General, upon
consultation with the Secretary of the Treasury and
the Governors of appropriate States, may designate as
a high intensity interstate gang activity area a speci-
fied area that is located—
(A) within a State; or
(B) in more than 1 State.
(2) ASSISTANCE.—In order to provide Federal
assistance to a high intensity interstate gang activity
area, the Attorney General may—
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(A) facilitate the establishment of a regional
task force, consisting of Federal, State, and local
law enforcement authorities, for the coordinated
investigation, disruption, apprehension, and
prosecution of criminal activities of gangs and
gang members in the high intensity interstate
gang activity area; and
(B) direct the detailing from any Federal
department or agency (subject to the approval of
the head of that department or agency, in the
case of a department or agency other than the
Department of Justice) of personnel to the high
intensity interstate gang activity area.
(3) CRITERIA
FOR
DESIGNATION.—In consid-
ering an area (within a State or within more than
1 State) for designation as a high intensity interstate
gang activity area under this section, the Attorney
General shall consider—
(A) the extent to which gangs from the area
are involved in interstate or international crimi-
nal activity;
(B) the extent to which the area is affected
by the criminal activity of gang members who—
(i) are located in, or have relocated
from, other States; or
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(ii) are located in, or have immigrated
(legally or illegally) from, foreign countries;
(C) the extent to which the area is affected
by the criminal activity of gangs that originated
in other States or foreign countries;
(D) the extent to which State and local law
enforcement agencies have committed resources to
respond to the problem of criminal gang activity
in the area, as an indication of their determina-
tion to respond aggressively to the problem;
(E) the extent to which a significant in-
crease in the allocation of Federal resources
would enhance local response to gang-related
criminal activities in the area; and
(F) any other criteria that the Attorney
General considers to be appropriate.
(c) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—There is authorized to be ap-
propriated to carry out this section $100,000,000 for
each of fiscal years 1999 through 2004, to be used in
accordance with paragraph (2).
(2) USE OF FUNDS.—Of amounts made available
under paragraph (1) in each fiscal year—
(A) 60 percent shall be used to carry out
subsection (b)(2); and
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(B) 40 percent shall be used to make grants
for community-based programs to provide crime
prevention and intervention services that are de-
signed for gang members and at-risk youth in
areas designated pursuant to this section as high
intensity interstate gang activity areas.
(3) REQUIREMENT.—
(A) IN
GENERAL.—The Attorney General
shall ensure that not less than 10 percent of
amounts made available under paragraph (1) in
each fiscal year are used to assist rural States
affected as described in subparagraphs (B) and
(C) of subsection (b)(3).
(B) DEFINITION OF RURAL STATE.—In this
paragraph, the term ‘‘rural State’’ has the mean-
ing given the term in section 1501(b) of title I
of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3796bb(b)).
SEC. 206. INCREASING THE PENALTY FOR USING PHYSICAL
FORCE TO TAMPER WITH WITNESSES, VIC-
TIMS, OR INFORMANTS.
Section 1512 of title 18, United States Code, is
amended—
(1) in subsection (a)—
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(A) in paragraph (1), by striking ‘‘as pro-
vided in paragraph (2)’’ and inserting ‘‘as pro-
vided in paragraph (3)’’;
(B) by redesignating paragraph (2) as
paragraph (3);
(C) by inserting after paragraph (1) the fol-
lowing:
‘‘(2) USE OF PHYSICAL FORCE TO TAMPER WITH
WITNESSES, VICTIMS, OR INFORMANTS.—Whoever uses
physical force or the threat of physical force against
any person, or attempts to do so, with intent to—
‘‘(A) influence, delay, or prevent the testi-
mony of any person in an official proceeding;
‘‘(B) cause or induce any person to—
‘‘(i) withhold testimony, or withhold a
record, document, or other object, from an
official proceeding;
‘‘(ii) alter, destroy, mutilate, or conceal
an object with intent to impair the object’s
integrity or availability for use in an offi-
cial proceeding;
‘‘(iii) evade legal process summoning
that person to appear as a witness, or to
produce a record, document, or other object,
in an official proceeding; or
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‘‘(iv) be absent from an official pro-
ceeding to which such person has been sum-
moned by legal process; or
‘‘(C) hinder, delay, or prevent the commu-
nication to a law enforcement officer or judge of
the United States of information relating to the
commission or possible commission of a Federal
offense or a violation of conditions of probation,
parole, or release pending judicial proceedings;
shall be punished as provided in paragraph (3).’’;
and
(D) in paragraph (3), as redesignated, by
striking subparagraph (B) and inserting the fol-
lowing:
‘‘(B) in the case of—
‘‘(i) an attempt to murder; or
‘‘(ii) the use of physical force against
any person;
imprisonment for not more than 20 years.’’;
(2) in subsection (b), by striking ‘‘or physical
force’’; and
(3) by adding at the end the following:
‘‘(j) CONSPIRACY.—Whoever conspires to commit any
offense under this section or section 1513 shall be subject
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to the same penalties as those prescribed for the offense the
commission of which was the object of the conspiracy.’’.
SEC. 207. AUTHORITY TO MAKE GRANTS TO PROSECUTORS’
OFFICES 
TO 
COMBAT 
GANG 
CRIME 
AND
YOUTH VIOLENCE.
(a) IN GENERAL.—Section 31702 of subtitle Q of title
III of the Violent Crime Control and Law Enforcement Act
of 1994 (42 U.S.C. 13862) is amended—
(1) in paragraph (2), by striking ‘‘and’’ at the
end;
(2) in paragraph (4), by striking the period at
the end and inserting a semicolon; and
(3) by adding at the end the following:
‘‘(5) to allow the hiring of additional prosecu-
tors, so that more cases can be prosecuted and back-
logs reduced;
‘‘(6) to provide funding to enable prosecutors to
address drug, gang, and youth violence problems more
effectively;
‘‘(7) to provide funding to assist prosecutors with
funding for technology, equipment, and training to
assist prosecutors in reducing the incidence of, and
increase the successful identification and speed of
prosecution of young violent offenders; and
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‘‘(8) to provide funding to assist prosecutors in
their efforts to engage in community prosecution,
problem solving, and conflict resolution techniques
through collaborative efforts with police, school offi-
cials, probation officers, social service agencies, and
community organizations.’’.
(b) AUTHORIZATION
OF APPROPRIATIONS.—Section
31707 of subtitle Q of title III of the Violent Crime Control
and Law Enforcement Act of 1994 (42 U.S.C. 13867) is
amended to read as follows:
‘‘SEC. 31707. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated to carry out
this subtitle, $50,000,000 for 2000 through 2004.’’.
SEC. 208. INCREASE IN OFFENSE LEVEL FOR PARTICIPA-
TION IN CRIME AS A GANG MEMBER.
(a) DEFINITION OF CRIMINAL STREET GANG.—In this
section, the term ‘‘criminal street gang’’ has the meaning
given that term in section 521(a) of title 18, United States
Code, as amended by section 204 of this Act.
(b) AMENDMENT OF SENTENCING GUIDELINES.—
(1) IN
GENERAL.—Pursuant to its authority
under section 994(p) of title 28, United States Code,
the United States Sentencing Commission shall
amend the Federal Sentencing Guidelines to provide
an appropriate enhancement for any Federal offense
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described in section 521(c) of title 18, United States
Code as amended by section 204 of this Act, if the of-
fense was both committed in connection with, or in
furtherance of, the activities of a criminal street gang
and the defendant was a member of the criminal
street gang at the time of the offense.
(2) FACTORS
TO
BE
CONSIDERED.—In deter-
mining an appropriate enhancement under this sec-
tion, the United States Sentencing Commission shall
give great weight to the seriousness of the offense, the
offender’s relative position in the criminal gang, and
the risk of death or serious bodily injury to any per-
son posed by the offense.
(c) CONSTRUCTION WITH OTHER GUIDELINES.—The
amendment made by subsection (b) shall provide that the
increase in the offense level shall be in addition to any other
adjustment under chapter 3 of the Federal Sentencing
Guidelines.
SEC. 209. INTERSTATE AND FOREIGN TRAVEL OR TRANS-
PORTATION IN AID OF CRIMINAL GANGS.
(a) TRAVEL ACT AMENDMENT.—Section 1952 of title
18, United States Code, is amended to read as follows:
‘‘§ 1952. Interstate and foreign travel or transpor-
tation in aid of racketeering enterprises
‘‘(a) PROHIBITED CONDUCT AND PENALTIES.—
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‘‘(1) IN GENERAL.—Whoever—
‘‘(A) travels in interstate or foreign com-
merce or uses the mail or any facility in inter-
state or foreign commerce, with intent to—
‘‘(i) distribute the proceeds of any un-
lawful activity; or
‘‘(ii) otherwise promote, manage, estab-
lish, carry on, or facilitate the promotion,
management, establishment, or carrying on,
of any unlawful activity; and
‘‘(B) after travel or use of the mail or any
facility in interstate or foreign commerce de-
scribed in subparagraph (A), performs, attempts
to perform, or conspires to perform an act de-
scribed in clause (i) or (ii) of subparagraph (A);
shall be fined under this title, imprisoned not more
than 10 years, or both.
‘‘(2) CRIMES OF VIOLENCE.—Whoever—
‘‘(A) travels in interstate or foreign com-
merce or uses the mail or any facility in inter-
state or foreign commerce, with intent to commit
any crime of violence to further any unlawful
activity; and
‘‘(B) after travel or use of the mail or any
facility in interstate or foreign commerce de-
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scribed in subparagraph (A), commits, attempts
to commit, or conspires to commit any crime of
violence to further any unlawful activity;
shall be fined under this title, imprisoned for not
more than 20 years, or both, and if death results shall
be sentenced to death or be imprisoned for any term
of years or for life.
‘‘(b) DEFINITIONS.—In this section:
‘‘(1) CONTROLLED SUBSTANCE.—The term ‘con-
trolled substance’ has the meaning given that term in
section 102(6) of the Controlled Substances Act (21
U.S.C. 802(6)).
‘‘(2) STATE.—The term ‘State’ includes a State
of the United States, the District of Columbia, and
any commonwealth, territory, or possession of the
United States.
‘‘(3) UNLAWFUL ACTIVITY.—The term ‘unlawful
activity’ means—
‘‘(A) any business enterprise involving gam-
bling, liquor on which the Federal excise tax has
not been paid, narcotics or controlled substances,
or prostitution offenses in violation of the laws
of the State in which the offense is committed or
of the United States;
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‘‘(B) extortion, bribery, arson, burglary if
the offense involves property valued at not less
than $10,000, assault with a deadly weapon, as-
sault resulting in bodily injury, shooting at an
occupied dwelling or motor vehicle, or retaliation
against or intimidation of witnesses, victims, ju-
rors, or informants, in violation of the laws of
the State in which the offense is committed or of
the United States;
‘‘(C) the use of bribery, force, intimidation,
or threat, directed against any person, to delay
or influence the testimony of or prevent from tes-
tifying a witness in a State criminal proceeding
or by any such means to cause any person to de-
stroy, alter, or conceal a record, document, or
other object, with intent to impair the object’s in-
tegrity or availability for use in such a pro-
ceeding; or
‘‘(D) any act that is indictable under sec-
tion 1956 or 1957 of this title or under sub-
chapter II of chapter 53 of title 31.’’.
(b) AMENDMENT OF SENTENCING GUIDELINES.—
(1) IN
GENERAL.—Pursuant to its authority
under section 994(p) of title 28, United States Code,
the United States Sentencing Commission shall
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amend chapter 2 of the Federal Sentencing Guidelines
to provide an appropriate increase in the offense lev-
els for traveling in interstate or foreign commerce in
aid of unlawful activity.
(2) UNLAWFUL ACTIVITY DEFINED.—In this sub-
section, the term ‘‘unlawful activity’’ has the meaning
given that term in section 1952(b) of title 18, United
States Code, as amended by this section.
(3) SENTENCING ENHANCEMENT FOR RECRUIT-
MENT ACROSS STATE LINES.—Pursuant to its author-
ity under section 994(p) of title 28, United States
Code, the United States Sentencing Commission shall
amend the Federal Sentencing Guidelines to provide
an appropriate enhancement for a person who, in vio-
lating section 522 of title 18, United States Code (as
added by section 201 of this Act), recruits, solicits, in-
duces, commands, or causes another person residing
in another State to be or to remain a member of a
criminal street gang, or crosses a State line with the
intent to recruit, solicit, induce, command, or cause
another person to be or to remain a member of a
criminal street gang.
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SEC. 210. PROHIBITIONS RELATING TO FIREARMS.
(a) SERIOUS JUVENILE DRUG OFFENSES AS ARMED
CAREER CRIMINAL PREDICATES.—Section 924(e)(2)(A) of
title 18, United States Code, is amended—
(1) in clause (i), by striking ‘‘or’’ at the end;
(2) in clause (ii), by adding ‘‘or’’ at the end; and
(3) by adding at the end the following:
‘‘(iii) any act of juvenile delinquency that,
if committed by an adult, would be an offense
described in clause (i) or (ii);’’.
(b) TRANSFER OF FIREARMS TO MINORS FOR USE IN
CRIME.—Section 924(h) of title 18, United States Code, is
amended by inserting ‘‘and if the transferee is a person who
is under 18 years of age, imprisoned not less than 3 years,’’
after ‘‘10 years,’’.
SEC. 211. CLONE PAGERS.
(a) IN GENERAL.—Section 2511(2)(h) of title 18,
United States Code, is amended by striking clause (i) and
inserting the following:
‘‘(i) to use a pen register, trap and trace device,
or clone pager, as those terms are defined in chapter
206 of this title (relating to pen registers, trap and
trace devices, and clone pagers); or’’;
(b) EXCEPTION.—Section 3121 of title 18, United
States Code, is amended—
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(1) by striking subsection (a) and inserting the
following:
‘‘(a) IN GENERAL.—Except as provided in this section,
no person may install or use a pen register, trap and trace
device, or clone pager without first obtaining a court order
under section 3123 or 3129 of this title, or under the For-
eign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801
et seq.).’’;
(2) in subsection (b), by striking ‘‘a pen register
or a trap and trace device’’ and inserting ‘‘a pen reg-
ister, trap and trace device, or clone pager’’; and
(3) by striking the section heading and inserting
the following:
‘‘§ 3121. General prohibition on pen register, trap and
trace device, and clone pager use; excep-
tion’’.
(c) ASSISTANCE.—Section 3124 of title 18, United
States Code, is amended—
(1) by redesignating subsections (c) through (f)
as subsections (d) through (g), respectively;
(2) by inserting after subsection (b) the fol-
lowing:
‘‘(c) CLONE PAGER.—Upon the request of an attorney
for the Government or an officer of a law enforcement agen-
cy authorized to use a clone pager under this chapter, a
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provider of electronic communication service shall furnish
to such investigative or law enforcement officer all informa-
tion, facilities, and technical assistance necessary to accom-
plish the use of the clone pager unobtrusively and with a
minimum of interference with the services that the person
so ordered by the court provides to the subscriber, if such
assistance is directed by a court order, as provided in sec-
tion 3129(b)(2) of this title.’’; and
(3) by striking the section heading and inserting
the following:
‘‘§ 3124. Assistance in installation and use of a pen
register, trap and trace device, or clone
pager’’.
