916
(b) PRIORITY.—In awarding grants and contracts 
under section 9109, a consortium shall give priority to—
(1) existing entities that carry out youth devel-
opment programs or health, mental health, fitness, 
education, workforce preparation, substance abuse 
prevention, child welfare, evaluation and assessment, 
parenting, recreation, arts and cultural engagement, 
teen pregnancy prevention, rehabilitative, or residen-
tial services to youth (as of the date of submission 
of the area plan) that use proven methods and mate-
rials supported by evaluation and can demonstrate 
effective service delivery and sustainability; and 
(2) entities that submit applications under sec-
tion 9111 that—
(A) evidence collaboration among commu-
nity agencies in providing services under an 
area plan; 
(B) are outcome driven; 
(C) evidence youth leadership opportuni-
ties; 
(D) evidence sustainable, continuous, and 
sequential activities for youth; 
(E) evidence strong management practices; 
(F) evidence strong workforce training and 
retention efforts; and
917
(G) evidence a commitment to evaluation 
or other methods of continual reflection on im-
proving quality and efficacy. 
(c) ADMINISTRATIVE EXPENSES.—An entity that re-
ceives a grant or contract under section 9109 may use 
up to 5 percent of the funds received through the grant 
or contract for the cost of administrative expenses. 
(d) LIMITATION.—A for-profit entity that receives a 
grant or contract under section 9109 may not use funds 
made available through the grant or contract for the pur-
poses of generating additional profits. 
SEC. 9111. APPLICATIONS. 
To be eligible to receive a grant or contract under 
section 9109 to carry out youth development programs 
under an area plan, an entity shall submit an application 
to the consortium for the area at such time, in such man-
ner, and containing such information as the consortium 
and the appropriate State agency, may reasonably require. 
Such application shall include specific descriptions of how 
the entity will implement section 9112(a). 
SEC. 9112. YOUTH DEVELOPMENT PROGRAMS. 
(a) ACCESS.—An eligible entity that receives a grant 
or contract under section 9109 to carry out a youth devel-
opment program shall implement a program that pro-
motes, either directly, through a contract, or indirectly
918
through collaboration with other community entities, ac-
cess to the full array of core resources described in section 
9002. 
(b) ACTIVITIES.—An eligible entity that receives a 
grant or contract under section 9109 to carry out a youth 
development program may include among eligible activities 
provided through the program, which are part of an effort 
to provide access to, and participation in, the full array 
of core resources described in section 9002—
(1) character development and ethical enrich-
ment activities; 
(2) mentoring activities, including one-to-one 
relationship building and tutoring; 
(3) provision and support of community youth 
centers and clubs; 
(4) nonschool hours, weekend, and summer pro-
grams and camps; 
(5) sports, recreation, and other activities pro-
moting physical fitness and teamwork; 
(6) services that promote health and healthy de-
velopment and behavior on the part of youth, includ-
ing risk avoidance programs; 
(7) academic enrichment, peer counseling and 
teaching, and literacy activities;
919
(8) camping, environmental, and science edu-
cation; 
(9) arts and cultural engagement, including 
through music, fine and performing arts; 
(10) workforce preparation, youth entrepreneur-
ship, and technological and vocational skill building; 
(11) opportunities for community service and 
community action aimed at involving youth in pro-
viding the full array of core resources described in 
section 9002 to other youth, including opportunities 
provided in conjunction with activities being per-
formed by entities under the National and Commu-
nity Service Act of 1990 (42 U.S.C. 12501 et seq.); 
(12) opportunities that engage youth in civic 
participation and as leaders or partners in decision-
making, especially opportunities with respect to pro-
grams and strategies that seek to offer access to, 
and participation in, the full array of core resources 
described in section 9002; 
(13) special interest group activities or courses, 
including activities or courses regarding video pro-
duction, cooking, gardening, pet care, photography, 
and other youth-identified interests;
920
(14) efforts focused on building the capacity of 
community-based youth workers, utilizing commu-
nity colleges, colleges, and universities; 
(15) public and private youth led programs, in-
cluding such programs provided by youth-serving or 
youth development organizations; 
(16) transportation services to foster the par-
ticipation of youth in youth development programs 
in the community involved; 
(17) subsidies for youth that meet the income 
eligibility guidelines for a free or reduced price lunch 
under section 9(b) of the Richard B. Russell Na-
tional School Lunch Act (42 U.S.C. 1758(b)), if the 
provision of such a subsidy allows a youth to fully 
participate in a youth development program that is 
part of a strategy to promote access to, and partici-
pation in, the full array of core resources described 
in section 9002; 
(18) training or group counseling to assist 
youth, by State certified counselors, psychologists, 
social workers, or other State licensed or certified 
mental health professionals who are qualified under 
State law to provide such services to youth; and 
(19) referrals to State certified counselors, psy-
chologists, social workers, or other State licensed or
921
certified mental health professionals or health pro-
fessionals who are qualified under State law to pro-
vide such services to youth. 
(c) INFORMATION.— An eligible entity that receives 
a grant or contract under section 9109 shall be considered 
to be a person directly connected with the administration 
of a Federal education program for purposes of section 
9(b)(2)(C)(iii)(II)(aa) of the Richard B. Russell National 
School Lunch Act (7 U.S.C. 1758(b)(2)(C)(iii)(II)). A 
school serving youth who are receiving services under this 
chapter from the eligible entity shall provide information 
to the eligible entity on the income eligibility status of the 
youth who are children described in section 9(b)(2)(C)(iv) 
of such Act (7 U.S.C. 1758(b)(2)(C)(iv)), in accordance 
with that section, to enable the eligible entity to determine 
eligibility for subsidies under subsection (b)(17). 
(d) PARTICIPATION IN PLANNING, DESIGN, AND IM-
PLEMENTATION.—An eligible entity that receives a grant 
or contract under section 9109 shall actively engage par-
ents, grandparents, guardians, and youth in the planning, 
design, and implementation of youth development pro-
grams supported by funds made available through the 
grant or contract, including using consumer feedback and 
evaluation mechanisms at least once a year.
922
CHAPTER 3—ACCOUNTABILITY 
SEC. 9201. PURPOSES. 
