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(2) by striking ‘‘and’’ at the end of subpara-
graph (C) and inserting ‘‘or’’; and
(3) by adding at the end the following:
‘‘(D) an offense that is a violation of sec-
tion 842(i) or 922(g) (relating to possession of
explosives or firearms by convicted felons);
and’’.
(b) FIREARMS POSSESSION BY VIOLENT FELONS
AND SERIOUS DRUG OFFENDERS.—Section 924(a)(2) of
title 18, United States Code, is amended—
(1) by striking ‘‘Whoever’’ and inserting ‘‘(A)
Except as provided in subparagraph (B), any person
who’’; and
(2) by adding at the end the following:
‘‘(B) Notwithstanding any other provision of law, the
court shall not grant a probationary sentence for such a
violation to a person who has more than one previous con-
viction for a violent felony (as defined in subsection
(e)(2)(B)) or a serious drug offense (as defined in sub-
section (e)(2)(A)), committed under different cir-
cumstances.’’.
SEC. 603. INCREASED PENALTIES FOR POSSESSING OR
TRANSFERRING STOLEN FIREARMS.
(a) IN GENERAL.—Section 924 of title 18, United
States Code, is amended—
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(1) in subsection (a)—
(A) in paragraph (2), by striking ‘‘(i),
(j),’’; and
(B) by adding at the end the following:
‘‘(8) Whoever knowingly violates subsection (i) or (j)
of section 922 shall be fined under this title, imprisoned
not more than 15 years, or both.’’;
(2) in subsection (i)(1), by striking ‘‘10’’ and
inserting ‘‘15’’; and
(3) in subsection (l), by striking ‘‘10’’ and in-
serting ‘‘15’’.
(b) SENTENCING COMMISSION.—The United States
Sentencing Commission shall amend the Federal sen-
tencing guidelines to reflect the amendments made by sub-
section (a).
SEC. 604. INCREASED MANDATORY MINIMUM PENALTIES
FOR USING A FIREARM TO COMMIT A CRIME
OF VIOLENCE OR DRUG TRAFFICKING CRIME.
Section 924 of title 18, United States Code, is
amended—
(1) in subsection (c)(1)(A)—
(A) in clause (ii), by striking ‘‘and’’ at the
end;
(B) in clause (iii), by striking ‘‘10 years.’’
and inserting ‘‘12 years; and’’; and
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(C) by adding at the end the following:
‘‘(iv) if the firearm is used to injure
another person, be sentenced to a term of
imprisonment of not less than 15 years.’’;
and
(2) in subsection (h), by striking ‘‘imprisoned
not more than 10 years’’ and inserting ‘‘imprisoned
not less than 5 years and not more than 10 years’’.
SEC. 605. INCREASED PENALTIES FOR MISREPRESENTED
FIREARMS PURCHASE IN AID OF A SERIOUS
VIOLENT FELONY.
(a) IN GENERAL.—Section 924(a) of title 18, United
States Code, is amended by adding at the end the fol-
lowing:
‘‘(7)(A) Notwithstanding paragraph (2), whoever
knowingly violates section 922(a)(6) for the purpose of
selling, delivering, or otherwise transferring a firearm,
knowing or having reasonable cause to know that another
person will carry or otherwise possess or discharge or oth-
erwise use the firearm in the commission of a serious vio-
lent felony, shall be—
‘‘(i) fined under this title, imprisoned not more
than 15 years, or both; or
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‘‘(ii) imprisoned not less than 10 and not more
than 20 years and fined under this title, if the pro-
curement is for a juvenile.
‘‘(B) For purposes of this paragraph—
‘‘(i) the term ‘juvenile’ has the meaning given
the term in section 922(x); and
‘‘(ii) the term ‘serious violent felony’ has the
meaning given the term in section 3559(c)(2)(F).’’.
(b) EFFECTIVE DATE.—The amendment made by
this section shall take effect 180 days after the date of
the enactment of this Act.
SEC. 606. INCREASING PENALTIES ON GUN KINGPINS.
(a) INCREASING THE PENALTY FOR ENGAGING IN AN
ILLEGAL FIREARMS BUSINESS.—Section 924(a)(2) of
title 18, United States Code, is amended by inserting ‘‘,
or willfully violates section 922(a)(1),’’ after ‘‘section
922’’.
(b) SENTENCING GUIDELINES INCREASE FOR CER-
TAIN VIOLATIONS AND OFFENSES.—Pursuant to its au-
thority under section 994(p) of title 28, United States
Code, the United States Sentencing Commission shall—
(1) review and amend the Federal sentencing
guidelines to provide an appropriate enhancement
for a violation of section 922(a)(1) of title 18,
United States Code; and
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(2) review and amend the Federal sentencing
guidelines to provide additional sentencing increases,
as appropriate, for offenses involving more than 50
firearms.
The Commission shall promulgate the amendments pro-
vided for under this subsection as soon as is practicable
in accordance with the procedure set forth in section 21(a)
of the Sentencing Act of 1987, as though the authority
under that Act had not expired.
SEC. 607. SERIOUS RECORDKEEPING OFFENSES THAT AID
GUN TRAFFICKING.
Section 924(a)(3) of title 18, United States Code, is
amended by striking the period and inserting ‘‘; but if the
violation is in relation to an offense under subsection
(a)(6) or (d) of section 922, shall be fined under this title,
imprisoned not more than 10 years, or both.’’.
SEC. 608. TERMINATION OF FIREARMS DEALER’S LICENSE
UPON FELONY CONVICTION.
Section 925(b) of title 18, United States Code, is
amended by striking ‘‘until any conviction pursuant to the
indictment becomes final’’ and inserting ‘‘until the date
of any conviction pursuant to the indictment’’.
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SEC. 609. INCREASED PENALTY FOR TRANSACTIONS IN-
VOLVING FIREARMS WITH OBLITERATED SE-
RIAL NUMBERS.
Section 924(a) of title 18, United States Code, is
amended—
(1) in paragraph (1)(B), by striking ‘‘(k),’’; and
(2) in paragraph (2), by inserting ‘‘(k),’’ after
‘‘(j),’’.
SEC. 610. FORFEITURE FOR GUN TRAFFICKING.
Section 982(a) of title 18, United States Code, is
amended by adding at the end the following:
‘‘(9) The court, in imposing a sentence on a person
convicted of a gun trafficking offense, as defined in section
981(a)(1)(G), or a conspiracy to commit such offense,
shall order the person to forfeit to the United States any
conveyance used or intended to be used to commit such
offense, and any property traceable to such conveyance.’’.
SEC. 611. INCREASED PENALTY FOR FIREARMS CON-
SPIRACY.
Section 924 of title 18, United States Code, is further
amended by adding at the end the following:
‘‘(q) Except as otherwise provided in this section, a
person who conspires to commit an offense defined in this
chapter shall be subject to the same penalties (other than
the penalty of death) as those prescribed for the offense
the commission of which is the object of the conspiracy.’’.
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16 of this title) or any felony under Federal law, shall
order that the person forfeit to the United States any fire-
arm (as defined in section 921(a)(3) of this title) used
or intended to be used to commit or to facilitate the com-
mission of the offense.’’.
(b) DISPOSAL OF PROPERTY.—Section 981(c) of title
18, United States Code, is amended by adding at the end
the following flush sentence:
‘‘Any firearm forfeited pursuant to subsection (a)(1)(H)
of this section or section 982(a)(10) of this title shall be
disposed of by the seizing agency in accordance with law.’’.
(c) AUTHORITY TO FORFEIT PROPERTY UNDER
SECTION 924(d).—Section 924(d) of title 18, United
States Code, is amended by adding at the end the fol-
lowing:
‘‘(4) Whenever any firearm is subject to forfeiture
under this section, the Secretary of the Treasury shall
have the authority to seize and forfeit, in accordance with
the procedures of the applicable forfeiture statute, any
property otherwise forfeitable under the laws of the United
States that was involved in or derived from the crime of
violence or drug trafficking crime described in subsection
(c) in which the forfeited firearm was used or carried.’’.
(d) 120-DAY RULE
FOR ADMINISTRATIVE FOR-
FEITURE.—Section 924(d)(1) of title 18, United States
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Code, is amended by adding ‘‘administrative’’ after ‘‘Any’’
in the last sentence.
(e) SECTION 3665.—Section 3665 of title 18, United
States Code, is amended—
(1) by redesignating the first undesignated
paragraph as subsection (a)(1) and the second un-
designated paragraph as subsection (a)(2); and
(2) by adding at the end the following:
‘‘(b) The forfeiture of property under this section, in-
cluding any seizure and disposition of the property and
any related administrative or judicial proceeding, shall be
governed by the provisions of section 413 of the Com-
prehensive Drug Abuse Prevention and Control Act of
1970 (21 U.S.C. 853), except for subsection 413(d) which
shall not apply to forfeitures under this section.’’.
SEC. 615. SEPARATE LICENSES FOR GUNSMITHS.
(a) Section 921(a)(11) of title 18, United States
Code, is amended to read as follows:
‘‘(11) The term ‘dealer’ means (A) any person en-
gaged in the business as a firearms dealer, (B) any person
engaged in the business as a gunsmith, or (C) any person
who is a pawnbroker. The term ‘licensed dealer’ means
any dealer who is licensed under the provisions of this
chapter.’’.