(d) EMERGENCY INSTALLATIONS.—Section 3125 of
title 18, United States Code, is amended—
(1) by striking ‘‘pen register or a trap and trace
device’’ and ‘‘pen register or trap and trace device’’
each place they appear and inserting ‘‘pen register,
trap and trace device, or clone pager’’;
(2) in subsection (a), by striking ‘‘an order ap-
proving the installation or use is issued in accordance
with section 3123 of this title’’ and inserting ‘‘an ap-
plication is made for an order approving the installa-
tion or use in accordance with section 3122 or section
3128 of this title’’;
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(3) in subsection (b), by adding at the end the
following: ‘‘If such application for the use of a clone
pager is denied, or in any other case in which the use
of the clone pager is terminated without an order
having been issued, an inventory shall be served as
provided for in section 3129(e) of this title.’’; and
(4) by striking the section heading and inserting
the following:
‘‘§ 3125. Emergency installation and use of pen reg-
ister, trap and trace device, and clone
pager’’.
(e) REPORTS.—Section 3126 of title 18, United States
Code, is amended—
(1) by striking ‘‘pen register orders and orders
for trap and trace devices’’ and inserting ‘‘orders for
pen registers, trap and trace devices, and clone
pagers’’; and
(2) by striking the section heading and inserting
the following:
‘‘§ 3126. Reports concerning pen registers, trap and
trace devices, and clone pagers’’.
(f) DEFINITIONS.—Section 3127 of title 18, United
States Code, is amended—
(1) in paragraph (2)—
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(A) in subparagraph (A), by striking ‘‘or’’
at the end; and
(B) by striking subparagraph (B) and in-
serting the following:
‘‘(B) with respect to an application for the
use of a pen register or trap and trace device, a
court of general criminal jurisdiction of a State
authorized by the law of that State to enter or-
ders authorizing the use of a pen register or a
trap and trace device; or
‘‘(C) with respect to an application for the
use of a clone pager, a court of general criminal
jurisdiction of a State authorized by the law of
that State to issue orders authorizing the use of
a clone pager;’’;
(2) in paragraph (5), by striking ‘‘and’’ at the
end;
(3) in paragraph (6), by striking the period at
the end and inserting ‘‘; and’’; and
(4) by adding at the end the following:
‘‘(7) the term ‘clone pager’ means a numeric dis-
play device that receives communications intended for
another numeric display paging device.’’.
(g) APPLICATIONS.—Chapter 206 of title 18, United
States Code, is amended by adding at the end the following:
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‘‘§ 3128. Application for an order for use of a clone
pager
‘‘(a) APPLICATION.—
‘‘(1) FEDERAL REPRESENTATIVES.—Any attor-
ney for the Government may apply to a court of com-
petent jurisdiction for an order or an extension of an
order under section 3129 of this title authorizing the
use of a clone pager.
‘‘(2) STATE REPRESENTATIVES.—A State inves-
tigative or law enforcement officer may, if authorized
by a State statute, apply to a court of competent ju-
risdiction of such State for an order or an extension
of an order under section 3129 of this title author-
izing the use of a clone pager.
‘‘(b) CONTENTS
OF APPLICATION.—An application
under subsection (a) of this section shall include—
‘‘(1) the identity of the attorney for the Govern-
ment or the State law enforcement or investigative of-
ficer making the application and the identity of the
law enforcement agency conducting the investigation;
‘‘(2) the identity, if known, of the individual or
individuals using the numeric display paging device
to be cloned;
‘‘(3) a description of the numeric display paging
device to be cloned;
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‘‘(4) a description of the offense to which the in-
formation likely to be obtained by the clone pager re-
lates;
‘‘(5) the identity, if known, of the person who is
subject of the criminal investigation; and
‘‘(6) an affidavit or affidavits, sworn to before
the court of competent jurisdiction, establishing prob-
able cause to believe that information relevant to an
ongoing criminal investigation being conducted by
that agency will be obtained through use of the clone
pager.
‘‘§ 3129. Issuance of an order for use of a clone pager
‘‘(a) IN GENERAL.—Upon an application made under
section 3128 of this title, the court shall enter an ex parte
order authorizing the use of a clone pager within the juris-
diction of the court if the court finds that the application
has established probable cause to believe that information
relevant to an ongoing criminal investigation being con-
ducted by that agency will be obtained through use of the
clone pager.
‘‘(b) CONTENTS OF AN ORDER.—An order issued under
this section—
‘‘(1) shall specify—
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‘‘(A) the identity, if known, of the indi-
vidual or individuals using the numeric display
paging device to be cloned;
‘‘(B) the numeric display paging device to
be cloned;
‘‘(C) the identity, if known, of the subscriber
to the pager service; and
‘‘(D) the offense to which the information
likely to be obtained by the clone pager relates;
and
‘‘(2) shall direct, upon the request of the appli-
cant, the furnishing of information, facilities, and
technical assistance necessary to use the clone pager
under section 3124 of this title.
‘‘(c) TIME PERIOD AND EXTENSIONS.—
‘‘(1) IN GENERAL.—An order issued under this
section shall authorize the use of a clone pager for a
period not to exceed 30 days. Such 30-day period
shall begin on the earlier of the day on which the in-
vestigative or law enforcement officer first begins use
of the clone pager under the order or the tenth day
after the order is entered.
‘‘(2) EXTENSIONS.—Extensions of an order
issued under this section may be granted, but only
upon an application for an order under section 3128
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of this title and upon the judicial finding required by
subsection (a). An extension under this paragraph
shall be for a period not to exceed 30 days.
‘‘(3) REPORT.—Within a reasonable time after
the termination of the period of a clone pager order
or any extensions thereof under this subsection, the
applicant shall report to the issuing court the number
of numeric pager messages acquired through the use
of the clone pager during such period.
‘‘(d) NONDISCLOSURE
OF
EXISTENCE
OF
CLONE
PAGER.—An order authorizing the use of a clone pager
shall direct that—
‘‘(1) the order shall be sealed until otherwise or-
dered by the court; and
‘‘(2) the person who has been ordered by the
court to provide assistance to the applicant may not
disclose the existence of the clone pager or the exist-
ence of the investigation to the listed subscriber, or to
any other person, until otherwise ordered by the
court.
‘‘(e) NOTIFICATION.—
‘‘(1) IN GENERAL.—Within a reasonable time,
not later than 90 days after the date of termination
of the period of a clone pager order or any extensions
thereof, the issuing judge shall cause to be served, on
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the individual or individuals using the numeric dis-
play paging device that was cloned, an inventory in-
cluding notice of—
‘‘(A) the fact of the entry of the order or the
application;
‘‘(B) the date of the entry and the period of
clone pager use authorized, or the denial of the
application; and
‘‘(C) whether or not information was ob-
tained through the use of the clone pager.
‘‘(2) POSTPONEMENT.—Upon an ex-parte show-
ing of good cause, a court of competent jurisdiction
may in its discretion postpone the serving of the no-
tice required by this subsection.’’.
(h) CLERICAL AMENDMENTS.—The table of sections for
chapter 206 of title 18, United States Code, is amended—
(1) by striking the item relating to section 3121
and inserting the following:
‘‘3121. General prohibition on pen register, trap and trace device, and clone pager
use; exception.’’;
(2) by striking the items relating to sections
3124, 3125, and 3126 and inserting the following:
‘‘3124. Assistance in installation and use of a pen register, trap and trace device,
or clone pager.
‘‘3125. Emergency installation and use of pen register, trap and trace device, and
clone pager.
‘‘3126. Reports concerning pen registers, trap and trace devices, and clone
pagers.’’; and
(3) by adding at the end the following:
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‘‘3128. Application for an order for use of a clone pager.
‘‘3129. Issuance of an order for use of a clone pager’’.
(i) CONFORMING AMENDMENT.—Section 704(a) of the
Communications Act of 1934 (47 U.S.C. 605(a)) is amend-
ed by striking ‘‘chapter 119,’’ and inserting ‘‘chapters 119
and 206 of’’.
TITLE 
III—JUVENILE 
CRIME
CONTROL, ACCOUNTABILITY,
AND DELINQUENCY PREVEN-
TION
Subtitle A—Reform of the Juvenile
Justice and Delinquency Preven-
tion Act of 1974
SEC. 301. FINDINGS; DECLARATION OF PURPOSE; DEFINI-
TIONS.
Title I of the Juvenile Justice and Delinquency Pre-
vention Act of 1974 (42 U.S.C. 5601 et seq.) is amended
to read as follows:
‘‘TITLE I—FINDINGS AND
DECLARATION OF PURPOSE
‘‘SEC. 101. FINDINGS.
‘‘Congress makes the following findings:
‘‘(1) During the past decade, the United States
has experienced an alarming increase in arrests of
adolescents for murder, assault, and weapons offenses.
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‘‘(2) In 1994, juveniles accounted for 1 in 5 ar-
rests for violent crimes, including murder, robbery,
aggravated assault, and rape, including 514 such ar-
rests per 100,000 juveniles 10 through 17 years of age.
‘‘(3) Understaffed and overcrowded juvenile
courts, prosecutorial and public defender offices, pro-
bation services, and correctional facilities no longer
adequately address the changing nature of juvenile
crime, protect the public, or correct youth offenders.
‘‘(4) The juvenile justice system has proven inad-
equate to meet the needs of society and the needs of
children who may be at risk of becoming delinquents
are not being met.
‘‘(5) Existing programs and policies have not
adequately responded to the particular threats that
drugs, alcohol abuse, violence, and gangs pose to the
youth of the Nation.
‘‘(6) Projected demographic increases in the
number of youth offenders require reexamination of
current prosecution and incarceration policies for se-
rious violent youth offenders and crime prevention
policies.
‘‘(7) State and local communities require assist-
ance to deal comprehensively with the problems of ju-
venile delinquency.
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‘‘(8) Existing Federal programs have not pro-
vided the States with necessary flexibility, nor have
these programs provided the coordination, resources,
and leadership required to meet the crisis of youth vi-
olence.
‘‘(9) Overlapping and uncoordinated Federal
programs have created a multitude of Federal funding
streams to States and units of local government, that
have become a barrier to effective program coordina-
tion, responsive public safety initiatives, and the pro-
vision of comprehensive services for children and
youth.
‘‘(10) Violent crime by juveniles constitutes a
growing threat to the national welfare that requires
an immediate and comprehensive governmental re-
sponse, combining flexibility and coordinated evalua-
tion.
‘‘(11) The role of the Federal Government should
be to encourage and empower communities to develop
and implement policies to protect adequately the pub-
lic from serious juvenile crime as well as implement
quality prevention programs that work with at-risk
juveniles, their families, local public agencies, and
community-based organizations.
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‘‘(12) A strong partnership among law enforce-
ment, local government, juvenile and family courts,
schools, public recreation agencies, businesses, philan-
thropic organizations, families, and the religious com-
munity, can create a community environment that
supports the youth of the Nation in reaching their
highest potential and reduces the destructive trend of
juvenile crime.
‘‘SEC. 102. PURPOSE AND STATEMENT OF POLICY.
‘‘(a) IN GENERAL.—The purposes of this Act are to—
‘‘(1) empower States and communities to develop
and implement comprehensive programs that support
families, reduce risk factors, and prevent serious
youth crime and juvenile delinquency;
‘‘(2) protect the public and to hold juveniles ac-
countable for their acts;
‘‘(3) encourage and promote, consistent with the
ideals of federalism, the adoption by the States of
policies recognizing the rights of victims in the juve-
nile justice system, and ensuring that the victims of
violent crimes committed by juveniles receive the same
level of justice as do the victims of violent crimes com-
mitted by adults;
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‘‘(4) provide for the thorough and ongoing eval-
uation of all federally funded programs addressing ju-
venile crime and delinquency;
‘‘(5) provide technical assistance to public and
private nonprofit entities that protect public safety,
administer justice and corrections to delinquent
youth, or provide services to youth at risk of delin-
quency, and their families;
‘‘(6) establish a centralized research effort on the
problems of youth crime and juvenile delinquency, in-
cluding the dissemination of the findings of such re-
search and all related data;
‘‘(7) establish a Federal assistance program to
deal with the problems of runaway and homeless
youth;
‘‘(8) assist States and units of local government
in improving the administration of justice for juve-
niles;
‘‘(9) assist the States and units of local govern-
ment in reducing the level of youth violence and juve-
nile delinquency;
‘‘(10) assist States and units of local government
in promoting public safety by supporting juvenile de-
linquency prevention and control activities;
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‘‘(11) encourage and promote programs designed
to keep in school juvenile delinquents expelled or sus-
pended for disciplinary reasons;
‘‘(12) assist States and units of local government
in promoting public safety by encouraging account-
ability for acts of juvenile delinquency;
‘‘(13) assist States and units of local government
in promoting public safety by improving the extent,
accuracy, availability and usefulness of juvenile court
and law enforcement records and the openness of the
juvenile justice system;
‘‘(14) assist States and units of local government
in promoting public safety by encouraging the identi-
fication of violent and hardcore juveniles;
‘‘(15) assist States and units of local government
in promoting public safety by providing resources to
States to build or expand juvenile detention facilities;
‘‘(16) provide for the evaluation of federally as-
sisted juvenile crime control programs, and the train-
ing necessary for the establishment and operation of
such programs;
‘‘(17) ensure the dissemination of information
regarding juvenile crime control programs by pro-
viding a national clearinghouse; and
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‘‘(18) provide technical assistance to public and
private nonprofit juvenile justice and delinquency
prevention programs.
‘‘(b) STATEMENT OF POLICY.—It is the policy of Con-
gress to provide resources, leadership, and coordination
to—
‘‘(1) combat youth violence and to prosecute and
punish effectively violent juvenile offenders;
‘‘(2) enhance efforts to prevent juvenile crime
and delinquency; and
‘‘(3) improve the quality of juvenile justice in the
United States.
‘‘SEC. 103. DEFINITIONS.
‘‘In this Act:
‘‘(1) 
ADMINISTRATOR.—The 
term 
‘Adminis-
trator’ means the Administrator of the Office of Juve-
nile Crime Control and Prevention, appointed in ac-
cordance with section 201.
‘‘(2) ADULT INMATE.—The term ‘adult inmate’
means an individual who—
‘‘(A) has reached the age of full criminal re-
sponsibility under applicable State law; and
‘‘(B) has been arrested and is in custody
for, awaiting trial on, or convicted of criminal
charges.
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‘‘(3) BOOT CAMP.—The term ‘boot camp’ means
a residential facility (excluding a private residence)
at which there are provided—
‘‘(A) a highly regimented schedule of dis-
cipline, physical training, work, drill, and cere-
mony characteristic of military basic training;
‘‘(B) regular, remedial, special, and voca-
tional education;
‘‘(C) counseling and treatment for substance
abuse and other health and mental health prob-
lems;
‘‘(D) supervision by properly screened staff,
who are trained and experienced in working
with juveniles or young adults, in highly struc-
tured, disciplined surroundings, characteristic of
a military environment; and
‘‘(E) participation in community service
programs, such as counseling sessions, men-
toring, 
community 
service, 
or 
restitution
projects, and a comprehensive aftercare plan de-
veloped through close coordination with Federal,
State, and local agencies, and in cooperation
with business and private organizations, as ap-
propriate.
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‘‘(4) BUREAU
OF
JUSTICE
ASSISTANCE.—The
term ‘Bureau of Justice Assistance’ means the bureau
established by section 401 of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3741).