The purposes of this chapter are—
(1) to ensure that funds appropriated to carry 
out this subtitle are expended in compliance with 
this subtitle; and 
(2) to establish mechanisms at the Federal, 
State, and local levels to monitor expenditures of the 
funds and respond to noncompliance with this sub-
title. 
SEC. 9202. FEDERAL LEVEL ACCOUNTABILITY. 
(a) DATA COLLECTION AND USE.—The Associate 
Commissioner shall collect, collate, and review data re-
ceived from States under section 9104(a)(2)(K) and shall 
make such data available, in the aggregate and by State, 
to the Coordinating Council for National Youth Policy, 
Congress, and (on request) to the general public. 
(b) CORRECTION OF DEFICIENCIES.—If the Asso-
ciate Commissioner determines, based on a review of State 
annual reports, State youth development plans, State data 
submissions, audits, evaluations, or other documentation 
required under this subtitle, that a State or eligible entity 
that receives funds through a grant or contract made 
under this subtitle is not complying with the requirements 
of this subtitle, the Associate Commissioner shall—
923
(1) notify the State or eligible entity of the defi-
ciencies that require correction and request that the 
State or entity submit a plan to correct the defi-
ciencies; 
(2) negotiate a plan to correct the deficiencies, 
and provide appropriate training or technical assist-
ance designed to assist the State or eligible entity in 
complying with the requirements of this subtitle; and 
(3) if the State or eligible entity fails to submit 
or negotiate a plan to correct the deficiencies or fails 
to make substantial efforts, within 6 months after 
the date of the notification described in paragraph 
(1), to correct the deficiencies and comply with the 
requirements of this subtitle—
(A) terminate the provision of funds under 
this subtitle to the State or entity for the re-
mainder of the period of the grant or contract; 
and 
(B) disburse such funds in the manner 
prescribed in section 9103(e) for funds withheld 
under that section. 
SEC. 9203. STATE LEVEL ACCOUNTABILITY. 
If the State agency designated in section 9104(a)(1) 
determines, based on a review of reports, data submis-
sions, audits, evaluations, or other documentation required
924
under this subtitle, that a consortium or eligible entity 
that receives funds through a grant or contract made 
under this subtitle is not complying with the requirements 
of this subtitle, the State agency shall—
(1) notify the consortium or eligible entity of 
the deficiencies that require correction and request 
that the consortium or entity submit a plan to cor-
rect the deficiencies; 
(2) negotiate a plan to correct the deficiencies, 
and provide appropriate training or technical assist-
ance designed to assist the consortium or eligible en-
tity in complying with the requirements of this sub-
title; and 
(3) if the consortium or eligible entity fails to 
submit or negotiate a plan to correct the deficiencies 
or fails to make substantial efforts, within 6 months 
after the date of the notification described in para-
graph (1), to correct the deficiencies and comply 
with the requirements of this subtitle, terminate the 
provision of funds under this subtitle to the consor-
tium or entity for the remainder of the period of the 
grant or contract. 
SEC. 9204. LOCAL LEVEL ACCOUNTABILITY. 
If a consortium determines, based on a review of re-
ports, data submissions, audits, evaluations, or other doc-
925
umentation required under this subtitle, that an eligible 
entity that receives funds through a grant or contract 
made under this subtitle is not complying with the require-
ments of this subtitle, the consortium shall—
(1) notify the eligible entity of the deficiencies 
that require correction and request that the entity 
submit a plan to correct the deficiencies; 
(2) negotiate a plan to correct the deficiencies 
and provide appropriate training or technical assist-
ance designed to assist the eligible entity in com-
plying with the requirements of this subtitle; and 
(3) if the eligible entity fails to submit or nego-
tiate a plan to correct the deficiencies or fails to 
make substantial efforts, within 6 months after the 
date of the notification described in paragraph (1), 
to correct the deficiencies and comply with the re-
quirements of this subtitle, terminate the provision 
of funds under this subtitle of the entity for the re-
mainder of the period of the grant or contract. 
SEC. 9205. STATE AUDIT. 
Each State that receives funds under this subtitle 
shall submit annually, to the Associate Commissioner, the 
findings of an independent audit conducted in accordance 
with chapter 75 of title 31, United States Code, con-
cerning the use of such funds.
926
CHAPTER 4—TRAINING, RESEARCH, AND 
EVALUATION 
SEC. 9301. PURPOSE. 
The purpose of this chapter is to expand the Nation’s 
knowledge and understanding of youth, youth development 
programs, and community mobilization aimed at providing 
all youth with access to, and participation in, the full array 
of core resources described in section 9002 by—
(1) assisting States in evaluating the effective-
ness of activities implemented under this subtitle 
(including evaluating the outcomes resulting from 
the activities alongside the activities’ inputs and fi-
delity of these inputs), including assisting in the 
specification of a minimum set of quality, outcome, 
and utilization data to be collected, and development 
of common definitions to be used, by entities receiv-
ing funds under this subtitle; 
(2) placing priority on the education and train-
ing of personnel, with respect to youth development 
programs, to work with youth, with a special empha-
sis on youth with special developmental needs; 
(3) conducting research (that includes samples 
that are representative of broader populations; that 
is longitudinal; that can examine effects across mul-
tiple levels, such as the effects on youth, programs,
927
and communities; and that addresses participation, 
selection, participant retention, and program reach) 
and identifying effective practices directly related to 
the field of youth development; 
(4) disseminating widely information acquired 
through such research to national, State, and local 
youth development organizations and youth-serving 
organizations; and 
(5) establishing a clearinghouse for the collec-
tion, dissemination, training, and technical assist-
ance of youth development best practices, including 
quality, outcome, and performance measurements. 
SEC. 9302. GRANTS AND CONTRACTS. 
(a) IN GENERAL.—The Associate Commissioner may 
award grants and contracts to eligible entities to carry out 
evaluation, education and training, and dissemination ac-
tivities described in this section. 
(b) EVALUATION.—
(1) SYSTEM.—The Associate Commissioner 
shall develop and establish a system for evaluating 
the effectiveness of activities implemented under this 
subtitle, including mechanisms for determining and 
measuring programmatic inputs and outcomes re-
sulting from those activities.