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(b) Section 921(a) of title 18, United States Code,
is amended by redesignating paragraphs (12) through
(33) as paragraphs (14) through (35), and by inserting
after paragraph (11) the following:
‘‘(12) The term ‘firearms dealer’ means any
person who is engaged in the business of selling fire-
arms at wholesale or retail.
‘‘(13) The term ‘gunsmith’ means any person,
other than a licensed manufacturer, licensed im-
porter, or licensed dealer, who is engaged in the
business of repairing firearms or of making or fit-
ting special barrels, stocks or trigger mechanisms to
firearms.’’.
(c) Section 923(a)(3) of title 18, United States Code
is amended to read as follows:
‘‘(3) If the applicant is a dealer who is—
‘‘(A) a dealer in destructive devices or am-
munition for destructive devices, a fee of $1,000
per year;
‘‘(B) a dealer in firearms who is not a
dealer in destructive devices, a fee of $200 for
3 years, except that the fee for renewal of a
valid license shall be $90 for 3 years; or
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‘‘(C) a gunsmith, a fee of $100 for 3
years, except that the fee for renewal of a valid
license shall be $50 for 3 years.’’.
SEC. 616. PERMITS AND BACKGROUND CHECKS FOR PUR-
CHASES OF EXPLOSIVES.
(a) PERMITS
FOR PURCHASE
OF EXPLOSIVES
IN
GENERAL.—Section 842 of title 18, United States Code,
is amended—
(1) by amending subparagraphs (A) and (B) of
subsection (a)(3) to read as follows:
‘‘(A) to transport, ship, cause to be trans-
ported, or receive any explosive materials; or
‘‘(B) to distribute explosive materials to
any person other than a licensee or permittee.’’;
and
(2) in subsection (b)—
(A) by adding ‘‘or’’ at the end of para-
graph (1);
(B) by striking ‘‘; or’’ at the end of para-
graph (2) and inserting a period; and
(C) by striking paragraph (3).
(b) BACKGROUND CHECKS.—Section 842 of title 18,
United States Code, is further amended by adding at the
end the following:
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‘‘(q)(1) A licensed importer, licensed manufacturer,
or licensed dealer shall not transfer explosive materials to
any other person who is not a licensee under section 843
of this title unless—
‘‘(A) before the completion of the transfer, the
licensee contacts the national instant criminal back-
ground check system established under section
103(d) of the Brady Handgun Violence Prevention
Act;
‘‘(B)(i) the system provides the licensee with a
unique identification number; or
‘‘(ii) 5 business days (meaning a day on which
State offices are open) have elapsed since the li-
censee contacted the system, and the system has not
notified the licensee that the receipt of explosive ma-
terials by such other person would violate subsection
(i) of this section;
‘‘(C) the transferor has verified the identity of
the transferee by examining a valid identification
document (as defined in section 1038(d)(1) of this
title) of the transferee containing a photograph of
the transferee; and
‘‘(D) the transferor has examined the permit
issued to the transferee pursuant to section 843 of
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this title and recorded the permit number on the
record of the transfer.
‘‘(2) If receipt of explosive materials would not violate
section 842(i) of this title or State law, the system shall—
‘‘(A) assign a unique identification number to
the transfer; and
‘‘(B) provide the licensee with the number.
‘‘(3) Paragraph (1) shall not apply to the transfer
of explosive materials between a licensee and another per-
son if on application of the transferor, the Secretary has
certified that compliance with paragraph (1)(A) is imprac-
ticable because—
‘‘(A) the ratio of the number of law enforce-
ment officers of the State in which the transfer is
to occur to the number of square miles of land area
of the State does not exceed 0.0025;
‘‘(B) the business premises of the licensee at
which the transfer is to occur are extremely remote
in relation to the chief law enforcement officer (as
defined in section 922(s)(8)); and
‘‘(C) there is an absence of telecommunications
facilities in the geographical area in which the busi-
ness premises are located.
‘‘(4) If the national instant criminal background
check system notifies the licensee that the information
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available to the system does not demonstrate that the re-
ceipt of explosive materials by such other person would
violate subsection (i) or State law, and the licensee trans-
fers explosive materials to such other person, the licensee
shall include in the record of the transfer the unique iden-
tification number provided by the system with respect to
the transfer.
‘‘(5) If the licensee knowingly transfers explosive ma-
terials to such other person and knowingly fails to comply
with paragraph (1) of this subsection with respect to the
transfer, the Secretary may, after notice and opportunity
for a hearing, suspend for not more than 6 months or re-
voke any license issued to the licensee under section 843
and may impose on the licensee a civil fine of not more
than $5,000.
‘‘(6) Neither a local government nor an employee of
the Federal Government or of any State or local govern-
ment, responsible for providing information to the national
instant criminal background check system shall be liable
in an action at law for damages—
‘‘(A) for failure to prevent the sale or transfer
of explosive materials to a person whose receipt or
possession of the explosive materials is unlawful
under this section; or
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‘‘(B) for preventing such a sale or transfer to
a person who may lawfully receive or possess explo-
sive materials.’’.
(c) ADMINISTRATIVE PROVISIONS.—Section 103 of
the Brady Handgun Violence Prevention Act (18 U.S.C.
922 note) is amended—
(1) in subsection (f), by inserting ‘‘or explosive
materials’’ after ‘‘firearm’’; and
(2) in subsection (g), by inserting ‘‘or that re-
ceipt of explosive materials by a prospective trans-
feree would violate section 842(i) of such title, or
State law,’’ after ‘‘State law,’’.
(d) REMEDY FOR ERRONEOUS DENIAL OF EXPLO-
SIVE MATERIALS.—
(1) IN
GENERAL.—Chapter 40 of title 18,
United States Code, is amended by inserting after
section 843 the following:
‘‘§ 843A. Remedy for erroneous denial of explosive
materials
‘‘Any person denied explosive materials pursuant to
section 842(q)—
‘‘(1) due to the provision of erroneous informa-
tion relating to the person by any State or political
subdivision thereof, or by the national instant crimi-
nal background check system established under sec-
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tion 103 of the Brady Handgun Violence Prevention
Act; or
‘‘(2) who was not prohibited from receipt of ex-
plosive materials pursuant to section 842(i),
may bring an action against the State or political subdivi-
sion responsible for providing the erroneous information,
or responsible for denying the transfer, or against the
United States, as the case may be, for an order directing
that the erroneous information be corrected or that the
transfer be approved, as the case may be. In any action
under this section, the court, in its discretion, may allow
the prevailing party a reasonable attorney’s fee as part
of the costs.’’.
(2) TECHNICAL
AMENDMENT.—The section
analysis for chapter 40 of title 18, United States
Code, is amended by inserting after the item relating
to section 843 the following:
‘‘843A. Remedy for erroneous denial of explosive materials.’’.
(e) REGULATIONS.—
(1) IN
GENERAL.—Not later than 6 months
after the date of the enactment of this Act, the Sec-
retary of the Treasury shall issue final regulations
with respect to the amendments made by subsection
(a).
(2) NOTICE TO STATES.—On the issuance of
regulations pursuant to paragraph (1), the Secretary
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of the Treasury shall notify the States of the regula-
tions so that the States may consider revising their
explosives laws.
(f) LICENSES AND USER PERMITS.—Section 843(a)
of title 18, United States Code, is amended—
(1) by inserting ‘‘, including fingerprints and a
photograph of the applicant’’ before the period at
the end of the first sentence; and
(2) by striking the second sentence and insert-
ing, ‘‘Each applicant for a license shall pay for each
license a fee established by the Secretary that shall
not exceed $300. Each applicant for a permit shall
pay for each permit a fee established by the Sec-
retary that shall not exceed $100.’’.
(g) PENALTIES.—Section 844 of title 18, United
States Code, is amended—
(1) by redesignating subsection (a) as sub-
section (a)(1); and
(2) by inserting after subsection (a)(1) the fol-
lowing new paragraph:
‘‘(2) Any person who violates section 842(q) shall be
fined under this title, imprisoned for not more than 5
years, or both.’’.
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(h) EFFECTIVE DATE.—The amendments made by
subsections (a), (b), (c), (d), and (g) shall take effect 18
months after the date of the enactment of the Act.
SEC. 617. PERSONS PROHIBITED FROM RECEIVING OR POS-
SESSING EXPLOSIVES.
(a) DISTRIBUTION OF EXPLOSIVES.—Section 842(d)
of title 18, United States Code, is amended—
(1) in paragraph (5), by striking ‘‘or’’ at the
end;
(2) in paragraph (6), by striking the period and
inserting ‘‘or who has been committed to a mental
institution;’’; and
(3) by adding at the end the following:
‘‘(7) being an alien—
‘‘(A) is illegally or unlawfully in the United
States; or
‘‘(B) except as provided in subsection
(q)(2), has been admitted to the United States
under a nonimmigrant visa (as that term is de-
fined in section 101(a)(26) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(26)));
‘‘(8) has been discharged from the Armed
Forces under dishonorable conditions;
‘‘(9) having been a citizen of the United States,
has renounced his citizenship;
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‘‘(10) is subject to a court order that—
‘‘(A) was issued after a hearing of which
such person received actual notice, and at which
such person had an opportunity to participate;
‘‘(B) restrains such person from harassing,
stalking, or threatening an intimate partner of
such person or child of such intimate partner or
person, or engaging in other conduct that would
place an intimate partner in reasonable fear of
bodily injury to the partner or child; and
‘‘(C)(i) includes a finding that such person
represents a credible threat to the physical safe-
ty of such intimate partner or child; or
‘‘(ii) by its terms explicitly prohibits the
use, attempted use, or threatened use of phys-
ical force against such intimate partner or child
that would reasonably be expected to cause bod-
ily injury;
‘‘(11) has been convicted in any court of a mis-
demeanor crime of domestic violence; or
‘‘(12) has been adjudicated delinquent.’’.