‘‘(5) BUREAU
OF
JUSTICE
STATISTICS.—The
term ‘Bureau of Justice Statistics’ means the bureau
established by section 302(a) of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3732).
‘‘(6) COLLOCATED FACILITIES.—The term ‘collo-
cated facilities’ means facilities that are located in the
same building, or are part of a related complex of
buildings located on the same grounds.
‘‘(7) COMBINATION.—The term ‘combination’ as
applied to States or units of local government means
any grouping or joining together of such States or
units for the purpose of preparing, developing, or im-
plementing a juvenile crime control and delinquency
prevention plan.
‘‘(8) COMMUNITY-BASED.—The term ‘commu-
nity-based’ facility, program, or service means a
small, open group home or other suitable place located
near the juvenile’s home or family and programs of
community supervision and service that maintain
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community and consumer participation in the plan-
ning operation, and evaluation of their programs
which may include, medical, educational, vocational,
social, and psychological guidance, training, special
education, counseling, alcoholism treatment, drug
treatment, and other rehabilitative services.
‘‘(9) COMPREHENSIVE AND COORDINATED SYS-
TEM OF SERVICES.—The term ‘comprehensive and co-
ordinated system of services’ means a system that—
‘‘(A) ensures that services and funding for
the prevention and treatment of juvenile delin-
quency are consistent with policy goals of pre-
serving families and providing appropriate serv-
ices in the least restrictive environment so as to
simultaneously protect juveniles and maintain
public safety;
‘‘(B) identifies, and intervenes early for the
benefit of, young children who are at risk of de-
veloping emotional or behavioral problems be-
cause of physical or mental stress or abuse, and
for the benefit of their families;
‘‘(C) increases interagency collaboration
and family involvement in the prevention and
treatment of juvenile delinquency; and
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‘‘(D) encourages private and public part-
nerships in the delivery of services for the pre-
vention and treatment of juvenile delinquency.
‘‘(10) CONSTRUCTION.—The term ‘construction’
means erection of new buildings or acquisition, ex-
pansion, remodeling, and alteration of existing build-
ings, and initial equipment of any such buildings, or
any combination of such activities (including archi-
tects’ fees but not the cost of acquisition of land for
buildings).
‘‘(11) FEDERAL JUVENILE CRIME CONTROL, PRE-
VENTION, AND JUVENILE OFFENDER ACCOUNTABILITY
PROGRAM.—The term ‘Federal juvenile crime control,
prevention, and juvenile offender accountability pro-
gram’ means any Federal program a primary objec-
tive of which is the prevention of juvenile crime or re-
duction of the incidence of arrest, the commission of
criminal acts or acts of delinquency, violence, the use
of alcohol or illegal drugs, or the involvement in
gangs among juveniles.
‘‘(12) GENDER-SPECIFIC
SERVICES.—The term
‘gender-specific services’ means services designed to
address needs unique to the gender of the individual
to whom such services are provided.
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‘‘(13) GRADUATED SANCTIONS.—The term ‘grad-
uated sanctions’ means an accountability-based juve-
nile justice system that protects the public, and holds
juvenile delinquents accountable for acts of delin-
quency by providing substantial and appropriate
sanctions that are graduated in such a manner as to
reflect (for each act of delinquency or offense) the se-
verity or repeated nature of that act or offense, and
in which there is sufficient flexibility to allow for in-
dividualized sanctions and services suited to the indi-
vidual juvenile offender.
‘‘(14) HOME-BASED
ALTERNATIVE
SERVICES.—
The term ‘home-based alternative services’ means serv-
ices provided to a juvenile in the home of the juvenile
as an alternative to incarcerating the juvenile, and
includes home detention.
‘‘(15) INDIAN TRIBE.—The term ‘Indian tribe’
means any Indian tribe, band, nation, or other orga-
nized group or community, including any Alaska Na-
tive village or regional or village corporation as de-
fined in or established pursuant to the Alaska Native
Claims Settlement Act (43 U.S.C. 1601 et seq.), that
is recognized as eligible for the special programs and
services provided by the United States to Indians be-
cause of their status as Indians.
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‘‘(16) JUVENILE.—The term ‘juvenile’ means a
person who has not attained the age of 18 years who
is subject to delinquency proceedings under applicable
State law.
‘‘(17) JUVENILE POPULATION.—The term ‘juve-
nile population’ means the population of a State
under 18 years of age.
‘‘(18) JAIL OR LOCKUP FOR ADULTS.—The term
‘jail or lockup for adults’ means a locked facility that
is used by a State, unit of local government, or any
law enforcement authority to detain or confine
adults—
‘‘(A) pending the filing of a charge of vio-
lating a criminal law;
‘‘(B) awaiting trial on a criminal charge;
or
‘‘(C) convicted of violating a criminal law.
‘‘(19) JUVENILE DELINQUENCY PROGRAM.—The
term ‘juvenile delinquency program’ means any pro-
gram or activity related to juvenile delinquency pre-
vention, control, diversion, treatment, rehabilitation,
planning, 
education, 
training, 
and 
research,
including—
‘‘(A) drug and alcohol abuse programs;
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‘‘(B) the improvement of the juvenile justice
system; and
‘‘(C) any program or activity that is de-
signed to reduce known risk factors for juvenile
delinquent behavior, by providing activities that
build on protective factors for, and develop com-
petencies in, juveniles to prevent and reduce the
rate of delinquent juvenile behavior.
‘‘(20) LAW ENFORCEMENT AND CRIMINAL JUS-
TICE.—The term ‘law enforcement and criminal jus-
tice’ means any activity pertaining to crime preven-
tion, control, or reduction or the enforcement of the
criminal law, including, but not limited to police ef-
forts to prevent, control, or reduce crime or to appre-
hend criminals, activities of courts having criminal
jurisdiction and related agencies (including prosecu-
torial and defender services), activities of corrections,
probation, or parole authorities, and programs relat-
ing to the prevention, control, or reduction of juvenile
delinquency or narcotic addiction.
‘‘(21) NATIONAL
INSTITUTE
OF
JUSTICE.—The
term ‘National Institute of Justice’ means the insti-
tute established by section 202(a) of title I of the Om-
nibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3721).
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‘‘(22) NONPROFIT
ORGANIZATION.—The term
‘nonprofit organization’ means an organization de-
scribed in section 501(c)(3) of the Internal Revenue
Code of 1986 that is exempt from taxation under sec-
tion 501(a) of the Internal Revenue Code of 1986.
‘‘(23) OFFICE.—The term ‘Office’ means the Of-
fice of Juvenile Crime Control and Prevention estab-
lished under section 201.
‘‘(24) OFFICE OF JUSTICE PROGRAMS.—The term
‘Office of Justice Programs’ means the office estab-
lished by section 101 of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C.
3711).
‘‘(25) OUTCOME OBJECTIVE.—The term ‘outcome
objective’ means an objective that relates to the impact
of a program or initiative, that measures the reduc-
tion of high risk behaviors, such as incidence of ar-
rest, the commission of criminal acts or acts of delin-
quency, failure in school, violence, the use of alcohol
or illegal drugs, involvement of youth gangs, violent
and unlawful acts of animal cruelty, and teenage
pregnancy, among youth in the community.
‘‘(26) PROCESS OBJECTIVE.—The term ‘process
objective’ means an objective that relates to the man-
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ner in which a program or initiative is carried out,
including—
‘‘(A) an objective relating to the degree to
which the program or initiative is reaching the
target population; and
‘‘(B) an objective relating to the degree to
which the program or initiative addresses known
risk factors for youth problem behaviors and in-
corporates activities that inhibit the behaviors
and that build on protective factors for youth.
‘‘(27) PROHIBITED PHYSICAL CONTACT.—
‘‘(A) IN
GENERAL.—The term ‘prohibited
physical contact’ means—
‘‘(i) any physical contact between a ju-
venile and an adult inmate; and
‘‘(ii) proximity that provides an op-
portunity for physical contact between a ju-
venile and an adult inmate.
‘‘(B) EXCLUSION.—The term does not in-
clude supervised proximity between a juvenile
and an adult inmate that is brief and inad-
vertent, or accidental, in secure areas of a facil-
ity that are not dedicated to use by juvenile of-
fenders and that are nonresidential, which may
include dining, recreational, educational, voca-
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tional, health care, entry areas, and passage-
ways.
‘‘(28) RELATED COMPLEX OF BUILDINGS.—The
term ‘related complex of buildings’ means 2 or more
buildings that share—
‘‘(A) physical features, such as walls and
fences, or services beyond mechanical services
(heating, air conditioning, water and sewer); or
‘‘(B) the specialized services that are allow-
able under section 31.303(e)(3)(i)(C)(3) of title
28, Code of Federal Regulations, as in effect on
December 10, 1996.
‘‘(29) SECURE
CORRECTIONAL
FACILITY.—The
term ‘secure correctional facility’ means any public or
private residential facility that—
‘‘(A) includes construction fixtures designed
to physically restrict the movements and activi-
ties of juveniles or other individuals held in law-
ful custody in such facility; and
‘‘(B) is used for the placement, after adju-
dication and disposition, of any juvenile who has
been adjudicated as having committed an offense
or any other individual convicted of a criminal
offense.
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‘‘(30) SECURE DETENTION FACILITY.—The term
‘secure detention facility’ means any public or private
residential facility that—
‘‘(A) includes construction fixtures designed
to physically restrict the movements and activi-
ties of juveniles or other individuals held in law-
ful custody in such facility; and
‘‘(B) is used for the temporary placement of
any juvenile who is accused of having committed
an offense or of any other individual accused of
having committed a criminal offense.
‘‘(31) SERIOUS CRIME.—The term ‘serious crime’
means criminal homicide, rape or other sex offenses
punishable as a felony, mayhem, kidnapping, aggra-
vated assault, drug trafficking, robbery, larceny or
theft punishable as a felony, motor vehicle theft, bur-
glary or breaking and entering, extortion accom-
panied by threats of violence, and arson punishable as
a felony.
‘‘(32) STATE.—The term ‘State’ means any
State of the United States, the District of Columbia,
the Commonwealth of Puerto Rico, the Virgin Islands,
Guam, American Samoa, and the Commonwealth of
the Northern Mariana Islands.
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‘‘(33) STATE
OFFICE.—The term ‘State office’
means an office designated by the chief executive offi-
cer of a State to carry out this title, as provided in
section 507 of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3757).
‘‘(34) SUSTAINED ORAL COMMUNICATION.—
‘‘(A) IN
GENERAL.—The term ‘sustained
oral communication’ means the imparting or
interchange of speech by or between an adult in-
mate and a juvenile.
‘‘(B) EXCEPTION.—The term does not
include—
‘‘(i) communication that is accidental
or incidental; or
‘‘(ii) sounds or noises that cannot rea-
sonably be considered to be speech.
‘‘(35) TREATMENT.—The term ‘treatment’ in-
cludes medical and other rehabilitative services de-
signed to protect the public, including any services
designed to benefit addicts and other users by—
‘‘(A) eliminating their dependence on alco-
hol or other addictive or nonaddictive drugs; or
‘‘(B) controlling or reducing their depend-
ence and susceptibility to addiction or use.
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‘‘(36) UNIT OF LOCAL GOVERNMENT.—The term
‘unit of local government’ means—
‘‘(A) any city, county, township, town, bor-
ough, parish, village, or other general purpose
political subdivision of a State;
‘‘(B) any law enforcement district or judi-
cial enforcement district that—
‘‘(i) is established under applicable
State law; and
‘‘(ii) has the authority to, in a manner
independent of other State entities, establish
a budget and raise revenues;
‘‘(C) an Indian tribe that performs law en-
forcement functions, as determined by the Sec-
retary of the Interior; or
‘‘(D) for the purposes of assistance eligi-
bility, any agency of the government of the Dis-
trict of Columbia or the Federal Government
that performs law enforcement functions in and
for—
‘‘(i) the District of Columbia; or
‘‘(ii) any Trust Territory of the United
States.
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‘‘(37) VALID
COURT
ORDER.—The term ‘valid
court order’ means a court order given by a juvenile
court judge to a juvenile—
‘‘(A) who was brought before the court and
made subject to such order; and
‘‘(B) who received, before the issuance of
such order, the full due process rights guaranteed
to such juvenile by the Constitution of the United
States.
‘‘(38) VIOLENT CRIME.—The term ‘violent crime’
means—
‘‘(A) murder or nonnegligent manslaughter,
forcible rape, or robbery; or
‘‘(B) aggravated assault committed with the
use of a firearm.
‘‘(39) YOUTH.—The term ‘youth’ means an indi-
vidual who is not less than 6 years of age and not
more than 17 years of age.’’.
SEC. 302. JUVENILE CRIME CONTROL AND PREVENTION.
(a) IN GENERAL.—Title II of the Juvenile Justice and
Delinquency Prevention Act of 1974 (42 U.S.C. 5611 et
seq.) is amended to read as follows:
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‘‘TITLE II—JUVENILE CRIME
CONTROL AND PREVENTION
‘‘PART A—OFFICE OF JUVENILE CRIME CONTROL
AND PREVENTION
‘‘SEC. 201. ESTABLISHMENT OF OFFICE.
‘‘(a) IN GENERAL.—There is established in the Depart-
ment of Justice, under the general authority of the Attorney
General, an Office of Juvenile Crime Control and Preven-
tion.
‘‘(b) ADMINISTRATOR.—
‘‘(1) IN GENERAL.—The Office shall be headed by
an Administrator, who shall be appointed by the
President, by and with the advice and consent of the
Senate, from among individuals who have had experi-
ence in juvenile delinquency prevention and crime
control programs.
‘‘(2) REGULATIONS.—The Administrator may
prescribe regulations consistent with this Act to
award, administer, modify, extend, terminate, mon-
itor, evaluate, reject, or deny all grants and contracts
from, and applications for, amounts made available
under this title.
‘‘(3) RELATIONSHIP TO ATTORNEY GENERAL.—
The Administrator shall have the same reporting rela-
tionship with the Attorney General as the directors of
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other offices and bureaus within the Office of Justice
Programs have with the Attorney General.
‘‘(c) DEPUTY ADMINISTRATOR.—There shall be in the
Office a Deputy Administrator, who shall be appointed by
the Attorney General. The Deputy Administrator shall per-
form such functions as the Administrator may assign or
delegate and shall act as the Administrator during the ab-
sence or disability of the Administrator.
‘‘(d) ASSOCIATE ADMINISTRATOR.—
‘‘(1) IN GENERAL.—There shall be in the Office
an Associate Administrator, who shall be appointed
by the Administrator, and who shall be treated as a
career reserved position within the meaning of section
3132 of title 5, United States Code.
‘‘(2) DUTIES.—The duties of the Associate Ad-
ministrator shall include keeping Congress, other Fed-
eral agencies, outside organizations, and State and
local government officials informed about activities
carried out by the Office.
‘‘(e) DELEGATION AND ASSIGNMENT.—
‘‘(1) IN
GENERAL.—Except as otherwise ex-
pressly prohibited by law or otherwise provided by
this title, the Administrator may—
‘‘(A) delegate any of the functions of the Ad-
ministrator, and any function transferred or
100
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granted to the Administrator after the date of en-
actment of the Violent and Repeat Juvenile Of-
fender Accountability and Rehabilitation Act of
1999, to such officers and employees of the Office
as the Administrator may designate; and
‘‘(B) authorize successive redelegations of
such functions as may be necessary or appro-
priate.