928
(2) DISTRIBUTION.—In awarding grants and 
contracts under subsection (a), the Associate Com-
missioner shall use 50 percent of the funds appro-
priated to carry out this chapter for an equitable 
distribution among the States to allow State agen-
cies to be responsible for evaluating the effectiveness 
of the activities implemented in the State under this 
subtitle, including, at a minimum, collecting the 
quality, outcome, and utilization data described in 
section 9301(1). 
(c) EDUCATION
AND
TRAINING.—The Associate 
Commissioner shall develop and establish a system for 
providing education and training of personnel of States 
and consortia to increase their capacity to work with 
youth, with a special emphasis on youth with special devel-
opmental needs, in carrying out quality youth development 
programs under this subtitle. 
(d) IMPACT EVALUATION.—
(1) BIENNIAL EVALUATION.—
(A) IN GENERAL.—The Associate Commis-
sioner shall conduct an independent biennial 
evaluation of the impact of youth development 
programs assisted under this subtitle to pro-
mote positive youth development.
929
(B) CONTENTS.—The evaluation shall re-
port on—
(i) whether the entities carrying out 
the youth development programs—
(I) provided a thorough assess-
ment of local resources and barriers 
to access to, and participation in, the 
full array of core resources; 
(II) used objective data and the 
knowledge of a wide range of commu-
nity members; 
(III) developed measurable goals 
and objectives; 
(IV) implemented research-based 
youth development programs that 
have been shown to be effective and 
meet identified needs; and 
(V) conducted periodic evalua-
tions to assess progress made toward 
achieving the goals and objectives and 
used evaluations to improve the goals 
and objectives, and the youth develop-
ment programs; 
(ii) whether the youth development 
programs have been designed and imple-
930
mented in a manner that specifically tar-
gets, if relevant to the youth development 
programs—
(I) research-based variables that 
are predictive of healthy youth devel-
opment; 
(II) risk factors that are pre-
dictive of an increased likelihood that 
youth will use drugs, alcohol, or to-
bacco, become sexually active, or en-
gage in violence or drop out of school; 
or 
(III) protective factors, buffers, 
or assets that are known to protect 
youth from exposure to risk, either by 
reducing the exposure to risk factors 
or by changing the way a youth re-
sponds to risk, and to increase the 
likelihood of positive youth develop-
ment; 
(iii) whether the entities carrying out 
the youth development programs have ap-
preciably reduced individual risk-taking be-
havior and community risk factors and in-
931
creased either individual or community 
protective factors; and 
(iv) whether the entities carrying out 
the youth development programs have in-
corporated effective youth and parent in-
volvement. 
(2) BIENNIAL REPORT.—Not later than Janu-
ary 1, 2006, and every 2 years thereafter, the Asso-
ciate Commissioner shall submit to the President 
and Congress a report on the findings of the evalua-
tion conducted under paragraph (1) together with 
data available from other sources on the well-being 
of youth. 
(e) DISSEMINATION.—The Associate Commissioner 
shall develop a system to facilitate the broad dissemination 
of information acquired through research to States, youth 
development consortia, and the public about successful 
and promising strategies for providing all youth with the 
full array of core resources described in section 9002. 
SEC. 9303. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated to carry out 
this chapter $7,000,000 for fiscal year 2004, and such 
sums as may be necessary for each of fiscal years 2005, 
2006, 2007, and 2008.
932
Subtitle E—Coordination of 
National Youth Policy 
SEC. 9401. COORDINATING COUNCIL FOR NATIONAL YOUTH 
POLICY. 
(a) ESTABLISHMENT.—There is established in the 
Executive Office of the President a Coordinating Council 
for National Youth Policy. 
(b) ADMINISTRATION.—The Assistant to the Presi-
dent for Domestic Policy within the Executive Office of 
the President shall oversee the functioning of the Council 
established under subsection (a). 
(c) COMPOSITION.—
(1) NUMBER.—The Council shall be composed 
of the following members: 
(A) The Attorney General. 
(B) The Secretary of Education. 
(C) The Secretary of Health and Human 
Services. 
(D) The Secretary of Housing and Urban 
Development. 
(E) The Secretary of Labor. 
(F) The Secretary of Transportation. 
(G) The Commissioner of Social Security.
933
(H) The Chief Executive Officer of the 
Corporation for National and Community Serv-
ice. 
(I) The heads of such other Federal de-
partments and agencies as the Secretary con-
siders appropriate. 
(J) 15 individuals who are neither officers 
nor employees of the United States. 
(2) QUALIFICATIONS
OF
NON-FEDERAL
MEM-
BERS.—The President shall appoint the members of 
the Council specified in paragraph (1)(J) from 
among—
(A) individuals who have expertise in or ex-
perience with youth development or youth-serv-
ing programs, especially programs serving rural 
and inner-city urban youth and youth with spe-
cial developmental needs; 
(B) representatives of national organiza-
tions with an interest in youth development pro-
grams; 
(C) representatives of business and faith 
communities; 
(D) parents, grandparents, and guardians; 
and
934
(E) youth who have participated in local 
youth development programs or who desire to 
participate in local youth development pro-
grams. 
(3) AGE OF NON-FEDERAL MEMBERS.—At least 
1⁄3 of the individuals appointed under paragraph 
(1)(J) shall be younger than 20 years of age at the 
time of appointment. 
(d) APPOINTMENT AND TERMS OF NON-FEDERAL 
MEMBERS.—
(1) TERMS.—
(A) IN
GENERAL.—Except as otherwise 
provided in this section, a member of the Coun-
cil appointed under subsection (c)(1)(J) shall 
serve for a term of 4 years. 
(B) END OF TERM.—The term shall end 
on March 31 regardless of the actual date of 
the appointment of such member. 
(2) SERVICE.—Members of the Council ap-
pointed under subsection (c)(1)(J) shall serve with-
out regard to the provisions of title 5, United States 
Code. 
(e) SERVICE DURING VACANCIES.—Any member of 
the Council appointed under subsection (c)(1)(J) ap-
pointed to fill a vacancy occurring prior to the expiration
935
of the term for which such public member’s predecessor 
was appointed shall be appointed for the remainder of 
such term. Members of the Council appointed under sub-
section (c)(1)(J) shall be eligible for reappointment and 
may continue to serve after the expiration of their terms 
until their successors have taken office. 
(f) VACANCIES.—Any vacancy in the Council shall 
not affect the powers of the Council, but shall be filled 
in the same manner as the original appointment was 
made. 