(b) POSSESSION OF EXPLOSIVES.—Section 842(i) of
title 18, United States Code, is amended—
(1) in paragraph (3), by striking ‘‘or’’ at the
end; and
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(2) by adding at the end the following:
‘‘(5) who, being an alien—
‘‘(A) is illegally or unlawfully in the United
States; or
‘‘(B) except as provided in subsection
(q)(2), has been admitted to the United States
under a non-immigrant visa (as that term is de-
fined in section 101(a)(26) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(26)));
‘‘(6) who has been discharged from the Armed
Forces under dishonorable conditions;
‘‘(7) who, having been a citizen of the United
States, has renounced his citizenship;
‘‘(8) who is subject to a court order that—
‘‘(A) was issued after a hearing of which
such person received actual notice, and at which
such person had an opportunity to participate;
‘‘(B) restrains such person from harassing,
stalking, or threatening an intimate partner of
such person or child of such intimate partner or
person, or engaging in other conduct that would
place an intimate partner in reasonable fear of
bodily injury to the partner or child; and
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‘‘(C)(i) includes a finding that such person
represents a credible threat to the physical safe-
ty of such intimate partner or child; or
‘‘(ii) by its terms explicitly prohibits the
use, attempted use, or threatened use of phys-
ical force against such intimate partner or child
that would reasonably be expected to cause bod-
ily injury;
‘‘(9) who has been convicted in any court of a
misdemeanor crime of domestic violence; or
‘‘(10) who has been adjudicated delinquent.’’.
(c) DEFINITION.—Section 841 of title 18, United
States Code, is amended by adding at the end the fol-
lowing:
‘‘(r)(1) Except as provided in paragraph (2), ‘mis-
demeanor crime of domestic violence’ means an offense
that—
‘‘(A) is a misdemeanor under Federal or State
law; and
‘‘(B) has, as an element, the use or attempted
use of physical force, or the threatened use of a
deadly weapon, committed by a current or former
spouse, parent, or guardian of the victim, by a per-
son with whom the victim shares a child in common,
by a person who is cohabiting with or has cohabited
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with the victim as a spouse, parent, or guardian, or
by a person similarly situated to a spouse, parent,
or guardian of the victim.
‘‘(2)(A) A person shall not be considered to have been
convicted of such an offense for purposes of this chapter,
unless—
‘‘(i) the person was represented by counsel in
the case, or knowingly and intelligently waived the
right to counsel in the case; and
‘‘(ii) in the case of a prosecution for an offense
described in this paragraph for which a person was
entitled to a jury trial in the jurisdiction in which
the case was tried—
‘‘(I) the case was tried by a jury; or
‘‘(II) the person knowingly and intel-
ligently waived the right to have the case tried
by jury, by guilty plea or otherwise.
‘‘(B) A person shall not be considered to have been
convicted of such an offense for purposes of this chapter
if the conviction has been expunged or set aside, or is an
offense for which the person has been pardoned or has
had civil rights restored (if the law of the applicable juris-
diction provides for the loss of civil rights under such an
offense) unless the pardon, expungement, or restoration
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of civil rights expressly provides that the person may not
ship, transport, possess, or receive firearms.
‘‘(s) ‘Adjudicated delinquent’ means an adjudication
of delinquency based upon a finding of the commission of
an act by a person prior to his or her eighteenth birthday
that, if committed by an adult, would be a serious drug
offense or violent felony (as defined in section 3559(c)(2)
of this title), on or after the date of the enactment of this
paragraph.’’.
(d) ALIENS
ADMITTED
UNDER
NONIMMIGRANT
VISAS.—Section 842 is amended by adding at the end the
following:
‘‘(r)(1) For purposes of this subsection—
‘‘(A) the term ‘alien’ has the same meaning as
in section 101(a)(3) of the Immigration and Nation-
ality Act (8 U.S.C. 1101(a)(3)); and
‘‘(B) the term ‘nonimmigrant visa’ has the
same meaning as in section 101(a)(26) of the Immi-
gration and Nationality Act (8 U.S.C. 1101(a)(26)).
‘‘(2) Sections (d)(7)(B) and (i)(5)(B) do not apply
to any alien who has been lawfully admitted to the United
States under a nonimmigrant visa, if that alien is a for-
eign law enforcement officer of a friendly foreign govern-
ment entering the United States on official law enforce-
ment business.
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‘‘(3)(A) Any individual who has been admitted to the
United States under a nonimmigrant visa may receive a
waiver from the requirements of subsection (i)(5)(B), if—
‘‘(i) the individual submits to the Attorney Gen-
eral a petition that meets the requirements of sub-
paragraph (C); and
‘‘(ii) the Attorney General approves the peti-
tion.
‘‘(B) Each petition under subparagraph (B) shall—
‘‘(i) demonstrate that the petitioner has resided
in the United States for a continuous period of not
less than 180 days before the date on which the pe-
tition is submitted under this paragraph; and
‘‘(ii) include a written statement from the em-
bassy or consulate of the petitioner, authorizing the
petitioner to acquire explosives and certifying that
the alien would not, absent the application of sub-
section (i)(5)(B), otherwise be prohibited from such
an acquisition under subsection (i).
‘‘(C) The Attorney General shall approve a petition
submitted in accordance with this paragraph, if the Attor-
ney General determines that waiving the requirements of
subsection (i)(5)(B) with respect to the petitioner—
‘‘(i) would be in the interests of justice; and
‘‘(ii) would not jeopardize the public safety.’’.
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(e) CONFORMING AMENDMENT.—Section 845 of title
18, United States Code, is amended by adding at the end
the following:
‘‘(d) Notwithstanding any other provision of this sec-
tion, no person convicted of a misdemeanor crime of do-
mestic violence may ship or transport any explosive mate-
rials in interstate or foreign commerce or to receive or pos-
sess any explosive materials which have been shipped or
transported in interstate or foreign commerce.’’.
TITLE VII—PUNISHING GANG VI-
OLENCE 
AND 
DRUG 
TRAF-
FICKING TO MINORS
SEC. 701. INCREASED MANDATORY MINIMUM 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
(2) in subsection (c), by striking ‘‘one year’’
and inserting ‘‘5 years’’.
SEC. 702. INCREASED MANDATORY MINIMUM PENALTIES
FOR DISTRIBUTING DRUGS TO MINORS.
Section 418 of the Controlled Substances Act (21
U.S.C. 859) is amended—
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(1) in subsection (a), by striking ‘‘one year’’
and inserting ‘‘3 years’’; and
(2) in subsection (b), by striking ‘‘one year’’
and inserting ‘‘5 years’’.
SEC. 703. INCREASED MANDATORY MINIMUM PENALTIES
FOR DRUG TRAFFICKING IN OR NEAR A
SCHOOL OR OTHER PROTECTED LOCATION.
Section 419 of the Controlled Substances Act (21
U.S.C. 860) is amended—
(1) in subsection (a), by striking ‘‘one year’’
and inserting ‘‘3 years’’; and
(2) in subsection (b), by striking ‘‘three years’’
each place that term appears and inserting ‘‘5
years’’.
SEC. 704. CRIMINAL STREET GANGS.
(a) IN GENERAL.—Section 521 of title 18, United
States Code, is amended—
(1) in subsection (a), in the second undesig-
nated paragraph—
(A) by striking ‘‘5’’ and inserting ‘‘3’’;
(B) by inserting ‘‘, whether formal or in-
formal’’ after ‘‘or more persons’’; and
(C) in subparagraph (A), by inserting ‘‘or
activities’’ after ‘‘purposes’’;
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(2) in subsection (b), by inserting after ‘‘10
years’’ the following: ‘‘and such person shall be sub-
ject to the forfeiture prescribed in section 412 of the
Controlled 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 pe-
riod at the end and inserting a semicolon; and
(C) by adding at the end the following:
‘‘(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
gambling), or chapter 73 (relating to obstruction of
justice);
‘‘(5) that is a violation of section 1956 (relating
to money laundering), to the extent that the viola-
tion of such section is related to a Federal or State
offense involving a controlled substance (as that
term is defined in section 102 of the Controlled Sub-
stances Act (21 U.S.C. 802)); or
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‘‘(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.—
Section 3663(c)(4) of title 18, United States Code, is
amended by striking ‘‘chapter 46’’ and inserting ‘‘section
521, chapter 46,’’.
SEC. 705. 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.
(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
described in section 521(c) of title 18, United States
Code, if the offense was both committed in connec-
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tion with, or in furtherance of, the activities of a
criminal street gang and the defendant was a mem-
ber of the criminal street gang at the time of the of-
fense.
(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
person 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 Sen-
tencing Guidelines.