‘‘(2) RESPONSIBILITY.—No delegation of func-
tions by the Administrator under this subsection or
under any other provision of this title shall relieve the
Administrator of responsibility for the administration
of such functions.
‘‘(f) REORGANIZATION.—The Administrator may allo-
cate or reallocate any function transferred among the offi-
cers of the Office, and establish, consolidate, alter, or dis-
continue such organizational entities in that Office as may
be necessary or appropriate.
‘‘SEC. 202. PERSONNEL, SPECIAL PERSONNEL, EXPERTS,
AND CONSULTANTS.
‘‘(a) IN GENERAL.—The Administrator may select,
employ, and fix the compensation of such officers and em-
ployees, including attorneys, as are necessary to perform
the functions vested in the Administrator and to prescribe
their functions.
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‘‘(b) OFFICERS.—The Administrator may select, ap-
point, and employ not to exceed 4 officers and to fix their
compensation at rates not to exceed the maximum rate pay-
able under section 5376 of title 5, United States Code.
‘‘(c) DETAIL OF FEDERAL PERSONNEL.—Upon the re-
quest of the Administrator, the head of any Federal agency
may detail, on a reimbursable basis, any of its personnel
to the Administrator to assist the Administrator in car-
rying out the functions of the Administrator under this
title.
‘‘(d) SERVICES.—The Administrator may obtain serv-
ices as authorized by section 3109 of title 5, United States
Code, at rates not to exceed the rate now or hereafter pay-
able under section 5376 of title 5, United States Code.
‘‘SEC. 203. VOLUNTARY SERVICE.
‘‘The Administrator may accept and employ, in car-
rying out the provisions of this Act, voluntary and uncom-
pensated services notwithstanding the provisions of section
3679(b) of the Revised Statutes (31 U.S.C. 665(b)).
‘‘SEC. 204. NATIONAL PROGRAM.
‘‘(a) NATIONAL JUVENILE CRIME CONTROL, PREVEN-
TION, AND JUVENILE OFFENDER ACCOUNTABILITY PLAN.—
‘‘(1) IN GENERAL.—Subject to the general au-
thority of the Attorney General, the Administrator
shall develop objectives, priorities, and short- and
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long-term plans, and shall implement overall policy
and a strategy to carry out such plan, for all Federal
juvenile crime control, prevention, and juvenile of-
fender accountability programs and activities relating
to improving juvenile crime control, the rehabilitation
of juvenile offenders, the prevention of juvenile crime,
and the enhancement of accountability by offenders
within the juvenile justice system in the United
States.
‘‘(2) CONTENTS OF PLANS.—
‘‘(A) IN GENERAL.—Each plan described in
paragraph (1) shall—
‘‘(i) contain specific, measurable goals
and criteria for reducing the incidence of
crime and delinquency among juveniles, im-
proving juvenile crime control, and ensur-
ing accountability by offenders within the
juvenile justice system in the United States,
and shall include criteria for any discre-
tionary grants and contracts, for con-
ducting research, and for carrying out other
activities under this title;
‘‘(ii) provide for coordinating the ad-
ministration of programs and activities
under this title with the administration of
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all other Federal juvenile crime control, pre-
vention, and juvenile offender account-
ability programs and activities, including
proposals for joint funding to be coordi-
nated by the Administrator;
‘‘(iii) provide a detailed summary and
analysis of the most recent data available
regarding the number of juveniles taken into
custody, the rate at which juveniles are
taken into custody, the time served by juve-
niles in custody, and the trends dem-
onstrated by such data;
‘‘(iv) provide a description of the ac-
tivities for which amounts are expended
under this title;
‘‘(v) provide specific information relat-
ing to the attainment of goals set forth in
the plan, including specific, measurable
standards for assessing progress toward na-
tional juvenile crime reduction and juvenile
offender accountability goals; and
‘‘(vi) provide for the coordination of
Federal, State, and local initiatives for the
reduction of youth crime, preventing delin-
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quency, and ensuring accountability for ju-
venile offenders.
‘‘(B) SUMMARY AND ANALYSIS.—Each sum-
mary and analysis under subparagraph (A)(iii)
shall set out the information required by clauses
(i), (ii), and (iii) of this subparagraph sepa-
rately for juvenile nonoffenders, juvenile status
offenders, and other juvenile offenders. Such sum-
mary and analysis shall separately address with
respect to each category of juveniles specified in
the preceding sentence—
‘‘(i) the types of offenses with which the
juveniles are charged;
‘‘(ii) the ages of the juveniles;
‘‘(iii) the types of facilities used to hold
the juveniles (including juveniles treated as
adults for purposes of prosecution) in cus-
tody, including secure detention facilities,
secure correctional facilities, jails, and lock-
ups;
‘‘(iv) the length of time served by juve-
niles in custody; and
‘‘(v) the number of juveniles who died
or who suffered serious bodily injury while
in custody and the circumstances under
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which each juvenile died or suffered such in-
jury.
‘‘(C) DEFINITION OF SERIOUS BODILY IN-
JURY.—In this paragraph, the term ‘serious bod-
ily injury’ means bodily injury involving ex-
treme physical pain or the impairment of a
function of a bodily member, organ, or mental
faculty that requires medical intervention such
as surgery, hospitalization, or physical rehabili-
tation.
‘‘(3) ANNUAL REVIEW.—The Administrator shall
annually—
‘‘(A) review each plan submitted under this
subsection;
‘‘(B) revise the plans, as the Administrator
considers appropriate; and
‘‘(C) not later than March 1 of each year,
present the plans to the Committee on the Judi-
ciary of the Senate and the Committee on Edu-
cation and the Workforce of the House of Rep-
resentatives.
‘‘(b) DUTIES OF ADMINISTRATOR.—In carrying out
this title, the Administrator shall—
‘‘(1) advise the President through the Attorney
General as to all matters relating to federally assisted
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juvenile crime control, prevention, and juvenile of-
fender accountability programs, and Federal policies
regarding juvenile crime and justice, including poli-
cies relating to juveniles prosecuted or adjudicated in
the Federal courts;
‘‘(2) implement and coordinate Federal juvenile
crime control, prevention, and juvenile offender ac-
countability programs and activities among Federal
departments and agencies and between such programs
and activities and other Federal programs and activi-
ties that the Administrator determines may have an
important bearing on the success of the entire na-
tional juvenile crime control, prevention, and juvenile
offender accountability effort including, in consulta-
tion with the Director of the Office of Management
and Budget listing annually those programs to be
considered Federal juvenile crime control, prevention,
and juvenile accountability programs for the fol-
lowing fiscal year;
‘‘(3) serve as a single point of contact for States,
units of local government, and private entities to
apply for and coordinate the use of and access to all
Federal juvenile crime control, prevention, and juve-
nile offender accountability programs;
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‘‘(4) provide for the auditing of grants provided
pursuant to this title;
‘‘(5) collect, prepare, and disseminate useful data
regarding the prevention, correction, and control of
juvenile crime and delinquency, and issue, not less
frequently than once each calendar year, a report on
successful programs and juvenile crime reduction
methods utilized by States, localities, and private en-
tities;
‘‘(6) ensure the performance of comprehensive
rigorous independent scientific evaluations, each of
which shall—
‘‘(A) be independent in nature, and shall
employ rigorous and scientifically valid stand-
ards and methodologies; and
‘‘(B) include measures of outcome and proc-
ess objectives, such as reductions in juvenile
crime, youth gang activity, youth substance
abuse, and other high risk factors, as well as in-
creases in protective factors that reduce the like-
lihood of delinquency and criminal behavior;
‘‘(7) involve consultation with appropriate au-
thorities in the States and with appropriate private
entities in the development, review, and revision of
the plans required by subsection (a) and in the devel-
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opment of policies relating to juveniles prosecuted or
adjudicated in the Federal courts;
‘‘(8) provide technical assistance to the States,
units of local government, and private entities in im-
plementing programs funded by grants under this
title;
‘‘(9) provide technical and financial assistance
to an organization composed of member representa-
tives of the State advisory groups appointed under
section 222(b)(2) to carry out activities under this
paragraph, if such an organization agrees to carry
out activities that include—
‘‘(A) conducting an annual conference of
such member representatives for purposes relat-
ing to the activities of such State advisory
groups;
‘‘(B) 
disseminating 
information, 
data,
standards, advanced techniques, and programs
models developed through the Institute and
through programs funded under section 261; and
‘‘(C) advising the Administrator with re-
spect to particular functions or aspects of the
work of the Office; and
‘‘(10) provide technical and financial assistance
to an eligible organization composed of member rep-
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resentatives of the State advisory groups appointed
under section 222(b)(2) to assist such organization to
carry out the functions specified under subparagraph
(A).
‘‘(A) To be eligible to receive such assistance
such organization shall agree to carry out activi-
ties that include—
‘‘(i) conducting an annual conference
of such member representatives for purposes
relating to the activities of such State advi-
sory groups; and
‘‘(ii) disseminating information, data,
standards, advanced techniques, and pro-
gram models developed through the Institute
and through programs funded under section
261.
‘‘(c) INFORMATION, REPORTS, STUDIES, AND SURVEYS
FROM OTHER AGENCIES.—The Administrator through the
general authority of the Attorney General, may require,
through appropriate authority, Federal departments and
agencies engaged in any activity involving any Federal ju-
venile crime control, prevention, and juvenile offender ac-
countability program to provide the Administrator with
such information and reports, and to conduct such studies
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and surveys, as the Administrator determines to be nec-
essary to carry out the purposes of this title.
‘‘(d) UTILIZATION OF SERVICES AND FACILITIES OF
OTHER AGENCIES; REIMBURSEMENT.—The Administrator,
through the general authority of the Attorney General, may
utilize the services and facilities of any agency of the Fed-
eral Government and of any other public agency or institu-
tion in accordance with appropriate agreements, and to
pay for such services either in advance or by way of reim-
bursement as may be agreed upon.
‘‘(e) COORDINATION
OF
FUNCTIONS
OF
ADMINIS-
TRATOR AND SECRETARY OF HEALTH AND HUMAN SERV-
ICES.—All functions of the Administrator shall be coordi-
nated as appropriate with the functions of the Secretary
of Health and Human Services under title III.
‘‘(f) ANNUAL JUVENILE DELINQUENCY DEVELOPMENT
STATEMENTS.—
‘‘(1) IN GENERAL.—Each Federal agency that
administers a Federal juvenile crime control, preven-
tion, and juvenile offender accountability program
shall annually submit to the Administrator a juvenile
crime control, prevention, and juvenile offender ac-
countability development statement.
‘‘(2) CONTENTS.—Each development statement
submitted under paragraph (1) shall contain such in-
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formation, data, and analyses as the Administrator
may require. Such analyses shall include an analysis
of the extent to which the program of the Federal
agency submitting such development statement con-
forms with and furthers Federal juvenile crime con-
trol, prevention, and juvenile offender accountability,
prevention, and treatment goals and policies.
‘‘(3) REVIEW AND COMMENT.—
‘‘(A) IN
GENERAL.—The Administrator
shall review and comment upon each juvenile
crime control, prevention, and juvenile offender
accountability 
development 
statement 
trans-
mitted to the Administrator under paragraph
(1).
‘‘(B) INCLUSION
IN
OTHER
DOCUMENTA-
TION.—The development statement transmitted
under paragraph (1), together with the comments
of the Administrator under subparagraph (A),
shall be—
‘‘(i) included by the Federal agency in-
volved in every recommendation or request
made by such agency for Federal legislation
that significantly affects juvenile crime con-
trol, prevention, and juvenile offender ac-
countability; and
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‘‘(ii) made available for promulgation
to and use by State and local government
officials, and by nonprofit organizations in-
volved in delinquency prevention programs.
‘‘(g) JOINT FUNDING.—Notwithstanding any other
provision of law, if funds are made available by more than
1 Federal agency to be used by any agency, organization,
institution, or individual to carry out a Federal juvenile
crime control, prevention, or juvenile offender account-
ability program or activity—
‘‘(1) any 1 of the Federal agencies providing
funds may be requested by the Administrator to act
for all in administering the funds advanced; and
‘‘(2) in such a case, a single non-Federal share
requirement may be established according to the pro-
portion of funds advanced by each Federal agency,
and the Administrator may order any such agency to
waive any technical grant or contract requirement (as
defined in those regulations) that is inconsistent with
the similar requirement of the administering agency
or which the administering agency does not impose.
‘‘SEC. 205. JUVENILE DELINQUENCY PREVENTION CHAL-
LENGE GRANT PROGRAM.