(g) CHAIRPERSON.—The Secretary of Health and 
Human Services shall serve as Chairperson for the Coun-
cil. 
(h) MEETINGS.—The Council shall meet at the call 
of the Chairperson at least twice a year. 
(i) DUTIES.—The Council shall—
(1) serve as an effective and visible advocate for 
youth in the Federal Government, by actively review-
ing and commenting on all Federal policies affecting 
youth; 
(2) advise and assist the President and the 
heads of Federal departments and agencies on mat-
ters regarding the core resources youth need and the 
capacity of youth to contribute to the Nation and 
their communities;
936
(3) make recommendations to the President 
and to Congress with respect to Federal policies re-
garding youth; 
(4) provide public forums for discussion on 
issues regarding youth, publicize the core resources 
youth need, and obtain information relating to en-
suring all youth access and participate in the full 
array of core resources described in section 9002, by 
conducting public hearings, and by conducting or 
sponsoring conferences, workshops, and other similar 
meetings; 
(5) develop mechanisms to foster collaboration 
and resolve administrative and programmatic con-
flicts between Federal programs that would be bar-
riers to parents, grandparents, and guardians, com-
munity-based, youth-serving, and youth development 
organizations, local government entities, State gov-
ernment entities, tribes, older adult organizations, 
parks and recreation agencies, libraries and muse-
ums, arts and cultural organizations, faith-based or-
ganizations, and organizations supporting youth in-
volved in community service and civic participation, 
related to the coordination of services and funding 
for programs promoting access to, and participation
937
in, the full array of core resources described in sec-
tion 9002; and 
(6) consult with and assist State and local gov-
ernments with respect to barriers the governments 
encounter related to the coordination of services and 
funding for youth development and youth services 
programs. 
(j) REPORTS.—Not later than March 31, 2005, and 
each subsequent year, the Council shall prepare and sub-
mit to the President an annual report of the findings and 
recommendations of the Council. The President shall 
transmit each such report to Congress together with com-
ments and recommendations. 
(k) TRAVEL EXPENSES.—Public members of the 
Council shall not receive compensation for the perform-
ance of services for the Council, but shall be allowed travel 
expenses, including per diem in lieu of subsistence, at 
rates authorized for employees of agencies under sub-
chapter I of chapter 57 of title 5, United States Code, 
while away from their homes or regular places of business 
in the performance of services for the Council. Notwith-
standing section 1342 of title 31, United States Code, the 
President may accept the voluntary and uncompensated 
services of members of the Council.
938
(l) PERMANENT COMMITTEE.—Section 14 of the 
Federal Advisory Committee Act (5 U.S.C. App.) shall not 
apply to the Council. 
(m) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this section 
$500,000 for fiscal year 2004 and such sums as may be 
necessary for fiscal years 2005 through 2008. 
Subtitle B—Youth Programs 
SEC. 9201. AMERICORPS. 
Section 501(a)(2)(A) of the National and Community 
Service Act of 1990 (42 U.S.C. 12681(a)(2)(A)) is amend-
ed by striking ‘‘$300,000,000’’ and all that follows and 
inserting ‘‘$500,000,000 for fiscal year 2004 and such 
sums as may be necessary for fiscal year 2005.’’.
SEC. 9202. YOUTHBUILD PROGRAM. 
Section 402 of the Cranston-Gonzalez National Af-
fordable Housing Act (42 U.S.C. 12870) is amended by 
adding at the end the following: 
‘‘(d) FISCAL YEARS 2004 AND 2005.—There are au-
thorized to be appropriated for grants under subtitle D, 
$107,000,000 for fiscal year 2004 and $120,000,000 for 
fiscal year 2005.’’. 
SEC. 9203. YOUTH WORKFORCE INVESTMENT ACTIVITIES. 
(a) 
YOUTH
OPPORTUNITIES
GRANTS.—Section 
127(b)(1)(A)(ii)(II) of the Workforce Investment Act of
939
1998 (29 U.S.C. 2852(b)(1)(A)(ii)(II)) is amended by 
striking ‘‘$1,250,000,000 or greater, $250,000,000.’’ and 
inserting ‘‘$1,391,000,000 or greater, $391,000,000.’’
(b) YOUTH ACTIVITIES FORMULA GRANTS.—Section 
137(a) of the Workforce Investment Act of 1998 (29 
U.S.C. 2872(a)) is amended—
(1) by striking ‘‘are authorized’’ and inserting 
‘‘is authorized’’; and 
(2) by striking ‘‘such sums’’ and all that follows 
and inserting ‘‘$2,427,000,000 for fiscal year 
2004.’’. 
(c) JOB CORPS.—Section 161 of the Workforce In-
vestment Act of 1998 (29 U.S.C. 2901) is amended—
(1) by striking ‘‘are authorized’’ and inserting 
‘‘is authorized’’; and 
(2) by striking ‘‘such sums’’ and all that follows 
and inserting ‘‘$1,400,000,000 for fiscal year 
2004.’’. 
SEC. 9204. TRANSITION TRAINING FOR REINTEGRATING 
YOUTH OFFENDERS. 
Section 821(j) of the Higher Education Amendments 
of 1998 (20 U.S.C. 1151(j)) is amended—
(1) by striking ‘‘are authorized’’ and inserting 
‘‘is authorized’’; and
940
(2) by striking ‘‘$17,000,000’’ and all that fol-
lows and inserting ‘‘$75,000,000 for fiscal year 
2004.’’.
TITLE X—SAFE START—
JUVENILE JUSTICE 
Subtitle A—Juvenile Delinquency 
Prevention and Protection 
SEC. 10001. DEFINITION OF JUVENILE. 
Section 103 of the Juvenile Justice and Delinquency 
Prevention Act of 1974 (42 U.S.C. 5603) is amended—
(1) in paragraph (28), by striking ‘‘and’’ at the 
end; 
(2) in paragraph (29), by striking the period 
and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(30) the term ‘juvenile’ means an individual 
who is less than 18 years of age.’’. 
SEC. 10002. STATE PLAN ALLOCATION. 
Section 222(a)(2)(A) of the Juvenile Justice and De-
linquency 
Prevention 
Act 
of 
1974 
(42 
U.S.C. 