SEC. 706. 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 fol-
lows:
‘‘§ 1952. Interstate and foreign travel or transpor-
tation in aid of racketeering enterprises
‘‘(a) PROHIBITED CONDUCT AND PENALTIES.—
‘‘(1) IN GENERAL.—Whoever—
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‘‘(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, es-
tablish, carry on, or facilitate the pro-
motion, 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, at-
tempts to perform, or conspires to perform an
act described in clause (i) or (ii) of subpara-
graph (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 com-
mit any crime of violence to further any unlaw-
ful 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
‘controlled 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’ means 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 ‘unlaw-
ful activity’ means—
‘‘(A) any business enterprise involving
gambling, 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,
assault resulting in bodily injury, shooting at an
occupied dwelling or motor vehicle, or retalia-
tion against or intimidation of witnesses, vic-
tims, jurors, or informants, in violation of the
laws of the State in which the offense is com-
mitted or of the United States; or
‘‘(C) 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, United
States Code.’’.
(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 chapter 2 of the Federal Sentencing Guide-
lines to provide an appropriate increase in the of-
fense levels for traveling in interstate or foreign
commerce in aid of unlawful activity.
(2) UNLAWFUL
ACTIVITY
DEFINED.—In this
subsection, 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.
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(3) SENTENCING ENHANCEMENT FOR RECRUIT-
MENT ACROSS STATE LINES.—Pursuant to its au-
thority under section 994(p) of title 28, United
States Code, the United States Sentencing Commis-
sion shall amend the Federal Sentencing Guidelines
to provide an appropriate enhancement for a person
who, in violating section 522 of title 18, United
States Code, recruits, solicits, induces, 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, so-
licit, induce, command, or cause another person to
be or to remain a member of a criminal street gang.
SEC. 707. GANG-RELATED WITNESS INTIMIDATION AND RE-
TALIATION.
(a) INTERSTATE TRAVEL TO ENGAGE IN WITNESS
INTIMIDATION OR OBSTRUCTION OF JUSTICE.—Section
1952 of title 18, United States Code, is amended—
(1) by redesignating subsections (b) and (c) as
subsections (c) and (d), respectively; and
(2) by inserting after subsection (a) the fol-
lowing:
‘‘(b) Whoever travels in interstate or foreign com-
merce with intent by bribery, force, intimidation, or
threat, directed against any person, to delay or influence
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the testimony of or prevent from testifying a witness in
a State criminal proceeding or by any such means to cause
any person to destroy, alter, or conceal a record, docu-
ment, or other object, with intent to impair the object’s
integrity or availability for use in such a proceeding, and
thereafter engages or endeavors to engage in such con-
duct, shall be fined under this title or imprisoned not more
than 10 years, or both; and if serious bodily injury (as
defined in section 1365 of this title) results, shall be so
fined or imprisoned for not more than 20 years, or both;
and if death results, shall be so fined and imprisoned for
any term of years or for life, or both, and may be sen-
tenced to death.’’.
(b) CONSPIRACY PENALTY FOR OBSTRUCTION OF
JUSTICE OFFENSES INVOLVING VICTIMS, WITNESSES,
AND INFORMANTS.—Section 1512 of title 18, United
States Code, is amended by adding at the end the fol-
lowing:
‘‘(j) Whoever conspires to commit any offense defined
in this section or section 1513 of this title shall be subject
to the same penalties as those prescribed for the offense
the commission of which was the object of the con-
spiracy.’’.
(c) WITNESS RELOCATION SURVEY AND TRAINING
PROGRAM.—
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(1) SURVEY.—The Attorney General shall sur-
vey all State and selected local witness protection
and relocation programs to determine the extent and
nature of such programs and the training needs of
those programs. Not later than 270 days after the
date of the enactment of this section, the Attorney
General shall report the results of this survey to
Congress.
(2) TRAINING.—Based on the results of such
survey, the Attorney General shall make available to
State and local law enforcement agencies training to
assist those law enforcement agencies in developing
and managing witness protection and relocation pro-
grams.
(3) AUTHORIZATION
OF
APPROPRIATIONS.—
There are authorized to be appropriated to carry out
paragraphs (1) and (2) for fiscal year 2000 not to
exceed $500,000.
(d) FEDERAL-STATE COORDINATION AND COOPERA-
TION REGARDING NOTIFICATION OF INTERSTATE WIT-
NESS RELOCATION.—
(1) ATTORNEY GENERAL TO PROMOTE INTER-
STATE COORDINATION.—The Attorney General shall
engage in activities, including the establishment of a
model Memorandum of Understanding under para-
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graph (2), which promote coordination among State
and local witness interstate relocation programs.
(2) 
MODEL
MEMORANDUM
OF
UNDER-
STANDING.—The Attorney General shall establish a
model Memorandum of Understanding for States
and localities that engage in interstate witness relo-
cation. Such a model Memorandum of Under-
standing shall include a requirement that notice be
provided to the jurisdiction to which the relocation
has been made by the State or local law enforcement
agency that relocates a witness to another State who
has been arrested for or convicted of a crime of vio-
lence as described in section 16 of title 18, United
States Code.
(3) BYRNE GRANT ASSISTANCE.—The Attorney
General is authorized to expend up to 10 percent of
the total amount appropriated under section 511 of
subpart 2 of part E of the Omnibus Crime Control
and Safe Streets Act of 1968 for purposes of mak-
ing grants pursuant to section 510 of that Act to
those jurisdictions that have interstate witness relo-
cation programs and that have substantially followed
the model Memorandum of Understanding.
(4) GUIDELINES AND DETERMINATION OF ELI-
GIBILITY.—The Attorney General shall establish
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guidelines relating to the implementation of para-
graph (4) and shall determine, consistent with such
guidelines, which jurisdictions are eligible for grants
under paragraph (4).
(d) BYRNE GRANTS.—Section 501(b) of the Omnibus
Crime Control and Safe Streets Act of 1968 is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(25);
(2) by striking the period at the end paragraph
(26) and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(27) developing and maintaining witness secu-
rity and relocation programs, including providing
training of personnel in the effective management of
such programs.’’.
(e) DEFINITION.—As used in this section, the term
‘‘State’’ includes the District of Columbia, Puerto Rico,
and any other commonwealth, territory, or possession of
the United States.
TITLE VIII—JUVENILE GANGS
SEC. 801. 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:
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‘‘§ 522. Recruitment of persons to participate in
criminal 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,
solicit, induce, command, or cause another person to be
or remain as a member of a criminal street gang, or con-
spire to do so, with the intent that the person being re-
cruited, solicited, induced, commanded or caused to be or
remain a member of such gang participate in an offense
described in section 521(c).
‘‘(b) PENALTIES.—Any person who violates sub-
section (a) shall—
‘‘(1) if the person recruited, solicited, induced,
commanded, or caused—
‘‘(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
Federal Government or by any State or local govern-
ment for housing, maintaining, and treating the
minor until the minor attains the age of 18 years.
‘‘(c) DEFINITIONS.—In this section:
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‘‘(1) CRIMINAL
STREET
GANG.—The term
‘criminal street gang’ has the meaning given the
term in section 521.
‘‘(2) MINOR.—The term ‘minor’ means a per-
son who is younger than 18 years of age.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 26 of title 18, United States
Code, is amended by adding at the end the following new
item:
‘‘522. Recruitment of persons to participate in criminal street gang activity.’’.
TITLE IX—MATTHEW’S LAW
SEC. 901. SHORT TITLE.
This title may be cited as ‘‘Matthew’s Law’’.
SEC. 902. ENHANCED PENALTIES FOR CRIMES OF VIO-
LENCE AGAINST CHILDREN UNDER AGE 13.
(a) IN GENERAL.—Title XVII of the Violent Crime
Control and Law Enforcement Act of 1994 is amended
by adding at the end the following:
‘‘Subtitle 
C—Enhanced 
Penalties
for Crimes of Violence Against
Children Under Age 13
‘‘SEC. 170301. ENHANCED PENALTIES FOR CRIMES OF VIO-
LENCE AGAINST CHILDREN UNDER AGE 13.
‘‘(a) IN GENERAL.—The United States Sentencing
Commission shall amend the Federal sentencing guidelines
to provide a sentencing enhancement of not less than 5
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levels above the offense level otherwise provided for a
crime of violence, if the crime of violence is against a child.
‘‘(b) DEFINITIONS.—In this section—
‘‘(1) the term ‘crime of violence’ means any
crime punishable by imprisonment for a term ex-
ceeding one year that has as an element the use, at-
tempted use, or threatened use of physical force
against the person of another; and
‘‘(2) the term ‘child’ means a person who has
not attained 13 years of age at the time of the of-
fense.’’.
(b) CONFORMING REPEAL.—Section 240002 of such
Act (28 U.S.C. 994 note) is repealed.
(c) CLERICAL AMENDMENT.—The table of contents
of such Act is amended by striking the item relating to
subtitle C of title XVII and the items relating to sections
170301 through 170303 and inserting the following:
‘‘Subtitle C—Enhanced Penalties for Crimes of Violence Against Children
Under Age 13.
‘‘Sec. 170301. Enhanced penalties for crimes of violence against children under
age 13.’’.