‘‘(a) AUTHORITY TO MAKE GRANTS.—The Adminis-
trator may make grants to eligible States in accordance
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with this part for the purpose of providing financial assist-
ance to eligible entities to carry out projects designed to
prevent juvenile delinquency, including—
‘‘(1) educational projects or supportive services
for delinquent or other juveniles—
‘‘(A) to encourage juveniles to remain in el-
ementary and secondary schools or in alternative
learning situations in educational settings;
‘‘(B) to provide services to assist juveniles
in making the transition to the world of work
and self-sufficiency;
‘‘(C) to assist in identifying learning dif-
ficulties (including learning disabilities);
‘‘(D) to prevent unwarranted and arbitrary
suspensions and expulsions;
‘‘(E) to encourage new approaches and tech-
niques with respect to the prevention of school vi-
olence and vandalism;
‘‘(F) that assist law enforcement personnel
and juvenile justice personnel to more effectively
recognize and provide for learning-disabled and
other disabled juveniles;
‘‘(G) that develop locally coordinated poli-
cies and programs among education, juvenile
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justice, public recreation, and social service
agencies; or
‘‘(H) to provide services to juveniles with se-
rious mental and emotional disturbances (SED)
who are in need of mental health services;
‘‘(2) projects that provide support and treatment
to—
‘‘(A) juveniles who are at risk of delin-
quency because they are the victims of child
abuse or neglect; and
‘‘(B) juvenile offenders who are victims of
child abuse or neglect and to their families, in
order to reduce the likelihood that such juvenile
offenders will commit subsequent violations of
law;
‘‘(3) to develop, implement or operate projects for
the prevention or reduction of truancy through part-
nerships between local education agencies, local law
enforcement, and, as appropriate, other community
groups;
‘‘(4) projects that support State and local pro-
grams to prevent juvenile delinquency by providing
for—
‘‘(A) assessments by qualified mental health
professionals of incarcerated juveniles who are
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suspected of being in need of mental health serv-
ices;
‘‘(B) the development of individualized
treatment plans for juveniles determined to be in
need of mental health services pursuant to assess-
ments under subparagraph (A);
‘‘(C) the inclusion of discharge plans for in-
carcerated juveniles determined to be in need of
mental health services; and
‘‘(D) requirements that all juveniles receiv-
ing psychotropic medication be under the care of
a licensed mental health professional;
‘‘(5) one-on-one mentoring projects that are de-
signed to link at-risk juveniles and juvenile offenders
who did not commit serious crime, particularly juve-
niles residing in high-crime areas and juveniles expe-
riencing educational failure, with responsible adults
(such as law enforcement officers, adults working with
local businesses, public recreation staff, and adults
working for community-based organizations and
agencies) who are properly screened and trained and
that—
‘‘(A) the State establish criteria to assess the
quality of those one-on-one mentoring projects;
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‘‘(B) the Administrator develop an annual
report on the best mentoring practices in those
projects; and
‘‘(C) the State choose exemplary projects,
designated Gold Star Mentoring Projects, to re-
ceive preferential access to funding;
‘‘(6) community-based projects and services (in-
cluding literacy and social service programs) that
work with juvenile offenders, including those from
families with limited English-speaking proficiency,
their parents, their siblings, and other family mem-
bers during and after incarceration of the juvenile of-
fenders, in order to strengthen families, to allow juve-
nile offenders to remain in their homes, and to pre-
vent the involvement of other juvenile family members
in delinquent activities;
‘‘(7) projects designed to provide for the treat-
ment of juveniles for dependence on or abuse of alco-
hol, drugs, or other harmful substances, giving pri-
ority to juveniles who have been arrested for an al-
leged act of juvenile delinquency or adjudicated delin-
quent;
‘‘(8) projects that leverage funds to provide schol-
arships for postsecondary education and training for
low-income juveniles who reside in neighborhoods
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with high rates of poverty, violence, and drug-related
crimes;
‘‘(9) projects (including school- or community-
based projects) that are designed to prevent, and re-
duce the rate of, the participation of juveniles in
gangs that commit crimes (particularly violent
crimes), that unlawfully use firearms and other weap-
ons, or that unlawfully traffic in drugs and that in-
volve, to the extent practicable, families and other
community members (including law enforcement per-
sonnel and members of the business community) in
the activities conducted under such projects, including
youth violence courts targeted to juveniles aged 14
and younger;
‘‘(10) comprehensive juvenile justice and delin-
quency prevention projects that meet the needs of ju-
veniles through the collaboration of the many local
service systems juveniles encounter, including schools,
child abuse and neglect courts, courts, law enforce-
ment agencies, child protection agencies, mental
health agencies, welfare services, health care agencies,
public recreation agencies, and private nonprofit
agencies offering services to juveniles;
‘‘(11) to develop, implement, and support, in
conjunction with public and private agencies, organi-
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zations, and businesses, projects for the employment of
juveniles and referral to job training programs (in-
cluding referral to Federal job training programs);
‘‘(12) delinquency prevention activities that in-
volve youth clubs, sports, recreation and parks, peer
counseling and teaching, the arts, leadership develop-
ment, community service, volunteer service, before-
and after-school programs, violence prevention activi-
ties, mediation skills training, camping, environ-
mental education, ethnic or cultural enrichment, tu-
toring, and academic enrichment;
‘‘(13) to establish policies and systems to incor-
porate relevant child protective services records into
juvenile justice records for purposes of establishing
treatment plans for juvenile offenders;
‘‘(14) family strengthening activities, such as
mutual support groups for parents and their children
and postadoption services for families who adopt chil-
dren with special needs;
‘‘(15) adoptive parent recruitment activities tar-
geted at recruiting permanent adoptive families for
older children and children with special needs in the
foster care system who are at risk of entering the juve-
nile justice system;
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‘‘(16) projects to coordinate the delivery of ado-
lescent mental health and substance abuse services to
children at risk by coordinating councils composed of
public and private service providers;
‘‘(17) partnerships between State educational
agencies and local educational agencies for the design
and implementation of character education and
training programs that incorporate the following ele-
ments of character: Caring, citizenship, fairness, re-
spect, responsibility and trustworthiness;
‘‘(18) programs for positive youth development
that provide youth at risk of delinquency with—
‘‘(A) an ongoing relationship with a caring
adult (for example, mentor, tutor, coach, or shel-
ter youth worker);
‘‘(B) safe places and structured activities
during nonschool hours;
‘‘(C) a healthy start;
‘‘(D) a marketable skill through effective
education; and
‘‘(E) an opportunity to give back through
community service;
‘‘(19) projects that use neighborhood courts or
panels that increase victim satisfaction and require
juveniles to make restitution, or perform community
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service, for the damage caused by their delinquent
acts;
‘‘(20) programs designed and operated to provide
eligible offenders with an alternative to adjudication
that emphasizes restorative justice;
‘‘(21) projects that expand the use of probation
officers—
‘‘(A) particularly for the purpose of permit-
ting nonviolent juvenile offenders, including sta-
tus offenders, to remain at home with their fami-
lies as an alternative to detention; and
‘‘(B) to ensure that juveniles follow the
terms of their probation; and
‘‘(22) projects that provide for initial intake
screening, which may include drug testing, of each ju-
venile taken into custody—
‘‘(A) to determine the likelihood that such
juvenile will commit a subsequent offense; and
‘‘(B) to provide appropriate interventions to
prevent such juvenile from committing subse-
quent offenses.
‘‘(b) ELIGIBILITY OF STATES.—
‘‘(1) APPLICATION.—To be eligible to receive a
grant under subsection (a), a State shall submit to
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the Administrator an application that contains the
following:
‘‘(A) An assurance that the State will use—
‘‘(i) not more than 5 percent of such
grant, in the aggregate, for—
‘‘(I) the costs incurred by the
State to carry out this part; and
‘‘(II) to evaluate, and provide
technical 
assistance 
relating 
to,
projects and activities carried out with
funds provided under this part; and
‘‘(ii) the remainder of such grant to
make grants under subsection (c).
‘‘(B) An assurance that, and a detailed de-
scription of how, such grant will support, and
not supplant State and local efforts to prevent
juvenile delinquency.
‘‘(C) An assurance that such application
was prepared after consultation with and par-
ticipation by—
‘‘(i) community-based organizations
that carry out programs, projects, or activi-
ties to prevent juvenile delinquency; and
‘‘(ii) police, sheriff, prosecutors, State
or local probation services, juvenile courts,
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schools, public recreation agencies, busi-
nesses, and religious affiliated fraternal,
nonprofit, and social service organizations
involved in crime prevention.
‘‘(D) An assurance that each eligible entity
described in subsection (c)(1) that receives an
initial grant under subsection (c) to carry out a
project or activity shall also receive an assurance
from the State that such entity will receive from
the State, for the subsequent fiscal year to carry
out such project or activity, a grant under such
section in an amount that is proportional, based
on such initial grant and on the amount of the
grant received under subsection (a) by the State
for such subsequent fiscal year, but that does not
exceed the amount specified for such subsequent
fiscal year in such application as approved by
the State.
‘‘(E) An assurance that each eligible entity
described in subsection (c)(1) that receives a
grant to carry out a project or activity under
subsection (c) has agreed to provide a 50 percent
match of the amount of the grant, including the
value of in-kind contributions to fund the project
or activity, except that the Administrator may
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for good cause reduce the matching requirement
to 331⁄3 percent for economically disadvantaged
communities.
‘‘(F) An assurance that projects or activities
funded by a grant under subsection (a) shall be
carried out through or in coordination with a
court with a juvenile crime or delinquency dock-
et.
‘‘(G) An assurance that of the grant funds
remaining after administrative costs are de-
ducted consistent with subparagraph (A)—
‘‘(i) not less than 80 percent shall be
used for the purposes designated in para-
graphs (1) through (18) of subsection (a);
and
‘‘(ii) not less than 20 percent shall be
used for the purposes in paragraphs (19)
through (22) of subsection (a).
‘‘(H) Such other information as the Admin-
istrator may reasonably require by rule.
‘‘(2) APPROVAL OF APPLICATIONS.—
‘‘(A) APPROVAL REQUIRED.—Subject to sub-
paragraph (A), the Administrator shall approve
an application, and amendments to such appli-
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cation submitted in subsequent fiscal years, that
satisfy the requirements of paragraph (1).
‘‘(B) LIMITATION.—The Administrator may
not approve such application (including amend-
ments to such application) for a fiscal year
unless—
‘‘(i)(I) the State submitted a plan
under section 222 for such fiscal year; and
‘‘(II) such plan is approved by the Ad-
ministrator for such fiscal year; or
‘‘(ii) the Administrator waives the ap-
plication of clause (i) to such State for such
fiscal year, after finding good cause for such
a waiver.
‘‘(c) GRANTS FOR LOCAL PROJECTS.—
‘‘(1) SELECTION FROM AMONG APPLICATIONS.—
‘‘(A) IN GENERAL.—Using a grant received
under subsection (a), a State may make grants
to eligible entities whose applications are re-
ceived by the State in accordance with para-
graph (2) to carry out projects and activities de-
scribed in subsection (a).
‘‘(B) SPECIAL
CONSIDERATION.—For pur-
poses of making such grants, the State shall give
special consideration to eligible entities that—
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‘‘(i) propose to carry out such projects
in geographical areas in which there is—
‘‘(I) a disproportionately high
level of serious crime committed by ju-
veniles; or
‘‘(II) a recent rapid increase in
the number of nonstatus offenses com-
mitted by juveniles;
‘‘(ii)(I) agree to carry out such projects
or activities that are multidisciplinary and
involve 2 or more eligible entities; or
‘‘(II) represent communities that have
a comprehensive plan designed to identify
at-risk juveniles and to prevent or reduce
the rate of juvenile delinquency, and that
involve other entities operated by individ-
uals who have a demonstrated history of in-
volvement in activities designed to prevent
juvenile delinquency; and
‘‘(iii) state the amount of resources (in
cash or in kind) such entities will provide
to carry out such projects and activities.
‘‘(2) RECEIPT OF APPLICATIONS.—
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), a unit of local government shall sub-
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mit to the State simultaneously all applications
that are—
‘‘(i) timely received by such unit from
eligible entities; and
‘‘(ii) determined by such unit to be
consistent with a current plan formulated
by such unit for the purpose of preventing,
and reducing the rate of, juvenile delin-
quency in the geographical area under the
jurisdiction of such unit.
‘‘(B) DIRECT SUBMISSION.—If an applica-
tion submitted to such unit by an eligible entity
satisfies the requirements specified in clauses (i)
and (ii) of subparagraph (A), such entity may
submit such application directly to the State.
‘‘(d) ELIGIBILITY OF ENTITIES.—
‘‘(1) ELIGIBILITY.—Subject to paragraph (2)
and except as provided in paragraph (3), to be eligi-
ble to receive a grant under subsection (c), a commu-
nity-based organization, local juvenile justice system
officials (including prosecutors, police officers, judges,
probation officers, parole officers, and public defend-
ers), local education authority (as defined in section
14101 of the Elementary and Secondary Education
Act of 1965 and including a school within such au-
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thority), local recreation agency, nonprofit private or-
ganization (including a faith-based organization),
unit of local government, or social service provider,
and/or other entity with a demonstrated history of in-
volvement in the prevention of juvenile delinquency,
shall submit to a unit of local government an appli-
cation that contains the following:
‘‘(A) An assurance that such applicant will
use such grant, and each such grant received for
the subsequent fiscal year, to carry out through-
out a 2-year period a project or activity de-
scribed in reasonable detail, and of a kind de-
scribed in 1 or more of paragraphs (1) through
(22) of subsection (a) as specified in, such appli-
cation.
‘‘(B) A statement of the particular goals
such project or activity is designed to achieve,
and the methods such entity will use to achieve,
and assess the achievement of, each of such goals.
‘‘(C) A statement identifying the research
(if any) such entity relied on in preparing such
application.
‘‘(2) REVIEW
AND
SUBMISSION
OF
APPLICA-
TIONS.—Except as provided in paragraph (3), an en-
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tity shall not be eligible to receive a grant under sub-
section (c) unless—
‘‘(A) such entity submits to a unit of local
government an application that—
‘‘(i) satisfies the requirements specified
in subsection (a); and
‘‘(ii) describes a project or activity to
be carried out in the geographical area
under the jurisdiction of such unit; and
‘‘(B) such unit determines that such project
or activity is consistent with a current plan for-
mulated by such unit for the purpose of pre-
venting, and reducing the rate of, juvenile delin-
quency in the geographical area under the juris-
diction of such unit.
‘‘(3) LIMITATION.—If an entity that receives a
grant under subsection (c) to carry out a project or
activity for a 2-year period, and receives technical as-
sistance from the State or the Administrator after re-
questing such technical assistance (if any), fails to
demonstrate, before the expiration of such 2-year pe-
riod, that such project or such activity has achieved
substantial success in achieving the goals specified in
the application submitted by such entity to receive
such grants, then such entity shall not be eligible to
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receive any subsequent grant under such section to
continue to carry out such project or activity.
‘‘(e) REPORTING REQUIREMENT.—Not later than 180
days after the last day of each fiscal year, the Administrator
shall submit to the Chairman of the Committee on Edu-
cation and the Workforce of the House of Representatives
and the Chairman of the Committee on the Judiciary of
the Senate a report, which shall—
‘‘(1) describe activities and accomplishments of
grant activities funded under this section;
‘‘(2) describe procedures followed to disseminate
grant activity products and research findings;
‘‘(3) describe activities conducted to develop pol-
icy and to coordinate Federal agency and interagency
efforts related to delinquency prevention;
‘‘(4) identify successful approaches and making
the recommendations for future activities to be con-
ducted under this section; and
‘‘(5) describe, on a State-by-State basis, the total
amount of matching contributions made by States
and eligible entities for activities funded under this
section.
‘‘(f) RESEARCH AND EVALUATION.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), of the amount made available to carry out
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this section in each fiscal year, the Administrator
shall use the lesser of 5 percent or $5,000,000 for re-
search, statistics, and evaluation activities carried out
in conjunction with the grant programs under this
section.
‘‘(2) EXCEPTION.—No amount shall be available
as provided in paragraph (1) for a fiscal year, if
amounts are made available for that fiscal year for
the National Institute of Justice for evaluation re-
search of juvenile delinquency programs pursuant to
subsection (b)(6) or (c)(6) of section 313.
‘‘SEC. 206. GRANTS TO YOUTH ORGANIZATIONS.
‘‘(a) GRANT
PROGRAM.—The Administrator may
make grants to Indian tribes (as defined in section 4(e) of
the Indian Self-Determination and Education Assistance
Act) and national, Statewide, or community-based, non-
profit organizations in crime prone areas, (such as Boys
and Girls Clubs, Police Athletic Leagues, 4–H Clubs,
YWCA, YMCA, Big Brothers and Big Sisters, and Kids ’N
Kops programs) for the purposes of—
‘‘(1) providing constructive activities to youth
during after school hours, weekends, and school vaca-
tions;
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‘‘(2) providing supervised activities in safe envi-
ronments to youth in those areas, including activities
through parks and other recreation areas; and
‘‘(3) providing anti-alcohol and other drug edu-
cation to prevent alcohol and other drug abuse among
youth.
‘‘(b) APPLICATIONS.—
‘‘(1) ELIGIBILITY.—In order to be eligible to re-
ceive a grant under this section, the governing body
of the Indian tribe or the chief operating officer of a
national, Statewide, or community-based nonprofit
organization shall submit an application to the Ad-
ministrator, in such form and containing such infor-
mation as the Administrator may reasonably require.