5632(a)(2)(A)) is amended—
(1) by striking ‘‘$325,000’’ and inserting 
‘‘$600,000’’; and 
(2) by striking ‘‘$400,000’’ and inserting 
$750,000.
941
SEC. 10003. STATE PLAN REQUIREMENTS. 
Section 223(a) of the Juvenile Justice and Delin-
quency Prevention Act of 1974 (42 U.S.C. 5633(a)) is 
amended—
(1) in paragraph (27), by striking ‘‘and’’ at the 
end; 
(2) in paragraph (28), by striking the period 
and inserting a semicolon; and 
(3) by adding at the end the following: 
‘‘(29) provide an assurance that the State shall 
address the disparate treatment of members of mi-
nority groups at all stages of the juvenile justice sys-
tem, including intake, arrest, detention, adjudica-
tion, disposition, and transfer; 
‘‘(30) provide an assurance that the State shall 
make the amended plan submitted annually under 
this section available to the public and shall include 
in the amended plan a report of the State’s progress 
in addressing the disparate treatment of members of 
minority groups at all stages of the juvenile justice 
system, including data on any disproportionate rep-
resentation of African American, Latino, Native 
American, and Asian juveniles; 
‘‘(31) contain satisfactory evidence that the 
State has held a public hearing on the plan;
942
‘‘(32) provide an assurance that the State shall 
provide every accused or adjudicated juvenile with 
reasonable safety and security, adequate food, heat, 
light, sanitary facilities, bedding, clothing, recre-
ation, counseling, education, training, and medical 
care, including, if necessary, mental health services; 
‘‘(33) provide that not more than 3 percent of 
funds received by the State under section 222 shall 
be expended to establish a State juvenile justice coa-
lition, which coalition shall include the participation 
of juveniles; and 
‘‘(34) provide that 3 percent of funds received 
by the State under section 222 shall be expended to 
carry out paragraph (24).’’. 
Subtitle B—Mental Health Juvenile 
Justice 
SEC. 10101. SHORT TITLE. 
This subtitle may be cited as the ‘‘Mental Health Ju-
venile Justice Act’’. 
SEC. 10102. TRAINING OF JUSTICE SYSTEM PERSONNEL. 
Title II of the Juvenile Justice and Delinquency Pre-
vention Act of 1974 (42 U.S.C. 5611 et seq.) is amended 
by adding at the end the following:
943
‘‘PART K—ACCESS TO MENTAL HEALTH AND 
SUBSTANCE ABUSE TREATMENT 
‘‘SEC. 299AA. GRANTS FOR TRAINING OF JUSTICE SYSTEM 
PERSONNEL. 
‘‘(a) IN GENERAL.—The Administrator shall make 
grants to State and local juvenile justice agencies in col-
laboration with State and local mental health agencies, for 
purposes of training the officers and employees of the 
State juvenile justice system (including employees of facili-
ties that are contracted for operation by State and local 
juvenile authorities) regarding appropriate access to men-
tal health and substance abuse treatment programs and 
services in the State for juveniles who come into contact 
with the State juvenile justice system who have mental 
health or substance abuse problems. 
‘‘(b) USE OF FUNDS.—A State or local juvenile jus-
tice agency that receives a grant under this section may 
use the grant for purposes of—
‘‘(1) providing cross-training, jointly with the 
public mental health system, for State juvenile court 
judges, public defenders, and mental health and sub-
stance abuse agency representatives with respect to 
the appropriate use of effective, community-based al-
ternatives to juvenile justice or mental health system 
institutional placements; or
944
‘‘(2) providing training for State juvenile proba-
tion officers and community mental health and sub-
stance abuse program representatives on appropriate 
linkages between probation programs and mental 
health community programs, specifically focusing on 
the identification of mental disorders and substance 
abuse addiction in juveniles on probation, effective 
treatment interventions for those disorders, and 
making appropriate contact with mental health and 
substance abuse case managers and programs in the 
community, in order to ensure that juveniles on pro-
bation receive appropriate access to mental health 
and substance abuse treatment programs and serv-
ices. 
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated from the Violent Crime 
Reduction Trust Fund, $50,000,000 for each of the fiscal 
years 2004 through 2008 to carry out this section.’’. 
SEC. 10103. BLOCK GRANT FUNDING FOR TREATMENT AND 
DIVERSION PROGRAMS. 
Part K of title II of the Juvenile Justice and Delin-
quency Prevention Act of 1974 (42 U.S.C. 5611 et seq.), 
as added by section 10102, is amended by adding at the 
end the following:
945
‘‘SEC. 299BB. GRANTS FOR STATE PARTNERSHIPS. 
‘‘(a) IN GENERAL.—The Attorney General and the 
Secretary of Health and Human Services shall make 
grants to partnerships between State and local or county 
juvenile justice agencies and State and local mental health 
authorities (or appropriate children service agencies) in 
accordance with this section. 
‘‘(b) USE OF FUNDS.—A partnership described in 
subsection (a) that receives a grant under this section 
shall use such amounts for the establishment and imple-
mentation of programs that address the service needs of 
juveniles who come into contact with the justice system 
(including facilities contracted for operation by State or 
local juvenile authorities) and who have mental health or 
substance abuse problems by requiring the following: 
‘‘(1) DIVERSION.—Appropriate diversion of 
those juveniles from incarceration— 
‘‘(A) who are at imminent risk of being 
taken into custody; 
‘‘(B) at the time they are initially taken 
into custody; 
‘‘(C) after they are charged with an of-
fense or act of juvenile delinquency; 
‘‘(D) after they are adjudicated delinquent 
but prior to case disposition; and
946
‘‘(E) after they are released from a juve-
nile facility, for the purposes of attending after-
care programs. 
‘‘(2) TREATMENT.—
‘‘(A) SCREENING AND ASSESSMENT OF JU-
VENILES.—
‘‘(i) INITIAL SCREENING.—
‘‘(I) IN GENERAL.—Initial men-
tal health screening shall be completed 
for all juveniles immediately upon en-
tering the juvenile justice system or a 
juvenile facility. 
‘‘(II) 
QUALIFIED
PROFES-
SIONALS.—Screening shall be con-
ducted by qualified health and mental 
health professionals or by staff who 
have been trained by qualified health, 
mental health, and substance abuse 
professionals. 