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SEC. 903. FEDERAL BUREAU OF INVESTIGATION ASSIST-
ANCE AVAILABLE TO STATE OR LOCAL LAW
AUTHORITIES IN INVESTIGATING POSSIBLE
HOMICIDES OF CHILDREN UNDER THE AGE
OF 13.
To the maximum extent practicable, the Federal Bu-
reau of Investigation may provide to State and local law
enforcement authorities such assistance as such authori-
ties may require in investigating the death of an individual
who has not attained 13 years of age under circumstances
indicating that the death may have been a homicide.
TITLE X—DRUG DEALER
LIABILITY
SEC. 1001. FEDERAL CAUSE OF ACTION FOR DRUG DEALER
LIABILITY.
(a) IN GENERAL.—Part E of the Controlled Sub-
stances Act is amended by adding at the end the following:
‘‘SEC. 521. FEDERAL CAUSE OF ACTION FOR DRUG DEALER
LIABILITY.
‘‘(a) IN GENERAL.—Except as provided in subsection
(b), any person who manufactures or distributes a con-
trolled substance in a felony violation of this title or title
III shall be liable in a civil action to any party harmed,
directly or indirectly, by the use of that controlled sub-
stance.
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‘‘(b) EXCEPTION.—An individual user of a controlled
substance may not bring or maintain an action under this
section unless the individual personally discloses to nar-
cotics enforcement authorities all of the information
known to the individual regarding all that individual’s
sources of illegal controlled substances.’’.
(b) CLERICAL AMENDMENT.—The table of sections
for the Comprehensive Drug Abuse Prevention and Con-
trol Act of 1970 is amended by inserting after the time
relating to section 520 the following new item:
‘‘Sec. 521. Federal cause of action for drug dealer liability.’’.
TITLE XI—LIMITATION ON RE-
COVERY OF ATTORNEYS FEES
IN CERTAIN CASES
SEC. 1101. LIMITATION ON RECOVERY OF ATTORNEYS FEES
IN CERTAIN CASES.
Section 722(b) of the Revised Statutes of the United
States (42 U.S.C. 1988(b)) is amended—
(1) by striking ‘‘In’’ and inserting ‘‘Except as
otherwise provided in this subsection, in’’;
(2) by striking ‘‘, except that’’ and inserting ‘‘.
However,’’; and
(3) 
by 
adding 
at 
the 
end 
the 
fol-
lowing:‘‘Attorneys’ fees under this section may not
be allowed in any action claiming that a public
school or its agent violates the constitutional prohi-
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bition against the establishment of religion by per-
mitting, facilitating, or accommodating a student’s
religious expression.’’.
TITLE XII—RIGHTS TO
RELIGIOUS LIBERTY
SEC. 1201. FINDINGS.
The Congress finds the following:
(1) The Declaration of Independence declares
that governments are instituted to secure certain
unalienable rights, including life, liberty, and the
pursuit of happiness, with which all human beings
are endowed by their Creator and to which they are
entitled by the laws of nature and of nature’s God.
(2) The organic laws of the United States Code
and the constitutions of every State, using various
expressions, recognize God as the source of the
blessings of liberty.
(3) The First Amendment to the Constitution
of the United States secures rights against laws re-
specting an establishment of religion or prohibiting
the free exercise thereof made by the United States
Government.
(4) The rights secured under the First Amend-
ment have been interpreted by courts of the United
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States Government to be included among the provi-
sions of the Fourteenth Amendment.
(5) The Tenth Amendment reserves to the
States respectively the powers not delegated to the
United States Government nor prohibited to the
States.
(6) Disputes and doubts have arisen with re-
spect to public displays of the Ten Commandments
and to other public expression of religious faith.
(7) Section 5 of the Fourteenth Amendment
grants the Congress power to enforce the provisions
of the said amendment.
(8) Article I, Section 8, grants the Congress
power to constitute tribunals inferior to the Supreme
Court, and Article III, Section 1, grants the Con-
gress power to ordain and establish courts in which
the judicial power of the United States Government
shall be vested.
SEC. 1202. RELIGIOUS LIBERTY RIGHTS DECLARED.
(a) DISPLAY OF TEN COMMANDMENTS.—The power
to display the Ten Commandments on or within property
owned or administered by the several States or political
subdivisions thereof is hereby declared to be among the
powers reserved to the States respectively.
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(b) EXPRESSION OF RELIGIOUS FAITH.—The expres-
sion of religious faith by individual persons on or within
property owned or administered by the several States or
political subdivisions thereof is hereby—
(1) declared to be among the rights secured
against laws respecting an establishment of religion
or prohibiting the free exercise of religion made or
enforced by the United States Government or by any
department or executive or judicial officer thereof;
and
(2) declared to be among the liberties of which
no State shall deprive any person without due proc-
ess of law made in pursuance of powers reserved to
the States respectively.
(c) EXERCISE
OF JUDICIAL POWER.—The courts
constituted, ordained, and established by the Congress
shall exercise the judicial power in a manner consistent
with the foregoing declarations.
TITLE 
XIII—JUVENILE 
CRIME
CONTROL AND DELINQUENCY
PREVENTION
SEC. 1301. SHORT TITLE.
This title may be cited as the ‘‘Juvenile Crime Con-
trol and Delinquency Prevention Act of 1999’’.
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Subtitle A—Amendments to Juve-
nile Justice and Delinquency
Prevention Act of 1974
SEC. 1302. FINDINGS.
Section 101 of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5601) is amended to
read as follows:
‘‘FINDINGS
‘‘SEC. 101. (a) The Congress finds the following:
‘‘(1) There has been a dramatic increase in ju-
venile delinquency, particularly violent crime com-
mitted by juveniles. Weapons offenses and homicides
are two of the fastest growing crimes committed by
juveniles. More than one-half of juvenile victims are
killed with a firearm. Approximately one-fifth of the
individuals arrested for committing violent crime are
less than 18 years of age. The increase in both the
number of youth below the age of 15 and females
arrested for violent crime is cause for concern.
‘‘(2) This problem should be addressed through
a 2-track common sense approach that addresses the
needs of individual juveniles and society at large by
promoting—
‘‘(A) quality prevention programs that—
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‘‘(i) work with juveniles, their fami-
lies, local public agencies, and community-
based organizations, and take into consid-
eration such factors as whether or not ju-
veniles have been the victims of family vio-
lence (including child abuse and neglect);
and
‘‘(ii) are designed to reduce risks and
develop competencies in at-risk juveniles
that will prevent, and reduce the rate of,
violent delinquent behavior; and
‘‘(B) programs that assist in holding juve-
niles accountable for their actions, including a
system of graduated sanctions to respond to
each delinquent act, requiring juveniles to make
restitution, or perform community service, for
the damage caused by their delinquent acts,
and methods for increasing victim satisfaction
with respect to the penalties imposed on juve-
niles for their acts.
‘‘(b) Congress must act now to reform this program
by focusing on juvenile delinquency prevention programs,
as well as programs that hold juveniles accountable for
their acts. Without true reform, the criminal justice sys-
tem will not be able to overcome the challenges it will face
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in the coming years when the number of juveniles is ex-
pected to increase by 30 percent.’’.
SEC. 1303. PURPOSE.
Section 102 of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5602) is amended to
read as follows:
‘‘PURPOSES
‘‘SEC. 102. The purposes of this title and title II
are—
‘‘(1) to support State and local programs that
prevent juvenile involvement in delinquent behavior;
‘‘(2) to assist State and local governments in
promoting public safety by encouraging account-
ability for acts of juvenile delinquency; and
‘‘(3) to assist State and local governments in
addressing juvenile crime through the provision of
technical assistance, research, training, evaluation,
and the dissemination of information on effective
programs for combating juvenile delinquency.’’.
SEC. 1304. DEFINITIONS.
Section 103 of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5603) is amended—
(1) in paragraph (3) by striking ‘‘to help pre-
vent juvenile delinquency’’ and inserting ‘‘designed
to reduce known risk factors for juvenile delinquent
behavior, provides activities that build on protective
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factors for, and develop competencies in, juveniles to
prevent, and reduce the rate of, delinquent juvenile
behavior’’;
(2) in paragraph (4) by inserting ‘‘title I of’’
before ‘‘the Omnibus’’ each place it appears;
(3) in paragraph (7) by striking ‘‘the Trust
Territory of the Pacific Islands,’’;
(4) in paragraph (9) by striking ‘‘justice’’ and
inserting ‘‘crime control’’;
(5) in paragraph (12)(B) by striking ‘‘, of any
nonoffender,’’;
(6) in paragraph (13)(B) by striking ‘‘, any
non-offender,’’;
(7) in paragraph (14) by inserting ‘‘drug traf-
ficking,’’ after ‘‘assault,’’;
(8) in paragraph (16)—
(A) in subparagraph (A) by adding ‘‘and’’
at the end; and
(B) by striking subparagraph (C);
(9) by striking paragraph (17);
(10) in paragraph (22)—
(A) by redesignating subparagraphs (i),
(ii), and (iii) as subparagraphs (A), (B), and
(C), respectively; and
(B) by striking ‘‘and’’ at the end;
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(11) in paragraph (23) by striking the period at
the end and inserting a semicolon;
(12) by redesignating paragraphs (18), (19),
(20), (21), (22), and (23) as paragraphs (17)
through (22), respectively; and
(13) by adding at the end the following:
‘‘(23) 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; and
‘‘(C) counseling and treatment for sub-
stance abuse and other health and mental
health problems;
‘‘(24) the term ‘graduated sanctions’ means an
accountability-based, graduated series of sanctions
(including incentives and services) applicable to juve-
niles within the juvenile justice system to hold such
juveniles accountable for their actions and to protect
communities from the effects of juvenile delinquency
by providing appropriate sanctions for every act for
which a juvenile is adjudicated delinquent, by induc-
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ing their law-abiding behavior, and by preventing
their subsequent involvement with the juvenile jus-
tice system;
‘‘(25) the term ‘violent crime’ means—
‘‘(A) 
murder 
or 
nonnegligent 
man-
slaughter, forcible rape, or robbery; or
‘‘(B) aggravated assault committed with
the use of a firearm;
‘‘(26) the term ‘co-located facilities’ means fa-
cilities that are located in the same building, or are
part of a related complex of buildings located on the
same grounds; and
‘‘(27) the term ‘related complex of buildings’
means two 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 al-
lowable under section 31.303(e)(3)(i)(C)(3) of
title 28 of the Code of Federal Regulations, as
in effect on December 10, 1996.’’.