‘‘(2) APPLICATION REQUIREMENTS.—Each appli-
cation submitted in accordance with paragraph (1)
shall include—
‘‘(A) a request for a grant to be used for the
purposes of this section;
‘‘(B) a description of the communities to be
served by the grant, including the nature of juve-
nile crime, violence, and drug use in the commu-
nities;
‘‘(C) written assurances that Federal funds
received under this section will be used to supple-
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ment and not supplant, non-Federal funds that
would otherwise be available for activities funded
under this section;
‘‘(D) written assurances that all activities
funded under this section will be supervised by
an appropriate number of responsible adults;
‘‘(E) a plan for assuring that program ac-
tivities will take place in a secure environment
that is free of crime and drugs; and
‘‘(F) any additional statistical or financial
information that the Administrator may reason-
ably require.
‘‘(c) GRANT AWARDS.—In awarding grants under this
section, the Administrator shall consider—
‘‘(1) the ability of the applicant to provide the
intended services;
‘‘(2) the history and establishment of the appli-
cant in providing youth activities; and
‘‘(3) the extent to which services will be provided
in crime prone areas, including efforts to achieve an
equitable geographic distribution of the grant awards.
‘‘(d) ALLOCATION.—Of the amounts made available to
carry out this section—
‘‘(1) 20 percent shall be for grants to national or
Statewide nonprofit organizations; and
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‘‘(2) 80 percent shall be for grants to commu-
nity-based, nonprofit organizations.
‘‘(e) 
CONTINUED
AVAILABILITY.—Amounts 
made
available under this section shall remain available until ex-
pended.
‘‘SEC. 207. GRANTS TO INDIAN TRIBES.
‘‘(a) IN GENERAL.—From the amount reserved under
section 208(b) in each fiscal year, the Administrator shall
make grants to Indian tribes for programs pursuant to the
permissible purposes under section 205 and part B.
‘‘(b) APPLICATIONS.—
‘‘(1) IN GENERAL.—To be eligible to receive a
grant under this section, an Indian tribe shall submit
to the Administrator an application in such form and
containing such information as the Administrator
may by regulation require.
‘‘(2) PLANS.—Each application submitted under
paragraph (1) shall include a plan for conducting
projects described in section 205(a), which plan
shall—
‘‘(A) provide evidence that the Indian tribe
performs law enforcement functions (as deter-
mined by the Secretary of the Interior);
‘‘(B) identify the juvenile justice and delin-
quency problems and juvenile delinquency pre-
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vention needs to be addressed by activities con-
ducted by the Indian tribe in the area under the
jurisdiction of the Indian tribe with assistance
provided by the grant;
‘‘(C) provide for fiscal control and account-
ing procedures that—
‘‘(i) are necessary to ensure the pru-
dent use, proper disbursement, and account-
ing of funds received under this section; and
‘‘(ii) are consistent with the require-
ments of subparagraph (B); and
‘‘(D) comply with the requirements of sec-
tion 222(a) (except that such subsection relates to
consultation with a State advisory group) and
with the requirements of section 222(c); and
‘‘(E) contain such other information, and be
subject to such additional requirements, as the
Administrator may reasonably prescribe to en-
sure the effectiveness of the grant program under
this section.
‘‘(c) FACTORS
FOR CONSIDERATION.—In awarding
grants under this section, the Administrator shall
consider—
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‘‘(1) the resources that are available to each ap-
plicant that will assist, and be coordinated with, the
overall juvenile justice system of the Indian tribe; and
‘‘(2) for each Indian tribe that receives assistance
under such a grant—
‘‘(A) the relative juvenile population; and
‘‘(B) who will be served by the assistance
provided by the grant.
‘‘(d) GRANT AWARDS.—
‘‘(1) IN GENERAL.—
‘‘(A) COMPETITIVE
AWARDS.—Except as
provided in paragraph (2), the Administrator
shall annually award grants under this section
on a competitive basis. The Administrator shall
enter into a grant agreement with each grant re-
cipient under this section that specifies the terms
and conditions of the grant.
‘‘(B) PERIOD
OF
GRANT.—The period of
each grant awarded under this section shall be 2
years.
‘‘(2) EXCEPTION.—In any case in which the Ad-
ministrator determines that a grant recipient under
this section has performed satisfactorily during the
preceding year in accordance with an applicable
grant agreement, the Administrator may—
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‘‘(A) waive the requirement that the recipi-
ent be subject to the competitive award process
described in paragraph (1)(A); and
‘‘(B) renew the grant for an additional
grant period (as specified in paragraph (1)(B)).
‘‘(3) MODIFICATIONS OF PROCESSES.—The Ad-
ministrator may prescribe requirements to provide for
appropriate modifications to the plan preparation
and application process specified in subsection (b) for
an application for a renewal grant under paragraph
(2)(B).
‘‘(e) REPORTING REQUIREMENT.—Each Indian tribe
that receives a grant under this section shall be subject to
the fiscal accountability provisions of section 5(f)(1) of the
Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450c(f)(1)), relating to the submission of a sin-
gle-agency audit report required by chapter 75 of title 31,
United States Code.
‘‘(f) MATCHING REQUIREMENT.—Funds appropriated
by Congress for the activities of any agency of an Indian
tribal government or the Bureau of Indian Affairs per-
forming law enforcement functions on any Indian lands
may be used to provide the non-Federal share of any pro-
gram or project with a matching requirement funded under
this section.
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‘‘(g) TECHNICAL ASSISTANCE.—From the amount re-
served under section 208(b) in each fiscal year, the Admin-
istrator may reserve 1 percent for the purpose of providing
technical assistance to recipients of grants under this sec-
tion.
‘‘SEC. 208. ALLOCATION OF GRANTS.
‘‘(a) IN GENERAL.—Subject to subsections (b), (c), and
(d), the amount allocated under section 291 to carry out
section 205 in each fiscal year shall be allocated to the
States as follows:
‘‘(1) 0.5 percent shall be allocated to each eligible
State.
‘‘(2) The amount remaining after the allocation
under subparagraph (A) shall be allocated among eli-
gible States as follows:
‘‘(A) 50 percent of such amount shall be al-
located proportionately based on the juvenile
population in the eligible States.
‘‘(B) 50 percent of such amount shall be al-
located proportionately based on the annual av-
erage number of arrests for serious crimes com-
mitted in the eligible States by juveniles during
the then most recently completed period of 3 con-
secutive calendar years for which sufficient infor-
mation is available to the Administrator.
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‘‘(b) RESERVATION OF FUNDS.—Notwithstanding any
other provision of law, from the amounts allocated under
section 291 to carry out section 205 and part B in each
fiscal year—
‘‘(1) the Administrator shall reserve an amount
equal to the amount which all Indian tribes that
qualify for a grant under section 207 would collec-
tively be entitled, if such tribes were collectively treat-
ed as a State for purposes of subsection (a); and
‘‘(2) the Administrator shall reserve 5 percent to
make grants to States under section 209.
‘‘(c) EXCEPTION.—The amount allocated to the Virgin
Islands of the United States, Guam, American Samoa, the
Trust Territory of the Pacific Islands, and the Common-
wealth of the Northern Mariana Islands shall be not less
than $75,000 and not more than $100,000.
‘‘(d) ADMINISTRATIVE COSTS.—A State, unit of local
government, or eligible unit that receives funds under this
part may not use more than 5 percent of those funds to
pay for administrative costs.
‘‘SEC. 209. CONFIDENTIAL REPORTING OF INDIVIDUALS
SUSPECTED 
OF 
IMMINENT 
SCHOOL 
VIO-
LENCE.
‘‘(a) IN GENERAL.—Grants under this section shall be
known as ‘CRISIS Grants’.
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‘‘(b) AUTHORITY
TO
MAKE
GRANTS.—From the
amounts reserved by the Administrator under section
208(b)(2), the Administrator shall make a grant to each
State in an amount determined under subsection (d), for
use in accordance with subsection (c).
‘‘(c) USE OF GRANT AMOUNTS.—Amounts made avail-
able to a State under a grant under this section may be
used by the State—
‘‘(1) to support the independent State develop-
ment and operation of confidential, toll-free telephone
hotlines that will operate 7 days per week, 24 hours
per day, in order to provide students, school officials,
and other individuals with the opportunity to report
specific threats of imminent school violence or to re-
port other suspicious or criminal conduct by juveniles
to appropriate State and local law enforcement enti-
ties for investigation;
‘‘(2) to ensure proper State training of personnel
who answer and respond to telephone calls to hotlines
described in paragraph (1);
‘‘(3) to assist in the acquisition of technology
necessary to enhance the effectiveness of hotlines de-
scribed in paragraph (1), including the utilization of
Internet web-pages or resources;
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‘‘(4) to enhance State efforts to offer appropriate
counseling services to individuals who call a hotline
described in paragraph (1) threatening to do harm to
themselves or others; and
‘‘(5) to further State efforts to publicize the serv-
ices offered by the hotlines described in paragraph (1)
and to encourage individuals to utilize those services.
‘‘(d) ALLOCATION TO STATES.—The total amount re-
served to carry out this section in each fiscal year shall
be allocated to each State based on the proportion of the
population of the State that is less than 18 years of age.
‘‘PART B—FEDERAL ASSISTANCE FOR STATE AND
LOCAL PROGRAMS
‘‘SEC. 221. AUTHORITY TO MAKE GRANTS AND CONTRACTS.
‘‘(a) IN GENERAL.—The Administrator may make
grants to States and units of local government, or combina-
tions thereof, to assist them in planning, establishing, oper-
ating, coordinating, and evaluating projects directly or
through grants and contracts with public and private agen-
cies for the development of more effective education, train-
ing, research, prevention, diversion, treatment, and reha-
bilitation programs in the area of juvenile delinquency and
programs to improve the juvenile justice system.
‘‘(b) TRAINING AND TECHNICAL ASSISTANCE.—
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‘‘(1) IN GENERAL.—With not to exceed 2 percent
of the funds available in a fiscal year to carry out
this part, the Administrator shall make grants to and
enter into contracts with public and private agencies,
organizations, and individuals to provide training
and technical assistance to States, units of local gov-
ernments (and combinations thereof), and local pri-
vate agencies to facilitate compliance with section 222
and implementation of the State plan approved under
section 222(c).
‘‘(2) ELIGIBLE
RECIPIENTS.—Grants may be
made and contracts may be entered into under para-
graph (1) only to public and private agencies, organi-
zations, and individuals that have experience in pro-
viding such training and technical assistance. In pro-
viding such training and technical assistance, the re-
cipient of a grant or contract under this subsection
shall coordinate its activities with the State agency
described in section 222(a)(1).
‘‘SEC. 222. STATE PLANS.
‘‘(a) IN GENERAL.—In order to receive formula grants
under this part, a State shall submit a plan, developed in
consultation with the State Advisory Group established by
the State under subsection (b)(2)(A), for carrying out its
purposes applicable to a 3-year period. A portion of any
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allocation of formula grants to a State shall be available
to develop a State plan or for other activities associated
with such State plan which are necessary for efficient ad-
ministration, including monitoring, evaluation, and one
full-time staff position. The State shall submit annual per-
formance reports to the Administrator, each of which shall
describe progress in implementing programs contained in
the original plan, and amendments necessary to update the
plan, and shall describe the status of compliance with State
plan requirements. In accordance with regulations that the
Administrator shall prescribe, such plan shall—
‘‘(1) designate a State agency as the sole agency
for supervising the preparation and administration of
the plan;
‘‘(2) contain satisfactory evidence that the State
agency designated in accordance with paragraph (1)
has or will have authority, by legislation if necessary,
to implement such plan in conformity with this part;
‘‘(3) provide for the active consultation with and
participation of units of local government, or com-
binations thereof, in the development of a State plan
that adequately takes into account the needs and re-
quests of units of local government, except that noth-
ing in the plan requirements, or any regulations pro-
mulgated to carry out such requirements, shall be con-
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strued to prohibit or impede the State from making
grants to, or entering into contracts with, local pri-
vate agencies, including religious organizations;
‘‘(4) to the extent feasible and consistent with
paragraph (5), provide for an equitable distribution
of the assistance received with the State, including
rural areas;
‘‘(5) require that the State or unit of local gov-
ernment that is a recipient of amounts under this
part distributes those amounts intended to be used for
the prevention of juvenile delinquency and reduction
of incarceration, to the extent feasible, in proportion
to the amount of juvenile crime committed within
those regions and communities;
‘‘(6) provide assurances that youth coming into
contact with the juvenile justice system are treated eq-
uitably on the basis of gender, race, family income,
and disability;
‘‘(7)(A) provide for—
‘‘(i) an analysis of juvenile crime and de-
linquency problems (including the joining of
gangs that commit crimes) and juvenile justice
and delinquency prevention needs (including
educational needs) of the State (including any
geographical area in which an Indian tribe per-
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forms law enforcement functions), a description
of the services to be provided, and a description
of performance goals and priorities, including a
specific statement of the manner in which pro-
grams are expected to meet the identified juvenile
crime problems (including the joining of gangs
that commit crimes) and juvenile justice and de-
linquency prevention needs (including edu-
cational needs) of the State;
‘‘(ii) an indication of the manner in which
the programs relate to other similar State or
local programs that are intended to address the
same or similar problems; and
‘‘(iii) a plan for the concentration of State
efforts, which shall coordinate all State juvenile
crime control, prevention, and delinquency pro-
grams with respect to overall policy and develop-
ment of objectives and priorities for all State ju-
venile crime control and delinquency programs
and activities, including provision for regular
meetings of State officials with responsibility in
the area of juvenile justice and delinquency pre-
vention;
‘‘(B) contain—
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‘‘(i) a plan for providing needed gender-spe-
cific services for the prevention and treatment of
juvenile delinquency;
‘‘(ii) a plan for providing needed services
for the prevention and treatment of juvenile de-
linquency in rural areas; and
‘‘(iii) a plan for providing needed mental
health services to juveniles in the juvenile justice
system;
‘‘(8) provide for the coordination and maximum
utilization of existing juvenile delinquency programs,
programs operated by public and private agencies
and organizations, and other related programs (such
as education, special education, recreation, health,
and welfare programs) in the State;
‘‘(9) provide for the development of an adequate
research, training, and evaluation capacity within
the State;
‘‘(10) provide that not less than 75 percent of the
funds available to the State under section 221, other
than funds made available to the State advisory
group under this section, whether expended directly
by the State, by the unit of local government, or by
a combination thereof, or through grants and con-
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tracts with public or private nonprofit agencies, shall
be used for—
‘‘(A) community-based alternatives (includ-
ing home-based alternatives) to incarceration
and institutionalization, including—
‘‘(i) for youth who need temporary
placement: crisis intervention, shelter, and
after-care; and
‘‘(ii) for youth who need residential
placement: a continuum of foster care or
group home alternatives that provide access
to a comprehensive array of services;
‘‘(B) programs that assist in holding juve-
niles accountable for their actions, including the
use of graduated sanctions and of neighborhood
courts or panels that increase victim satisfaction
and require juveniles to make restitution for the
damage caused by their delinquent behavior;
‘‘(C) comprehensive juvenile crime control
and delinquency prevention programs that meet
the needs of youth through the collaboration of
the many local systems before which a youth
may appear, including schools, courts, law en-
forcement agencies, child protection agencies,
mental health agencies, welfare services, health
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care agencies, public recreation agencies, and
private nonprofit agencies offering youth serv-
ices;
‘‘(D) programs that provide treatment to ju-
venile offenders who are victims of child abuse or
neglect, and to their families, in order to reduce
the likelihood that such juvenile offenders will
commit subsequent violations of law;
‘‘(E) educational programs or supportive
services for delinquent or other juveniles—
‘‘(i) to encourage juveniles to remain