‘‘(III) REVIEW.—In the case of a 
screening by staff, the screening re-
sults should be reviewed by qualified 
health or mental health professionals 
not later than 24 hours after the 
screening.
947
‘‘(ii) ACUTE MENTAL ILLNESS.—
‘‘(I) 
IN
GENERAL.—Juveniles 
who suffer from acute mental dis-
orders, are suicidal, or are in need of 
detoxification shall be placed in, or 
immediately transferred to, an appro-
priate medical or mental health facil-
ity. 
‘‘(II) ADMISSION.—Juveniles de-
scribed in subclause (I) shall be ad-
mitted to a secure correctional facility 
only with written medical clearance. 
‘‘(iii) 
COMPREHENSIVE
ASSESS-
MENT.—
‘‘(I) IN
GENERAL.—Except as 
provided in subclause (II), all juve-
niles entering the juvenile justice sys-
tem shall have a comprehensive as-
sessment conducted and an individual-
ized treatment plan written and im-
plemented within 2 weeks of entering 
the system. 
‘‘(II) SECURE
FACILITY.—For 
juveniles incarcerated in secure facili-
ties, the assessment referred to in
948
subclause (I) shall be conducted not 
later than 1 week after the juvenile 
enters the juvenile justice system. 
‘‘(III) 
QUALIFIED
PROFES-
SIONAL.—Comprehensive assessments 
conducted under this clause shall be 
completed by qualified health, mental 
health, and substance abuse profes-
sionals. 
‘‘(B) TREATMENT.—
‘‘(i) IN
GENERAL.—If the need for 
treatment is indicated by the assessment of 
a juvenile, the juvenile shall be referred to 
or treated by a qualified professional. A ju-
venile who is currently receiving treatment 
for a mental or emotional disorder shall 
have treatment continued. 
‘‘(ii) PERIOD.—
‘‘(I) IN
GENERAL.—Treatment 
shall continue until an additional 
mental health assessment determines 
that the juvenile is no longer in need 
of treatment.
949
‘‘(II) 
REEVALUATION.—Treat-
ment plans shall be reevaluated at 
least every 30 days. 
‘‘(iii) DISCHARGE PLAN.—
‘‘(I) IN GENERAL.—An incarcer-
ated juvenile shall have a discharge 
plan prepared when the juvenile en-
ters the correctional facility in order 
to integrate the juvenile back into the 
family or the community. 
‘‘(II) 
UPDATING
OF
PLAN; 
AFTERCARE
SERVICES.—The 
dis-
charge plan referred to in subclause 
(I) shall be updated in consultation 
with the juvenile’s family or guardian 
before the juvenile leaves the facility 
and shall address the provision of 
aftercare services. 
‘‘(iv) MEDICATION.—
‘‘(I) IN GENERAL.—Any juvenile 
receiving 
psychotropic 
medications 
shall be under the care of a licensed 
psychiatrist. 
‘‘(II) 
MONITORING.—Psycho-
tropic medications shall be monitored
950
regularly by trained staff for their ef-
ficacy and side effects. 
‘‘(v) SPECIALIZED TREATMENT.—Spe-
cialized treatment and services shall be 
continually available to a juvenile who—
‘‘(I) has a history of mental 
health problems or treatment; 
‘‘(II) has a documented history 
of sexual abuse or offenses, as victim 
or as perpetrator; 
‘‘(III) has substance abuse prob-
lems, health problems, learning dis-
abilities, or histories of family abuse 
or violence; or 
‘‘(IV) has developmental disabil-
ities. 
‘‘(C) MEDICAL
AND
MENTAL
HEALTH 
EMERGENCIES.—
‘‘(i) WRITTEN POLICIES.—All correc-
tional facilities shall have—
‘‘(I) written policies and proce-
dures on suicide prevention; and 
‘‘(II) written arrangements with 
a hospital or other facility for pro-
951
viding emergency medical and mental 
health care. 
‘‘(ii) 
TRAINED
STAFF.—All 
staff 
working in correctional facilities shall be 
trained and certified annually in suicide 
prevention. 
‘‘(iii) SERVICE AVAILABILITY.—Phys-
ical and mental health services shall be 
available to an incarcerated juvenile 24 
hours per day, 7 days per week. 
‘‘(D) CLASSIFICATION OF JUVENILES.—
‘‘(i) IN GENERAL.—Juvenile facilities 
shall classify and house juveniles in living 
units according to a plan that includes age, 
gender, offense, special medical or mental 
health condition, size, and vulnerability to 
victimization. Younger, smaller, weaker, 
and more vulnerable juveniles shall not be 
placed in housing units with older, more 
aggressive juveniles. 
‘‘(ii) BOOT
CAMPS.—Juveniles who 
are under 13 years old or who have serious 
medical conditions or mental illness shall 
not be placed in paramilitary boot camps.
952
‘‘(E) CONFIDENTIALITY
OF
RECORDS.—
Mental health and substance abuse treatment 
records of juveniles shall be treated as confiden-
tial and shall be excluded from the records that 
States require to be routinely released to other 
correctional authorities and school officials. 
‘‘(F) MANDATORY REPORTING.—
‘‘(i) IN GENERAL.—States shall keep 
records of the incidence and types of men-
tal health and substance abuse disorders in 
their juvenile justice populations, the range 
and scope of services provided, and bar-
riers to service. 
‘‘(ii) ANNUAL
SUBMISSION.—States 
shall submit an analysis of this informa-
tion annually to the Department of Jus-
tice. 
‘‘(G) STAFF
RATIOS
FOR
CORRECTIONAL 
FACILITIES.—
‘‘(i) IN GENERAL.—Each secure cor-
rectional facility shall have a minimum 
ratio of—
‘‘(I) not fewer than 1 mental 
health counselor to every 50 juveniles;
953
‘‘(II) 1 clinical psychologist for 
every 100 juveniles; and 
‘‘(III) 1 licensed psychiatrist for 
every 100 juveniles receiving psy-
chiatric care. 
‘‘(ii) 
MENTAL
HEALTH
COUN-
SELORS.—Mental health counselors shall 
be professionally trained and certified or li-
censed. 
‘‘(H) USE OF FORCE.—
‘‘(i) WRITTEN GUIDELINES.—All juve-
nile facilities shall have a written behav-
ioral management system based on incen-
tives and rewards to reduce misconduct 
and to decrease the use of restraints and 
seclusion by staff. 