SEC. 1305. NAME OF OFFICE.
Title II of the Juvenile Justice and Delinquency Pre-
vention Act of 1974 (42 U.S.C. 5611 et seq.) is
amended—
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(1) by amending the heading of part A to read
as follows:
‘‘PART A—OFFICE OF JUVENILE CRIME CONTROL AND
DELINQUENCY PREVENTION’’;
(2) in section 201(a) by striking ‘‘Justice and
Delinquency Prevention’’ and inserting ‘‘Crime Con-
trol and Delinquency Prevention’’; and
(3) in subsections section 299A(c)(2) by strik-
ing ‘‘Justice and Delinquency Prevention’’ and in-
serting ‘‘Crime Control and Delinquency Preven-
tion’’.
SEC. 1306. CONCENTRATION OF FEDERAL EFFORT.
Section 204 of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5614) is amended—
(1) in subsection (a)(1) by striking the last sen-
tence;
(2) in subsection (b)—
(A) in paragraph (3) by striking ‘‘and of
the prospective’’ and all that follows through
‘‘administered’’;
(B) by striking paragraph (5); and
(C) by redesignating paragraphs (6) and
(7) as paragraphs (5) and (6), respectively;
(3) in subsection (c) by striking ‘‘and reports’’
and all that follows through ‘‘this part’’, and insert-
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ing ‘‘as may be appropriate to prevent the duplica-
tion of efforts, and to coordinate activities, related to
the prevention of juvenile delinquency’’;
(4) by striking subsection (i); and
(5) by redesignating subsection (h) as sub-
section (f).
SEC. 1307. COORDINATING COUNCIL ON JUVENILE JUSTICE
AND DELINQUENCY PREVENTION.
Section 206 of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5616) is repealed.
SEC. 1308. ANNUAL REPORT.
Section 207 of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5617) is amended—
(1) in paragraph (2)—
(A) by inserting ‘‘and’’ after ‘‘priorities,’’;
and
(B) by striking ‘‘, and recommendations of
the Council’’;
(2) by striking paragraphs (4) and (5), and in-
serting the following:
‘‘(4) An evaluation of the programs funded
under this title and their effectiveness in reducing
the incidence of juvenile delinquency, particularly
violent crime, committed by juveniles.’’; and
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(3) by redesignating such section as section
206.
SEC. 1309. ALLOCATION.
Section 222 of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5632) is amended—
(1) in subsection (a)—
(A) in paragraph (2)—
(i) in subparagraph (A)—
(I) by striking ‘‘amount, up to
$400,000,’’ and inserting ‘‘amount up
to $400,000’’;
(II) by inserting a comma after
‘‘1992’’ the first place it appears;
(III) by striking ‘‘the Trust Ter-
ritory of the Pacific Islands,’’; and
(IV) by striking ‘‘amount, up to
$100,000,’’ and inserting ‘‘amount up
to $100,000’’;
(ii) in subparagraph (B)—
(I) by striking ‘‘(other than part
D)’’;
(II) by striking ‘‘or such greater
amount, up to $600,000’’ and all that
follows through ‘‘section 299(a) (1)
and (3)’’;
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(III) by striking ‘‘the Trust Ter-
ritory of the Pacific Islands,’’;
(IV) by striking ‘‘amount, up to
$100,000,’’ and inserting ‘‘amount up
to $100,000’’; and
(V) by inserting a comma after
‘‘1992’’;
(B) in paragraph (3) by striking ‘‘allot’’
and inserting ‘‘allocate’’; and
(2) in subsection (b) by striking ‘‘the Trust
Territory of the Pacific Islands,’’.
SEC. 1310. STATE PLANS.
Section 223 of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5633) is amended—
(1) in subsection (a)—
(A) in the second sentence by striking
‘‘challenge’’ and all that follows through ‘‘part
E’’, and inserting ‘‘, projects, and activities’’;
(B) in paragraph (3)—
(i) by striking ‘‘, which—’’ and insert-
ing ‘‘that—’’;
(ii) in subparagraph (A)—
(I) by striking ‘‘not less’’ and all
that follows through ‘‘33’’, and insert-
ing ‘‘the attorney general of the State
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or such other State official who has
primary responsibility for overseeing
the enforcement of State criminal
laws, and’’;
(II) by inserting ‘‘, in consulta-
tion with the attorney general of the
State or such other State official who
has primary responsibility for over-
seeing the enforcement of State crimi-
nal laws’’ after ‘‘State’’;
(III) in clause (i) by striking ‘‘or
the administration of juvenile justice’’
and inserting ‘‘, the administration of
juvenile justice, or the reduction of ju-
venile delinquency’’;
(IV) in clause (ii) by striking ‘‘in-
clude—’’ and all that follows through
the semicolon at the end of subclause
(VIII), and inserting the following:
‘‘represent a multidisciplinary approach to
addressing juvenile delinquency and may
include—
‘‘(I) individuals who represent
units of general local government, law
enforcement and juvenile justice agen-
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cies, public agencies concerned with
the prevention and treatment of juve-
nile delinquency and with the adju-
dication of juveniles, representatives
of juveniles, or nonprofit private orga-
nizations, particularly such organiza-
tions that serve juveniles; and
‘‘(II) such other individuals as
the chief executive officer considers to
be appropriate; and’’; and
(V) by striking clauses (iv) and
(v);
(iii) in subparagraph (C) by striking
‘‘justice’’ and inserting ‘‘crime control’’;
(iv) in subparagraph (D)—
(I) in clause (i) by inserting
‘‘and’’ at the end;
(II) in clause (ii) by striking
‘‘paragraphs’’ and all that follows
through ‘‘part E’’, and inserting
‘‘paragraphs (11), (12), and (13)’’;
and
(III) by striking clause (iii); and
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(v) in subparagraph (E) by striking
‘‘title—’’ and all that follows through
‘‘(ii)’’ and inserting ‘‘title,’’;
(C) in paragraph (5)—
(i) in the matter preceding subpara-
graph (A) by striking ‘‘, other than’’ and
inserting ‘‘reduced by the percentage (if
any) specified by the State under the au-
thority of paragraph (25) and excluding’’
after ‘‘section 222’’; and
‘‘(ii) in subparagraph (C) by striking
‘‘paragraphs (12)(A), (13), and (14)’’ and
inserting ‘‘paragraphs (11), (12), and
(13)’’;
(D) by striking paragraph (6);
(E) in paragraph (7) by inserting ‘‘, in-
cluding in rural areas’’ before the semicolon at
the end;
(F) in paragraph (8)—
(i) in subparagraph (A)—
(I) by striking ‘‘for (i)’’ and all
that follows through ‘‘relevant juris-
diction’’, and inserting ‘‘for an anal-
ysis of juvenile delinquency problems
in, and the juvenile delinquency con-
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trol and delinquency prevention needs
(including educational needs) of, the
State’’;
(II) by striking ‘‘justice’’ the sec-
ond place it appears and inserting
‘‘crime control’’; and
(III) by striking ‘‘of the jurisdic-
tion; (ii)’’ and all that follows through
the semicolon at the end, and insert-
ing ‘‘of the State; and’’;
(ii) by amending subparagraph (B) to
read as follows:
‘‘(B) contain—
‘‘(i) a plan for providing needed gen-
der-specific services for the prevention and
treatment of juvenile delinquency;
‘‘(ii) a plan for providing needed serv-
ices for the prevention and treatment of ju-
venile delinquency in rural areas; and
‘‘(iii) a plan for providing needed
mental health services to juveniles in the
juvenile justice system, including informa-
tion on how such plan is being imple-
mented and how such services will be tar-
geted to those juveniles in the such system
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who are in greatest need of such services
services;’’; and
(iii) by striking subparagraphs (C)
and (D);
(G) by amending paragraph (9) to read as
follows:
‘‘(9) 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;’’;
(H) in paragraph (10)—
(i) in subparagraph (A)—
(I) by striking ‘‘, specifically’’
and inserting ‘‘including’’;
(II) by striking clause (i); and
(III) redesignating clauses (ii)
and (iii) as clauses (i) and (ii), respec-
tively;
(ii) in subparagraph (C) by striking
‘‘juvenile justice’’ and inserting ‘‘juvenile
crime control’’;
(iv) by amending subparagraph (D) to
read as follows:
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‘‘(D) programs that provide treatment to
juvenile offenders who are victims of child
abuse or neglect, and to their families, in order
to reduce the likelihood that such juvenile of-
fenders will commit subsequent violations of
law;’’;
(iv) in subparagraph (E)—
(I) by redesignating clause (ii) as
clause (iii); and
(II) by striking ‘‘juveniles, pro-
vided’’ and all that follows through
‘‘provides; and’’, and inserting the fol-
lowing:
‘‘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’’;
(v) by amending subparagraph (F) to
read as follows:
‘‘(F) expanding the use of probation
officers—
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‘‘(i) particularly for the purpose of permit-
ting nonviolent juvenile offenders (including
status offenders) to remain at home with their
families as an alternative to incarceration or in-
stitutionalization; and
‘‘(ii) to ensure that juveniles follow the
terms of their probation;’’;
(vi) by amending subparagraph (G) to
read as follows:
‘‘(G) one-on-one mentoring programs that
are designed to link at-risk juveniles and juve-
nile offenders, particularly juveniles residing in
high-crime areas and juveniles experiencing
educational failure, with responsible adults
(such as law enforcement officers, adults work-
ing with local businesses, and adults working
with community-based organizations and agen-
cies) who are properly screened and trained;’’;
(vii) in subparagraph (H) by striking
‘‘handicapped youth’’ and inserting ‘‘juve-
niles with disabilities’’;
(viii) by amending subparagraph (K)
to read as follows:
‘‘(K) boot camps for juvenile offenders;’’;
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(ix) by amending subparagraph (L) to
read as follows:
‘‘(L) community-based programs and serv-
ices to work with juveniles, their parents, and
other family members during and after incar-
ceration in order to strengthen families so that
such juveniles may be retained in their homes;’’;
(x) by amending subparagraph (N) to
read as follows:
‘‘(N) establishing policies and systems to
incorporate relevant child protective services
records into juvenile justice records for pur-
poses of establishing treatment plans for juve-
nile offenders;’’;
(xi) in subparagraph (O)—
(I) in striking ‘‘cultural’’ and in-
serting ‘‘other’’; and
(II) by striking the period at the
end and inserting a semicolon; and
(xii) by adding at the end the fol-
lowing:
‘‘(P) programs designed to prevent and to
reduce hate crimes committed by juveniles; and
‘‘(Q) after-school programs that provide
at-risk juveniles and juveniles in the juvenile
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justice system with a range of age-appropriate
activities, including tutoring, mentoring, and
other educational and enrichment activities.’’;
(I) by amending paragraph (12) to read as
follows:
‘‘(12) shall, in accordance with rules issued by
the Administrator, 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
‘‘(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—
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‘‘(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;’’;
(J) by amending paragraph (13) to read as
follows:
‘‘(13) provide that—
‘‘(A) juveniles alleged to be or found to be
delinquent, and juveniles within the purview of
paragraph (11), will not be detained or confined
in any institution in which they have regular
contact, or unsupervised incidental contact,
with adults incarcerated because such adults
have been convicted of a crime or are awaiting
trial on criminal charges; and
‘‘(B) there is in effect in the State a policy
that requires individuals who work with both
such juveniles and such adults in co-located fa-
cilities have been trained and certified to work
with juveniles;’’;
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(K) by amending paragraph (14) to read
as follows:
‘‘(14) provide that no juvenile will be detained
or confined in any jail or lockup for adults except—
‘‘(A) juveniles who are accused of non-
status 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 non-
status offenses, who are awaiting an initial
court appearance that will occur within 48
hours after being taken into custody (excluding
Saturdays, Sundays, and legal holidays), and
who are detained in a jail or lockup—
‘‘(i) in which—
‘‘(I) such juveniles do not have
regular contact, or unsupervised inci-
dental contact, with adults incarcer-
ated because such adults have been
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convicted of a crime or are awaiting
trial on criminal charges; and
‘‘(II) there is in effect in the
State a policy that requires individ-
uals who work with both such juve-
niles and such adults in co-located fa-
cilities have been trained and certified
to work with juveniles; and
‘‘(ii) that—
‘‘(I) is located outside a metro-
politan statistical area (as defined by
the Office of Management and Budg-
et) and has no existing acceptable al-
ternative 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
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that do not allow for reasonably safe
travel), in which case the time for an
appearance may be delayed until 24
hours after the time that such condi-
tions allow for reasonable safe travel;
‘‘(C) juveniles who are accused of non-
status offenses and who are detained in a jail
or lockup that satisfies the requirements of sub-
paragraph (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 Budg-
et); 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, in consultation with the counsel
representing the juvenile, consents to de-
taining such juvenile in accordance with
this subparagraph and has the right to re-
voke such consent at any time;
‘‘(iii) the juvenile has counsel, and the
counsel representing such juvenile—
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‘‘(I) consults with the parents of
the juvenile to determine the appro-
priate placement of the juvenile; and
‘‘(II) has an opportunity to
present the juvenile’s position regard-
ing the detention involved to the court
before the court approves such deten-
tion;
‘‘(iv) the court has an opportunity to
hear from the juvenile before court ap-
proval of such placement; and
‘‘(v) detaining such juvenile in accord-
ance with this subparagraph is—
‘‘(I) approved in advance by a
court with competent jurisdiction that
has determined that such placement is
in the best interest of such juvenile;
‘‘(II) required to be reviewed pe-
riodically and in the presence of the
juvenile, at intervals of not more than
5 days (excluding Saturdays, Sun-
days, and legal holidays), by such
court for the duration of detention;
and
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‘‘(III) for a period preceding the
sentencing (if any) of such juvenile,
but not to exceed a 20-day period;’’;
(L) in paragraph (15)—
(i) by striking ‘‘paragraph (12)(A),
paragraph (13), and paragraph (14)’’ and
inserting ‘‘paragraphs (11), (12), and
(13)’’; and
(ii) by striking ‘‘paragraph (12)(A)
and paragraph (13)’’ and inserting ‘‘para-
graphs (11) and (12)’’;
(M) in paragraph (16) by striking ‘‘men-
tally, emotionally, or physically handicapping
conditions’’ and inserting ‘‘disability’’;
(N) by amending paragraph (19) to read
as follows:
‘‘(19) 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 em-
ployment benefits) of any currently employed
employee;
‘‘(B) activities assisted under this Act will
not impair an existing collective bargaining re-
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lationship, contract for services, or collective
bargaining agreement; and
‘‘(C) no such activity that would be incon-
sistent with the terms of a collective bargaining
agreement shall be undertaken without the
written concurrence of the labor organization
involved;’’;
(O) in paragraph (22) by inserting before
the semicolon, the following:
‘‘; and that the State will not expend funds to carry
out a program referred to in subparagraph (A), (B),
or (C) of paragraph (5) if the recipient of funds who
carried out such program during the preceding 2-
year period fails to demonstrate, before the expira-
tion of such 2-year period, that such program
achieved substantial success in achieving the goals
specified in the application submitted such recipient
to the State agency’’;
(P) by amending paragraph (23) to read
as follows:
‘‘(23) address juvenile delinquency prevention
efforts and system improvement efforts designed to
reduce, without establishing or requiring numerical
standards or quotas, the disproportionate number of
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juvenile members of minority groups, who come into
contact with the juvenile justice system;’’;
(Q) by amending paragraph (24) to read
as follows:
‘‘(24) provide that if a juvenile is taken into
custody for violating a valid court order issued for
committing a status offense—
‘‘(A) an appropriate public agency shall be
promptly notified that such juvenile is held in
custody for violating such order;
‘‘(B) not later than 24 hours during which
such juvenile is so held, an authorized rep-
resentative 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
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‘‘(II) the appropriate placement
of such juvenile pending disposition of
the violation alleged;’’;
(R) in paragraph (25) by striking the pe-
riod at the end and inserting a semicolon;
(S) 
by 
redesignating 
paragraphs 
(7)
through (25) as paragraphs (6) through (24),
respectively; and
(T) by adding at the end the following:
‘‘(25) specify a percentage (if any), not to ex-
ceed 5 percent, of funds received by the State under
section 222 (other than funds made available to the
state advisory group under section 222(d)) that the
State will reserve for expenditure by the State to
provide incentive grants to units of general local gov-
ernment that reduce the caseload of probation offi-
cers within such units; and
‘‘(26) 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 ju-
venile that are on file in the geographical area under
the jurisdiction of such court will be made known to
such court.’’; and
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(2) by amending subsection (c) to read as fol-
lows:
‘‘(c) If a State fails to comply with any of the applica-
ble requirements of paragraphs (11), (12), (13), and (23)
of subsection (a) in any fiscal year beginning after Sep-
tember 30, 1999, then the amount allocated to such State
for the subsequent fiscal year shall be reduced by not to
exceed 12.5 percent for each such paragraph with respect
to which the failure occurs, unless the Administrator de-
termines that the State—
‘‘(1) has achieved substantial compliance with
such applicable requirements with respect to which
the State was not in compliance; and
‘‘(2) has made, through appropriate executive
or legislative action, an unequivocal commitment to
achieving full compliance with such applicable re-
quirements within a reasonable time.’’; and
(3) in subsection (d)—
(A) by striking ‘‘allotment’’ and inserting
‘‘allocation’’; and
(B) by striking ‘‘subsection (a) (12)(A),
(13), (14) and (23)’’ each place it appears and
inserting ‘‘paragraphs (11), (12), (13), and
(23) of subsection (a)’’.