in elementary and secondary schools or in
alternative learning situations;
‘‘(ii) to provide services to assist juve-
niles in making the transition to the world
of work and self-sufficiency; and
‘‘(iii) enhance coordination with the
local schools that such juveniles would other-
wise attend, to ensure that—
‘‘(I) the instruction that juveniles
receive outside school is closely aligned
with the instruction provided in school;
and
‘‘(II) information regarding any
learning problems identified in such
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alternative learning situations are
communicated to the schools;
‘‘(F) expanding the use of probation
officers—
‘‘(i) particularly for the purpose of
permitting nonviolent juvenile offenders (in-
cluding status offenders) to remain at home
with their families as an alternative to in-
carceration or institutionalization; and
‘‘(ii) to ensure that juveniles follow the
terms of their probation;
‘‘(G) one-on-one mentoring programs that
are designed to link at-risk juveniles and juvenile
offenders, particularly juveniles residing in high-
crime areas and juveniles experiencing edu-
cational failure, with responsible adults (such as
law enforcement officers, adults working with
local businesses, and adults working with com-
munity-based organizations and agencies) who
are properly screened and trained;
‘‘(H) programs designed to develop and im-
plement projects relating to juvenile delinquency
and learning disabilities, including on-the-job
training programs to assist community services,
law enforcement, and juvenile justice personnel
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to more effectively recognize and provide for
learning disabled and other juveniles with dis-
abilities;
‘‘(I) projects designed both to deter involve-
ment in illegal activities and to promote involve-
ment in lawful activities on the part of gangs
whose membership is substantially composed of
youth;
‘‘(J) programs and projects designed to pro-
vide for the treatment of youths’ dependence on
or abuse of alcohol or other addictive or non-
addictive drugs;
‘‘(K) boot camps for juvenile offenders;
‘‘(L) community-based programs and serv-
ices to work with juveniles, their parents, and
other family members during and after incarcer-
ation in order to strengthen families so that such
juveniles may be retained in their homes;
‘‘(M) other activities (such as court-ap-
pointed advocates) that the State determines will
hold juveniles accountable for their acts and de-
crease juvenile involvement in delinquent activi-
ties;
‘‘(N) establishing policies and systems to in-
corporate 
relevant 
child 
protective 
services
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records into juvenile justice records for purposes
of establishing treatment plans for juvenile of-
fenders;
‘‘(O) programs (including referral to lit-
eracy programs and social service programs) to
assist families with limited English-speaking
ability that include delinquent juveniles to over-
come language and other barriers that may pre-
vent the complete treatment of such juveniles and
the preservation of their families;
‘‘(P) programs that utilize multidisci-
plinary interagency case management and infor-
mation sharing, that enable the juvenile justice
and law enforcement agencies, schools, and social
service agencies to make more informed decisions
regarding early identification, control, super-
vision, and treatment of juveniles who repeatedly
commit violent or serious delinquent acts;
‘‘(Q) programs designed to prevent and re-
duce hate crimes committed by juveniles;
‘‘(R) court supervised initiatives that ad-
dress the illegal possession of firearms by juve-
niles; and
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‘‘(S) programs for positive youth develop-
ment that provide delinquent youth and youth
at-risk of delinquency with—
‘‘(i) an ongoing relationship with a
caring adult (for example, mentor, tutor,
coach, or shelter youth worker);
‘‘(ii) safe places and structured activi-
ties during nonschool hours;
‘‘(iii) a healthy start;
‘‘(iv) a marketable skill through effec-
tive education; and
‘‘(v) an opportunity to give back
through community service;
‘‘(11) shall provide that—
‘‘(A) juveniles who are charged with or who
have committed an offense that would not be
criminal if committed by an adult, excluding—
‘‘(i) juveniles who are charged with or
who have committed a violation of section
922(x)(2) of title 18, United States Code, or
of a similar State law;
‘‘(ii) juveniles who are charged with or
who have committed a violation of a valid
court order; and
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‘‘(iii) juveniles who are held in accord-
ance with the Interstate Compact on Juve-
niles as enacted by the State;
shall not be placed in secure detention facilities
or secure correctional facilities; and
‘‘(B) juveniles—
‘‘(i) who are not charged with any of-
fense; and
‘‘(ii) who are—
‘‘(I) aliens; or
‘‘(II) alleged to be dependent, ne-
glected, or abused;
shall not be placed in secure detention facilities
or secure correctional facilities;
‘‘(12) provide that—
‘‘(A) juveniles alleged to be or found to be
delinquent or juveniles within the purview of
paragraph (11) will not be detained or confined
in any institution in which they have prohibited
physical contact or sustained oral communica-
tion with adult inmates; and
‘‘(B) there is in effect in the State a policy
that requires individuals who work with both
such juveniles and such adult inmates, including
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in collocated facilities, have been trained and
certified to work with juveniles;
‘‘(13) provide that no juvenile will be detained or
confined in any jail or lockup for adults except—
‘‘(A) juveniles who are accused of nonstatus
offenses and who are detained in such jail or
lockup for a period not to exceed 6 hours—
‘‘(i) for processing or release;
‘‘(ii) while awaiting transfer to a juve-
nile facility; or
‘‘(iii) in which period such juveniles
make a court appearance;
‘‘(B) juveniles who are accused of nonstatus
offenses, who are awaiting an initial court ap-
pearance that will occur within 48 hours after
being taken into custody (excluding Saturdays,
Sundays, and legal holidays), and who are de-
tained or confined in a jail or lockup—
‘‘(i) in which—
‘‘(I) such juveniles do not have
prohibited physical contact or sus-
tained oral communication with adult
inmates; and
‘‘(II) there is in effect in the State
a policy that requires individuals who
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work with both such juveniles and such
adult inmates, including in collocated
facilities, have been trained and cer-
tified to work with juveniles; and
‘‘(ii) that—
‘‘(I) is located outside a metro-
politan statistical area (as defined by
the Office of Management and Budget)
and has no existing acceptable alter-
native placement available;
‘‘(II) is located where conditions
of distance to be traveled or the lack of
highway, road, or transportation do
not allow for court appearances within
48 hours (excluding Saturdays, Sun-
days, and legal holidays) so that a
brief (not to exceed an additional 48
hours) delay is excusable; or
‘‘(III) is located where conditions
of safety exist (such as severe adverse,
life-threatening weather conditions that
do not allow for reasonably safe trav-
el), in which case the time for an ap-
pearance may be delayed until 24
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hours after the time that such condi-
tions allow for reasonable safe travel;
‘‘(C) juveniles who are accused of nonstatus
offenses and who are detained or confined in a
jail or lockup that satisfies the requirements of
subparagraph (B)(i) if—
‘‘(i) such jail or lockup—
‘‘(I) is located outside a metro-
politan statistical area (as defined by
the Office of Management and Budget);
and
‘‘(II) has no existing acceptable
alternative placement available;
‘‘(ii) a parent or other legal guardian
(or guardian ad litem) of the juvenile in-
volved consents to detaining or confining
such juvenile in accordance with this sub-
paragraph and the parent has the right to
revoke such consent at any time;
‘‘(iii) the juvenile has counsel, and the
counsel representing such juvenile has an
opportunity to present the juvenile’s posi-
tion regarding the detention or confinement
involved to the court before the court finds
that such detention or confinement is in the
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best interest of such juvenile and approves
such detention or confinement; and
‘‘(iv) detaining or confining such juve-
nile in accordance with this subparagraph
is—
‘‘(I) approved in advance by a
court with competent jurisdiction;
‘‘(II) required to be reviewed peri-
odically, at intervals of not more than
5 days (excluding Saturdays, Sundays,
and legal holidays), by such court for
the duration of detention or confine-
ment, which review may be in the pres-
ence of the juvenile; and
‘‘(III) for a period preceding the
sentencing (if any) of such juvenile;
‘‘(14) provide assurances that consideration will
be given to and that assistance will be available for
approaches designed to strengthen the families of de-
linquent and other youth to prevent juvenile delin-
quency (which approaches should include the involve-
ment of grandparents or other extended family mem-
bers, when possible, and appropriate and the provi-
sion of family counseling during the incarceration of
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juvenile family members and coordination of family
services when appropriate and feasible);
‘‘(15) provide for procedures to be established for
protecting the rights of recipients of services and for
assuring appropriate privacy with regard to records
relating to such services provided to any individual
under the State plan;
‘‘(16) provide for such fiscal control and fund ac-
counting procedures necessary to assure prudent use,
proper disbursement, and accurate accounting of
funds received under this title;
‘‘(17) provide reasonable assurances that Federal
funds made available under this part for any period
shall be so used as to supplement and increase (but
not supplant) the level of the State, local, and other
non-Federal funds that would in the absence of such
Federal funds be made available for the programs de-
scribed in this part, and shall in no event replace
such State, local, and other non-Federal funds;
‘‘(18) provide that the State agency designated
under paragraph (1) will, not less often than annu-
ally, review its plan and submit to the Administrator
an analysis and evaluation of the effectiveness of the
programs and activities carried out under the plan,
and any modifications in the plan, including the sur-
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vey of State and local needs, that the agency considers
necessary;
‘‘(19) provide assurances that the State or each
unit of local government that is a recipient of
amounts under this part require that any person con-
victed of a sexual act or sexual contact involving any
other person who has not attained the age of 18 years,
and who is not less than 4 years younger than such
convicted person, be tested for the presence of any sex-
ually transmitted disease and that the results of such
test be provided to the victim or to the family of the
victim as well as to any court or other government
agency with primary authority for sentencing the
person convicted for the commission of the sexual act
or sexual contact (as those terms are defined in para-
graphs (2) and (3), respectively, of section 2246 of
title 18, United States Code) involving a person not
having attained the age of 18 years;
‘‘(20) provide that if a juvenile is taken into cus-
tody for violating a valid court order issued for com-
mitting a status offense—
‘‘(A) an appropriate public agency shall be
promptly notified that such juvenile is held in
custody for violating such order;
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‘‘(B) not later than 24 hours during which
such juvenile is so held, an authorized represent-
ative of such agency shall interview, in person,
such juvenile; and
‘‘(C) not later than 48 hours during which
such juvenile is so held—
‘‘(i) such representative shall submit
an assessment to the court that issued such
order, regarding the immediate needs of
such juvenile; and
‘‘(ii) such court shall conduct a hear-
ing to determine—
‘‘(I) whether there is reasonable
cause to believe that such juvenile vio-
lated such order; and
‘‘(II) the appropriate placement of
such juvenile pending disposition of the
violation alleged;
‘‘(21) specify a percentage, if any, of funds re-
ceived by the State under section 221 that the State
will reserve for expenditure by the State to provide
incentive grants to units of local government that re-
duce the case load of probation officers within such
units;
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‘‘(22) provide that the State, to the maximum
extent practicable, will implement a system to ensure
that if a juvenile is before a court in the juvenile jus-
tice system, public child welfare records (including
child protective services records) relating to such juve-
nile that are on file in the geographical area under
the jurisdiction of such court will be made known to
such court;
‘‘(23) unless the provisions of this paragraph are
waived at the discretion of the Administrator for any
State in which the services for delinquent or other
youth are organized primarily on a statewide basis,
provide that at least 50 percent of funds received by
the State under this section, other than funds made
available to the State advisory group, shall be
expended—
‘‘(A) through programs of units of general
local government or combinations thereof, to the
extent such programs are consistent with the
State plan; and
‘‘(B) through programs of local private
agencies, to the extent such programs are con-
sistent with the State plan, except that direct
funding of any local private agency by a State
shall be permitted only if such agency requests
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such funding after it has applied for and been
denied funding by any unit of general local gov-
ernment or combination thereof;
‘‘(24) provide for the establishment of youth tri-
bunals and peer ‘juries’ in school districts in the
State to promote zero tolerance policies with respect
to misdemeanor offenses, acts of juvenile delinquency,
and other antisocial behavior occurring on school
grounds, including truancy, vandalism, underage
drinking, and underage tobacco use;
‘‘(25) provide for projects to coordinate the deliv-
ery of adolescent mental health and substance abuse
services to children at risk by coordinating councils
composed of public and private service providers;
‘‘(26) provide assurances that—
‘‘(A) any assistance provided under this Act
will not cause the displacement (including a
partial displacement, such as a reduction in the
hours of nonovertime work, wages, or employ-
ment benefits) of any currently employed em-
ployee;
‘‘(B) activities assisted under this Act will
not impair an existing collective bargaining re-
lationship, contract for services, or collective bar-
gaining agreement; and
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‘‘(C) no such activity that would be incon-
sistent with the terms of a collective bargaining
agreement shall be undertaken without the writ-
ten concurrence of the labor organization in-
volved;
‘‘(27) to the extent that segments of the juvenile
population are shown to be detained or confined in
secure detention facilities, secure correctional facili-
ties, jails, and lockups, to a greater extent than the
proportion of these groups in the general juvenile pop-
ulation, address prevention efforts designed to reduce
such disproportionate confinement, without requiring
the release or the failure to detain any individual;
and
‘‘(28) demonstrate that the State has in effect a
policy or practice that requires State or local law en-
forcement agencies to—
‘‘(A) present before a judicial officer any ju-
venile who unlawfully possesses a firearm in a
school; and
‘‘(B) detain such juvenile in an appropriate
juvenile facility or secure community-based
placement for not less than 24 hours for appro-
priate evaluation, upon a finding by the judicial
officer that the juvenile may be a danger to him-
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self or herself, to other individuals, or to the com-
munity in which that juvenile resides.
‘‘(b) APPROVAL BY STATE AGENCY.—
‘‘(1) STATE
AGENCY.—The State agency des-
ignated under subsection (a)(1) shall approve the
State plan and any modification thereof prior to sub-
mission of the plan to the Administrator.
‘‘(2) STATE ADVISORY GROUP.—
‘‘(A) ESTABLISHMENT.—The State advisory
group referred to in subsection (a) shall be
known as the ‘State Advisory Group’. The State
Advisory Group shall consist of representatives
from both the private and public sector, each of
whom shall be appointed for a term of not more
than 6 years. The State shall ensure that mem-
bers of the State Advisory Group shall have expe-
rience in the area of juvenile delinquency preven-
tion, the prosecution of juvenile offenders, the
treatment of juvenile delinquency, the investiga-
tion of juvenile crimes, or the administration of
juvenile justice programs, and shall include not
less than 1 prosecutor and not less than 1 judge
from a court with a juvenile crime or delin-
quency docket. The chairperson of the State Ad-
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visory Group shall not be a full-time employee of
the Federal Government or the State government.
‘‘(B) CONSULTATION.—
‘‘(i) IN GENERAL.—The State Advisory
Group established under subparagraph (A)
shall—
‘‘(I) participate in the develop-
ment and review of the State plan
under this section before submission to
the supervisory agency for final action;
and
‘‘(II) be afforded an opportunity
to review and comment, not later than
30 days after the submission to the
State Advisory Group, on all juvenile
justice and delinquency prevention
grant applications submitted to the
State agency designated under sub-
section (a)(1).
‘‘(ii) AUTHORITY.—The State Advisory
Group shall report to the chief executive of-
ficer and the legislature of the State on an
annual basis regarding recommendations
related to the State’s compliance under this
section.