‘‘(ii) LIMITATIONS ON RESTRAINT.—
‘‘(I) IN GENERAL.—Control tech-
niques such as restraint, seclusion, 
chemical sprays, and room confine-
ment shall be used only in response to 
extreme threats to life or safety. 
‘‘(II) DOCUMENTATION.—Use of 
these techniques shall be approved by 
the facility superintendent or chief
954
medical officer and documented in the 
juvenile’s file along with the justifica-
tion for use and the failure of less re-
strictive alternatives. 
‘‘(iii) LIMITATION ON ISOLATION.—
‘‘(I) IN GENERAL.—Isolation and 
seclusion shall be used only for imme-
diate and short-term security or safety 
reasons. 
‘‘(II) APPROVAL.—No juvenile 
shall be placed in isolation without ap-
proval of the facility superintendent or 
chief medical officer or their official 
staff designee. 
‘‘(III) TIME
LIMIT.—A juvenile 
shall be in isolation only the amount 
of time necessary to achieve security 
and safety of the juvenile and staff. 
‘‘(IV) MONITORING.—Staff shall 
monitor each juvenile in isolation once 
every 15 minutes and conduct a pro-
fessional review of the need for isola-
tion at least every 4 hours. 
‘‘(V) EXAMINATION.—Any juve-
nile held in seclusion for 24 hours
955
shall be examined by a physician or li-
censed psychologist. 
‘‘(VI) 
DOCUMENTATION.—All 
cases shall be documented in the juve-
nile’s file along with the justification. 
‘‘(I) IDEA AND REHABILITATION ACT.—
All juvenile facilities shall abide by all manda-
tory requirements and time lines set forth 
under the Individuals with Disabilities Edu-
cation Act (42 U.S.C. 12101 et seq.) and sec-
tion 504 of the Rehabilitation Act of 1973 (29 
U.S.C. 794). 
‘‘(J) ADVOCACY ASSISTANCE.—
‘‘(i) IN GENERAL.—The Secretary of 
Health and Human Services shall make 
grants to the systems established under 
part C of the Developmental Disabilities 
Assistance and Bill of Rights Act (42 
U.S.C. 6041 et seq.)—
‘‘(I) to monitor the mental health 
and special education services pro-
vided by grantees to juveniles under 
subparagraphs (A), (B), (C), (H), and 
(I); and
956
‘‘(II) to advocate on behalf of ju-
veniles to assure that such services 
are properly provided. 
‘‘(ii) APPROPRIATION.—The Secretary 
of Health and Human Services will reserve 
not less than 3 percent of the funds appro-
priated under this section for the purposes 
set forth in clause (i). 
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) IN GENERAL.—There are authorized to be 
appropriated from the Violent Crime Reduction 
Trust Fund, $500,000,000 for each of the fiscal 
years 2004 through 2008 to carry out this section. 
‘‘(2) ALLOCATION.—Of amounts appropriated 
under paragraph (1)—
‘‘(A) 35 percent shall be used for diversion 
programs under subsection (b)(1); and 
‘‘(B) 65 percent shall be used for treat-
ment programs under subsection (b)(2). 
‘‘(3) INCENTIVES.—The Attorney General and 
the Secretary of Health and Human Services shall 
give preference under subsection (b)(2) to partner-
ships that integrate treatment programs to serve ju-
veniles with co-occurring mental health and sub-
stance abuse disorders.
957
‘‘(4) WAIVERS.—The Attorney General and the 
Secretary of Health and Human Services may grant 
a waiver of requirements under subsection (b)(2) for 
good cause. 
‘‘SEC. 299CC. GRANTS FOR PARTNERSHIPS. 
‘‘(a) IN GENERAL.—Any partnership desiring to re-
ceive a grant under this part shall submit an application 
at such time, in such manner, and containing such infor-
mation as the Attorney General and the Secretary of 
Health and Human Services may prescribe.
‘‘(b) CONTENTS.—In accordance with guidelines es-
tablished by the Attorney General and the Secretary of 
Health and Human Services, each application submitted 
under subsection (a) shall—
‘‘(1) set forth a program or activity for carrying 
out one or more of the purposes specified in section 
299BB(b) and specifically identify the purpose each 
such program or activity is designed to carry out; 
‘‘(2) provide that such program or activity shall 
be administered by or under the supervision of the 
applicant; 
‘‘(3) provide for the proper and efficient admin-
istration of such program or activity; 
‘‘(4) provide for regular evaluation of such pro-
gram or activity;
958
‘‘(5) provide an assurance that the proposed 
program or activity will supplement, not supplant, 
similar programs and activities already available in 
the community; and 
‘‘(6) provide for such fiscal control and fund ac-
counting procedures as may be necessary to ensure 
prudent use, proper disbursement, and accurate ac-
counting of funds receiving under this part.’’. 
SEC. 10104. INITIATIVE FOR COMPREHENSIVE, INTER-
SYSTEM PROGRAMS. 
Subpart 3 of part B of title V of the Public Health 
Service Act (42 U.S.C. 290bb–31 et seq.) is amended by 
adding at the end the following: 
‘‘SEC. 520K. INITIATIVE FOR COMPREHENSIVE, INTER-
SYSTEM PROGRAMS. 
‘‘(a) IN GENERAL.—The Secretary and the Attorney 
General, acting through the Director of the Center for 
Mental Health Services, shall award competitive grants to 
eligible entities for programs that address the service 
needs of juveniles and juveniles with serious mental ill-
nesses by requiring the State or local juvenile justice sys-
tem, the mental health system, and the substance abuse 
treatment system to work collaboratively to ensure—
‘‘(1) the appropriate diversion of such juveniles 
and juveniles from incarceration;
959
‘‘(2) the provision of appropriate mental health 
and substance abuse services as an alternative to in-
carceration and for those juveniles on probation or 
parole; and 
‘‘(3) the provision of followup services for juve-
niles who are discharged from the juvenile justice 
system. 