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‘‘(C) FUNDING.—From amounts reserved for
administrative costs, the State may make avail-
able to the State Advisory Group such sums as
may be necessary to assist the State Advisory
Group in adequately performing its duties under
this paragraph.
‘‘(c) 
COMPLIANCE
WITH
STATUTORY
REQUIRE-
MENTS.—
‘‘(1) IN GENERAL.—If a State fails to comply
with any of the applicable requirements of paragraph
(11), (12), (13), (27), or (28) of subsection (a) in any
fiscal year beginning after September 30, 2000, the
amount allocated to such State for the subsequent fis-
cal year shall be reduced by not to exceed 10 percent
for each such paragraph with respect to which the
failure occurs, unless the Administrator determines
that the State—
‘‘(A) has achieved substantial compliance
with such applicable requirements with respect
to which the State was not in compliance; and
‘‘(B) has made, through appropriate execu-
tive or legislative action, an unequivocal com-
mitment to achieving full compliance with such
applicable requirements within a reasonable
time.
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‘‘(2) WAIVER.—The Administrator may, upon
request by a State showing good cause, waive the ap-
plication of this subsection with respect to such State.
‘‘SEC. 223. ALLOCATION OF GRANTS.
‘‘(a) IN GENERAL.—Subject to subsections (b), (c), and
(d), the amount allocated under section 291 to carry out
this part in each fiscal year that remains after reservation
under section 208(b) for that fiscal year shall be allocated
to the States as follows:
‘‘(1) 0.5 percent shall be allocated to each eligible
State.
‘‘(2) The amount remaining after the allocation
under clause (i) shall be allocated proportionately
based on the juvenile population in the eligible States.
‘‘(b) SYSTEM SUPPORT GRANTS.—Of the amount allo-
cated under section 291 to carry out this part in each fiscal
year that remains after reservation under section 208(b) for
that fiscal year, up to 10 percent may be available for use
by the Administrator to provide—
‘‘(1) training and technical assistance consistent
with the purposes authorized under sections 204, 205,
and 221;
‘‘(2) direct grant awards and other support to
develop, test, and demonstrate new approaches to im-
proving the juvenile justice system and reducing, pre-
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venting, and abating delinquent behavior, juvenile
crime, and youth violence;
‘‘(3) for research and evaluation efforts to dis-
cover and test methods and practices to improve the
juvenile justice system and reduce, prevent, and abate
delinquent behavior, juvenile crime, and youth vio-
lence; and
‘‘(4) information, including information on best
practices, consistent with purposes authorized under
sections 204, 205, and 221.
‘‘(c) EXCEPTION.—The amount allocated to the Virgin
Islands of the United States, Guam, American Samoa, the
Trust Territory of the Pacific Islands, and the Common-
wealth of the Northern Mariana Islands shall be not less
than $75,000 and not more than $100,000.
‘‘(d) ADMINISTRATIVE COSTS.—A State, unit of local
government, or eligible unit that receives funds under this
part may not use more than 5 percent of those funds to
pay for administrative costs.
‘‘PART C—NATIONAL PROGRAMS
‘‘SEC. 241. ESTABLISHMENT OF NATIONAL INSTITUTE FOR
JUVENILE 
CRIME 
CONTROL 
AND 
DELIN-
QUENCY PREVENTION.
‘‘(a) IN GENERAL.—There is established within the
National Institute of Justice a National Institute for Juve-
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nile Crime Control and Delinquency Prevention, the pur-
pose of which shall be to provide—
‘‘(1) through the National Institute of Justice,
for the rigorous and independent evaluation of the de-
linquency and youth violence prevention programs
funded under this title; and
‘‘(2) funding for new research, through the Na-
tional Institute of Justice, on the nature, causes, and
prevention of juvenile violence and juvenile delin-
quency.
‘‘(b) ADMINISTRATION.—The National Institute for
Juvenile Crime Control and Delinquency Prevention shall
be under the supervision and direction of the Director of
the National Institute of Justice (referred to in this part
as the ‘Director’), in consultation with the Administrator.
‘‘(c) COORDINATION.—The activities of the National
Institute for Juvenile Crime Control and Delinquency Pre-
vention shall be coordinated with the activities of the Na-
tional Institute of Justice.
‘‘(d) DUTIES OF THE INSTITUTE.—
‘‘(1) IN
GENERAL.—The Administrator shall
transfer appropriated amounts to the National Insti-
tute of Justice, or to other Federal agencies, for the
purposes of new research and evaluation projects
funded by the National Institute for Juvenile Crime
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Control and Delinquency Prevention, and for evalua-
tion of discretionary programs of the Office of Juve-
nile Crime Control and Prevention.
‘‘(2) REQUIREMENTS.—Each evaluation and re-
search study funded with amounts transferred under
paragraph (1) shall—
‘‘(A) be independent in nature;
‘‘(B) be awarded competitively; and
‘‘(C) employ rigorous and scientifically rec-
ognized standards and methodologies, including
peer review by nonapplicants.
‘‘(e) POWERS OF THE INSTITUTE.—In addition to the
other powers, express and implied, the National Institute
for Juvenile Crime Control and Delinquency Prevention
may—
‘‘(1) request any Federal agency to supply such
statistics, data, program reports, and other material
as the National Institute for Juvenile Crime Control
and Delinquency Prevention deems necessary to carry
out its functions;
‘‘(2) arrange with and reimburse the heads of
Federal agencies for the use of personnel or facilities
or equipment of such agencies;
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‘‘(3) confer with and avail itself of the coopera-
tion, services, records, and facilities of State, munic-
ipal, or other public or private local agencies;
‘‘(4) make grants and enter into contracts with
public or private agencies, organizations, or individ-
uals for the partial performance of any functions of
the National Institute for Juvenile Crime Control and
Delinquency Prevention; and
‘‘(5) compensate consultants and members of
technical advisory councils who are not in the regular
full-time employ of the United States, at a rate now
or hereafter payable under section 5376 of title 5,
United States Code, and while away from home, or
regular place of business, they may be allowed travel
expenses, including per diem in lieu of subsistence, as
authorized by section 5703 of title 5, United States
Code, for persons in the Government service employed
intermittently.
‘‘(f) INFORMATION FROM FEDERAL AGENCIES.—A
Federal agency that receives a request from the National
Institute for Juvenile Crime Control and Delinquency Pre-
vention under subsection (e)(1) may cooperate with the Na-
tional Institute for Juvenile Crime Control and Delin-
quency Prevention and shall, to the maximum extent prac-
ticable, consult with and furnish information and advice
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to the National Institute for Juvenile Crime Control and
Delinquency Prevention.
‘‘SEC. 242. INFORMATION FUNCTION.
‘‘The Administrator, in consultation with the Director,
shall—
‘‘(1) on a continuing basis, review reports, data,
and standards relating to the juvenile justice system
in the United States;
‘‘(2) serve as an information bank by collecting
systematically and synthesizing the knowledge ob-
tained from studies and research by public and pri-
vate agencies, institutions, or individuals concerning
all aspects of juvenile delinquency, including the pre-
vention and treatment of juvenile delinquency; and
‘‘(3) serve as a clearinghouse and information
center for the preparation, publication, and dissemi-
nation of all information regarding juvenile delin-
quency, including State and local juvenile delin-
quency prevention and treatment programs (includ-
ing drug and alcohol programs and gender-specific
programs) and plans, availability of resources, train-
ing and educational programs, statistics, and other
pertinent data and information.
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‘‘SEC. 242A. STATISTICAL ANALYSIS.
‘‘The Administrator, under the supervision of the As-
sistant Attorney General for the Office of Justice Programs,
and in consultation with the Director, may—
‘‘(1) transfer funds to and enter into agreements
with the Bureau of Justice Statistics or, subject to the
approval of the Assistant Attorney General for the Of-
fice of Justice Programs, to another Federal agency
authorized by law to undertake statistical work in ju-
venile justice matters, for the purpose of providing for
the collection, analysis, and dissemination of statis-
tical data and information relating to juvenile crime,
the juvenile justice system, and youth violence, and
for other purposes, consistent with the Violent and
Repeat Juvenile Offender Accountability Act of 1999;
and
‘‘(2) plan and identify, in consultation with the
Director of the Bureau of Justice Statistics, the pur-
poses and goals of each grant made or contract or
other agreement entered into under this title.
‘‘SEC. 243. RESEARCH, DEMONSTRATION, AND EVALUATION
FUNCTIONS.
‘‘(a) 
IN
GENERAL.—The 
Administrator, 
acting
through the National Institute for Juvenile Crime Control
and Delinquency Prevention, as appropriate, may—
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‘‘(1) conduct, encourage, and coordinate research
and evaluation into any aspect of juvenile delin-
quency, particularly with regard to new programs
and methods that show promise of making a contribu-
tion toward the prevention and treatment of juvenile
delinquency;
‘‘(2) encourage the development of demonstration
projects in new, innovative techniques and methods to
prevent and treat juvenile delinquency;
‘‘(3) establish or expand programs that, in rec-
ognition of varying degrees of the seriousness of delin-
quent behavior and the corresponding gradations in
the responses of the juvenile justice system in response
to that behavior, are designed to—
‘‘(A) encourage courts to develop and imple-
ment a continuum of post-adjudication re-
straints that bridge the gap between traditional
probation and confinement in a correctional set-
ting (including expanded use of probation, medi-
ation, restitution, community service, treatment,
home detention, intensive supervision, electronic
monitoring, boot camps and similar programs,
and secure community-based treatment facilities
linked to other support services such as health,
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mental health, education (remedial and special),
job training, and recreation); and
‘‘(B) assist in the provision by the Adminis-
trator of best practices of information and tech-
nical assistance, including technology transfer, to
States in the design and utilization of risk as-
sessment mechanisms to aid juvenile justice per-
sonnel in determining appropriate sanctions for
delinquent behavior;
‘‘(4) encourage the development of programs that,
in addition to helping youth take responsibility for
their behavior, through control and incarceration, if
necessary, provide therapeutic intervention such as
providing skills;
‘‘(5) encourage the development and establish-
ment of programs to enhance the States’ ability to
identify chronic serious and violent juvenile offenders
who commit crimes such as rape, murder, firearms of-
fenses, gang-related crimes, violent felonies, and seri-
ous drug offenses;
‘‘(6) prepare, in cooperation with education in-
stitutions, with Federal, State, and local agencies,
and with appropriate individuals and private agen-
cies, such studies as it considers to be necessary with
respect to prevention of and intervention with juve-
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nile violence and delinquency and the improvement of
juvenile justice systems, including—
‘‘(A) evaluations of programs and interven-
tions designed to prevent youth violence and ju-
venile delinquency;
‘‘(B) assessments and evaluations of the
methodological approaches to evaluating the ef-
fectiveness of interventions and programs de-
signed to prevent youth violence and juvenile de-
linquency;
‘‘(C) studies of the extent, nature, risk, and
protective factors, and causes of youth violence
and juvenile delinquency;
‘‘(D) comparisons of youth adjudicated and
treated by the juvenile justice system compared
to juveniles waived to and adjudicated by the
adult criminal justice system (including incar-
cerated in adult, secure correctional facilities);
‘‘(E) recommendations with respect to effec-
tive and ineffective primary, secondary, and ter-
tiary prevention interventions, including for
which juveniles, and under what circumstances
(including circumstances connected with the
staffing of the intervention), prevention efforts
are effective and ineffective; and
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‘‘(F) assessments of risk prediction systems
of juveniles used in making decisions regarding
pretrial detention;
‘‘(7) disseminate the results of such evaluations
and research and demonstration activities particu-
larly to persons actively working in the field of juve-
nile delinquency;
‘‘(8) disseminate pertinent data and studies to
individuals, agencies, and organizations concerned
with the prevention and treatment of juvenile delin-
quency; and
‘‘(9) routinely collect, analyze, compile, publish,
and 
disseminate 
uniform 
national 
statistics
concerning—
‘‘(A) all aspects of juveniles as victims and
offenders;
‘‘(B) the processing and treatment, in the
juvenile justice system, of juveniles who are sta-
tus offenders, delinquent, neglected, or abused;
and
‘‘(C) the processing and treatment of such
juveniles who are treated as adults for purposes
of the criminal justice system.
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‘‘(b) PUBLIC DISCLOSURE.—The Administrator or the
Director, as appropriate, shall make available to the
public—
‘‘(1) the results of research, demonstration, and
evaluation activities referred to in subsection (a)(8);
‘‘(2) the data and studies referred to in sub-
section (a)(9); and
‘‘(3) regular reports regarding each State’s objec-
tive measurements of youth violence, such as the num-
ber, rate, and trend of homicides committed by
youths.
‘‘SEC. 244. TECHNICAL ASSISTANCE AND TRAINING FUNC-
TIONS.
‘‘The Administrator may—
‘‘(1) provide technical assistance and training
assistance to Federal, State, and local governments
and to courts, public and private agencies, institu-
tions, and individuals in the planning, establishment,
funding, operation, and evaluation of juvenile delin-
quency programs;
‘‘(2) develop, conduct, and provide for training
programs for the training of professional, paraprofes-
sional, and volunteer personnel, and other persons
who are working with or preparing to work with ju-
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veniles, juvenile offenders (including juveniles who
commit hate crimes), and their families;
‘‘(3) develop, conduct, and provide for seminars,
workshops, and training programs in the latest prov-
en effective techniques and methods of preventing and
treating juvenile delinquency for law enforcement offi-
cers, juvenile judges, prosecutors, and defense attor-
neys, and other court personnel, probation officers,
correctional personnel, and other Federal, State, and
local government personnel who are engaged in work
relating to juvenile delinquency;
‘‘(4) develop technical training teams to aid in
the development of training programs in the States
and to assist State and local agencies that work di-
rectly with juveniles and juvenile offenders; and
‘‘(5) provide technical assistance and training to
assist States and units of general local government.
‘‘SEC. 245. ESTABLISHMENT OF TRAINING PROGRAM.
‘‘(a) IN GENERAL.—The Administrator shall establish
a training program designed to train enrollees with respect
to methods and techniques for the prevention and treatment
of juvenile delinquency, including methods and techniques
specifically designed to prevent and reduce the incidence of
hate crimes committed by juveniles. In carrying out this
program the Administrator may make use of available
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State and local services, equipment, personnel, facilities,
and the like.
‘‘(b) QUALIFICATIONS FOR ENROLLMENT.—Enrollees
in the training program established under this section shall
be drawn from law enforcement and correctional personnel
(including volunteer lay personnel), teachers and special
education personnel, family counselors, child welfare work-
ers, juvenile judges and judicial personnel, persons associ-
ated with law-related education, public recreation per-
sonnel, youth workers, and representatives of private agen-
cies and organizations with specific experience in the pre-
vention and treatment of juvenile delinquency.
‘‘SEC. 246. REPORT ON STATUS OFFENDERS.
‘‘Not later than September 1, 2002, the Administrator,
through the National Institute of Justice, shall—
‘‘(1) conduct a study on the effect of incarcer-
ation on status offenders compared to similarly situ-
ated individuals who are not placed in secure deten-
tion in terms of the continuation of their inappro-
priate or illegal conduct, delinquency, or future
criminal behavior, and evaluating the safety of status
offenders placed in secure detention; and
‘‘(2) submit to the Chairman and Ranking Mem-
ber of the Committee on the Judiciary of the Senate
and the Chairman and Ranking Member of the Com-