‘‘(b) ELIGIBILITY.—To be eligible to receive a grant 
under this section an entity shall—
‘‘(1) be a State or local juvenile justice agency, 
mental health agency, or substance abuse agency 
(including community diversion programs); 
‘‘(2) prepare and submit to the Secretary an 
application at such time, in such manner, and con-
taining such information as the Secretary may re-
quire, including—
‘‘(A) an assurance that the applicant has 
the consent of all entities described in para-
graph (1) in carrying out and coordinating ac-
tivities under the grant; and 
‘‘(B) with respect to services for juveniles, 
an assurance that the applicant has collabo-
rated with the State or local educational agency 
and the State or local welfare agency in car-
960
rying out and coordinating activities under the 
grant; 
‘‘(3) be given priority if it is a joint application 
between juvenile justice and substance abuse or 
mental health agencies; and 
‘‘(4) ensure that funds from non-Federal 
sources are available to match amounts provided 
under the grant in an amount that is not less 
than—
‘‘(A) with respect to the first 3 years 
under the grant, 25 percent of the amount pro-
vided under the grant; and 
‘‘(B) with respect to the fourth and fifth 
years under the grant, 50 percent of the 
amount provided under the grant. 
‘‘(c) USE OF FUNDS.—
‘‘(1) INITIAL YEAR.—An entity that receives a 
grant under this section shall, in the first fiscal year 
in which amounts are provided under the grant, use 
such amounts to develop a collaborative plan—
‘‘(A) for how the guarantee will institute a 
system to provide intensive community serv-
ices—
961
‘‘(i) to prevent high-risk juveniles 
from coming in contact with the justice 
system; and 
‘‘(ii) to meet the mental health and 
substance abuse treatment needs of juve-
niles on probation or recently discharged 
from the justice system; and 
‘‘(B) providing for the exchange by agen-
cies of information to enhance the provision of 
mental health or substance abuse services to ju-
veniles.
‘‘(2) 2–5TH YEARS.—With respect to the sec-
ond through fifth fiscal years in which amounts are 
provided under the grant, the grantee shall use 
amounts provided under the grant—
‘‘(A) to furnish services, such as assertive 
community treatment, wrap-around services for 
juveniles, multisystemic therapy, outreach, inte-
grated mental health and substance abuse 
treatment, case management, health care, edu-
cation and job training, assistance in securing 
stable housing, finding a job or obtaining in-
come support, other benefits, access to appro-
priate school-based services, transitional and 
independent living services, mentoring pro-
962
grams, home-based services, and provision of 
appropriate after school and summer pro-
graming; 
‘‘(B) to establish a network of boundary 
spanners to conduct regular meetings with 
judges, provide liaison with mental health and 
substance abuse workers, share and distribute 
information, and coordinate with mental health 
and substance abuse treatment providers, and 
probation or parole officers concerning provision 
of appropriate mental health and drug and alco-
hol addiction services for individuals on proba-
tion or parole; 
‘‘(C) to provide cross-system training 
among police, corrections, and mental health 
and substance abuse providers with the purpose 
of enhancing collaboration and the effectiveness 
of all systems; 
‘‘(D) to provide coordinated and effective 
aftercare programs for juveniles with emotional 
or mental disorders who are discharged from 
jail, prison, or juvenile facilities; 
‘‘(E) to purchase technical assistance to 
achieve the grant project’s goals; and
963
‘‘(F) to furnish services, to train personnel 
in collaborative approaches, and to enhance 
intersystem collaboration. 
‘‘(3) DEFINITION.—In paragraph (2)(B), the 
term ‘boundary spanners’ means professionals who 
act as case managers for juveniles with mental dis-
orders and substance abuse addictions, within both 
justice agency facilities and community mental 
health programs and who have full authority from 
both systems to act as problem-solvers and advocates 
on behalf of individuals targeted for service under 
this program. 
‘‘(d) AREA SERVED BY THE PROJECT.—An entity re-
ceiving a grant under this section shall conduct activities 
under the grant to serve at least a single political jurisdic-
tion. 
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 
shall be made available to carry out the section, not less 
than 10 percent of the amount appropriated under section 
1935(a) for each of the fiscal years 2004 through 2008.’’. 
SEC. 10105. FEDERAL COORDINATING COUNCIL ON THE 
CRIMINALIZATION OF JUVENILES WITH MEN-
TAL DISORDERS. 
(a) ESTABLISHMENT.—There is established a Fed-
eral Coordinating Council on Criminalization of Juveniles
964
with Mental Disorders (referred to in this section as the 
‘‘Council’’) as an interdepartmental council to—
(1) study and coordinate the criminal and juve-
nile justice and mental health and substance abuse 
activities of the Federal Government; and 
(2) report to Congress on proposed legislation 
to improve the treatment of mentally ill juveniles 
who come in contact with the juvenile justice system. 
(b) MEMBERSHIP.—The Council shall include rep-
resentatives from—
(1) the appropriate Federal agencies, as deter-
mined by the President, including, at a minimum—
(A) the Office of the Secretary of Health 
and Human Services; 
(B) the Office for Juvenile Justice and De-
linquency Prevention; 
(C) the National Institute of Mental 
Health; 
(D) the Social Security Administration; 
(E) the Department of Education; and 
(F) the Substance Abuse and Mental 
Health Services Administration; and 
(2) children’s mental health advocacy groups. 
(c) DUTIES.—The Council shall—
965
(1) review Federal policies that hinder or facili-
tate coordination at the State and local level between 
the mental health and substance abuse systems on 
the one hand and the juvenile justice and corrections 
system on the other; 
(2) study the possibilities for improving collabo-
ration at the Federal, State, and local level among 
these systems; and 
(3) recommend to Congress any appropriate 
new initiatives which require legislative action. 
(d) FINAL REPORT.—The Council shall submit—
(1) 18 months after the Council is established, 
an interim report on current coordination and col-
laboration, or lack thereof; and 
(2) 2 years after the Council is established, a 
final report to Congress that includes recommenda-
tions for new initiatives in improving coordination 
and collaboration. 
(e) EXPIRATION.—The Council shall expire 2 years 
after the Council is established.
SEC. 10106. MENTAL HEALTH SCREENING AND TREATMENT 
FOR PRISONERS. 
(a) ADDITIONAL REQUIREMENTS FOR THE USE OF 
FUNDS UNDER
THE VIOLENT OFFENDER INCARCER-
ATION AND TRUTH-IN-SENTENCING GRANTS PROGRAM.—