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SEC. 1311. JUVENILE DELINQUENCY PREVENTION BLOCK
GRANT PROGRAM.
Title II of the Juvenile Justice and Delinquency Pre-
vention Act of 1974 (42 U.S.C. 5611 et seq.) is
amended—
(1) by striking parts C, D, E, F, G, and H;
(2) by striking the first part I;
(3) by redesignating the second part I as part
F; and
(4) by inserting after part B the following:
‘‘PART C—JUVENILE DELINQUENCY PREVENTION
BLOCK GRANT PROGRAM
‘‘SEC. 241. AUTHORITY TO MAKE GRANTS.
‘‘The Administrator may make grants to eligible
States, from funds allocated under section 242, for the
purpose of providing financial assistance to eligible entities
to carry out projects designed to prevent juvenile delin-
quency, including—
‘‘(1) projects that provide treatment (including
treatment for mental health problems) to juvenile of-
fenders, and juveniles who are at risk of becoming
juvenile offenders, who are victims of child abuse or
neglect or who have experienced violence in their
homes, at school, or in the community, and to their
families, in order to reduce the likelihood that such
juveniles will commit violations of law;
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‘‘(2) educational projects or supportive services
for delinquent or other juveniles—
‘‘(A) to encourage juveniles to remain in
elementary and secondary schools or in alter-
native learning situations in educational set-
tings;
‘‘(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
techniques with respect to the prevention of
school violence and vandalism;
‘‘(F) which assist law enforcement per-
sonnel and juvenile justice personnel to more ef-
fectively recognize and provide for learning-dis-
abled and other juveniles with disabilities;
‘‘(G) which develop locally coordinated
policies and programs among education, juve-
nile justice, and social service agencies; or
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‘‘(H) to provide services to juvenile with
serious mental and emotional disturbances
(SED) in need of mental health services;
‘‘(3) projects which expand the use of probation
officers—
‘‘(A) particularly for the purpose of per-
mitting nonviolent juvenile offenders (including
status offenders) to remain at home with their
families as an alternative to incarceration or in-
stitutionalization; and
‘‘(B) to ensure that juveniles follow the
terms of their probation;
‘‘(4) 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, and adults working for com-
munity-based organizations and agencies) who are
properly screened and trained;
‘‘(5) community-based projects and services (in-
cluding literacy and social service programs) which
work with juvenile offenders and juveniles who are
at risk of becoming juvenile offenders, including
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those from families with limited English-speaking
proficiency, their parents, their siblings, and other
family members during and after incarceration of
the juvenile offenders, in order to strengthen fami-
lies, to allow juvenile offenders to be retained in
their homes, and to prevent the involvement of other
juvenile family members in delinquent activities;
‘‘(6) projects designed to provide for the treat-
ment (including mental health services) of juveniles
for dependence on or abuse of alcohol, drugs, or
other harmful substances;
‘‘(7) projects which leverage funds to provide
scholarships for postsecondary education and train-
ing for low-income juveniles who reside in neighbor-
hoods with high rates of poverty, violence, and drug-
related crimes;
‘‘(8) projects which provide for an initial intake
screening of each juvenile taken into custody—
‘‘(A) to determine the likelihood that such
juvenile will commit a subsequent offense; and
‘‘(B) to provide appropriate interventions
(including mental health services) to prevent
such juvenile from committing subsequent of-
fenses;
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‘‘(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
weapons, or that unlawfully traffic in drugs and that
involve, 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;
‘‘(10) comprehensive juvenile justice and delin-
quency prevention projects that meet the needs of
juveniles through the collaboration of the many local
service 
systems 
juveniles 
encounter, 
including
schools, courts, law enforcement agencies, child pro-
tection agencies, mental health agencies, welfare
services, health care agencies, private nonprofit
agencies, and public recreation agencies offering
services to juveniles;
‘‘(11) to develop, implement, and support, in
conjunction with public and private agencies, organi-
zations, and businesses, projects for the employment
of juveniles and referral to job training programs
(including referral to Federal job training pro-
grams);
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‘‘(12) delinquency prevention activities which
involve youth clubs, sports, recreation and parks,
peer counseling and teaching, the arts, leadership
development, community service, volunteer service,
before- and after-school programs, violence preven-
tion activities, mediation skills training, camping,
environmental education, ethnic or cultural enrich-
ment, tutoring, 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) programs that encourage social com-
petencies, problem-solving skills, and communication
skills, youth leadership, and civic involvement;
‘‘(15) programs that focus on the needs of
young girls at-risk of delinquency or status offenses;
‘‘(16) projects which provide for—
‘‘(A) an assessment by a qualified mental
health professional of incarcerated juveniles
who are suspected to be in need of mental
health services;
‘‘(B) the development of an individualized
treatment plan for those incarcerated juveniles
determined to be in need of such services;
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‘‘(C) the inclusion of a discharge plan for
incarcerated juveniles receiving mental health
services that addresses aftercare services; and
‘‘(D) all juveniles receiving psychotropic
medications to be under the care of a licensed
mental health professional;
‘‘(17) after-school programs that provide at-risk
juveniles and juveniles in the juvenile justice system
with a range of age-appropriate activities, including
tutoring, mentoring, and other educational and en-
richment activities;
‘‘(18) programs related to the establishment
and maintenance of a school violence hotline, based
on a public-private partnership, that students and
parents can use to report suspicious, violent, or
threatening behavior to local school and law enforce-
ment authorities;
‘‘(19) programs (excluding programs to pur-
chase guns from juveniles) designed to reduce the
unlawful acquisition and illegal use of guns by juve-
niles, including partnerships between law enforce-
ment agencies, health professionals, school officials,
firearms manufacturers, consumer groups, faith-
based groups and community organizations; and
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‘‘(20) other activities that are likely to prevent
juvenile delinquency.
‘‘SEC. 242. ALLOCATION.
‘‘Funds appropriated to carry out this part shall be
allocated among eligible States proportionately based on
the population that is less than 18 years of age in the
eligible States.
‘‘SEC. 243. ELIGIBILITY OF STATES.
‘‘(a) APPLICATION.—To be eligible to receive a grant
under section 241, a State shall submit to the Adminis-
trator an application that contains the following:
‘‘(1) An assurance that the State will use—
‘‘(A) 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 activi-
ties carried out with funds provided under
this part; and
‘‘(B) the remainder of such grant to make
grants under section 244.
‘‘(2) An assurance that, and a detailed descrip-
tion of how, such grant will support, and not sup-
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plant State and local efforts to prevent juvenile de-
linquency.
‘‘(3) An assurance that such application was
prepared after consultation with and participation by
community-based organizations, and organizations in
the local juvenile justice system, that carry out pro-
grams, projects, or activities to prevent juvenile de-
linquency.
‘‘(4) An assurance that each eligible entity de-
scribed in section 244 that receives an initial grant
under section 244 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 subse-
quent fiscal year to carry out such project or activ-
ity, 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 section 241
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 ap-
proved by the State.
‘‘(5) Such other information and assurances as
the Administrator may reasonably require by rule.
‘‘(b) APPROVAL OF APPLICATIONS.—
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‘‘(1) APPROVAL REQUIRED.—Subject to para-
graph (2), the Administrator shall approve an appli-
cation, and amendments to such application sub-
mitted in subsequent fiscal years, that satisfy the re-
quirements of subsection (a).
‘‘(2) LIMITATION.—The Administrator may not
approve such application (including amendments to
such application) for a fiscal year unless—
‘‘(A)(i) the State submitted a plan under
section 223 for such fiscal year; and
‘‘(ii) such plan is approved by the Adminis-
trator for such fiscal year; or
‘‘(B) the Administrator waives the applica-
tion of subparagraph (A) to such State for such
fiscal year, after finding good cause for such a
waiver.
‘‘SEC. 244. GRANTS FOR LOCAL PROJECTS.
‘‘(a) GRANTS BY STATES.—Using a grant received
under section 241, a State may make grants to eligible
entities whose applications are received by the State to
carry out projects and activities described in section 241.
‘‘(b) SPECIAL CONSIDERATION.—For purposes of
making grants under subsection (a), the State shall give
special consideration to eligible entities that—
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‘‘(1) propose to carry out such projects in geo-
graphical areas in which there is—
‘‘(A) a disproportionately high level of seri-
ous crime committed by juveniles; or
‘‘(B) a recent rapid increase in the number
of nonstatus offenses committed by juveniles;
‘‘(2)(A) agreed to carry out such projects or ac-
tivities that are multidisciplinary and involve more
than two private nonprofit agencies, organizations,
and institutions that have experience dealing with
juveniles; or
‘‘(B) represent communities that have a com-
prehensive plan designed to identify at-risk juveniles
and to prevent or reduce the rate of juvenile delin-
quency, and that involve other entities operated by
individuals who have a demonstrated history of in-
volvement in activities designed to prevent juvenile
delinquency; and
‘‘(3) the amount of resources (in cash or in
kind) such entities will provide to carry out such
projects and activities.
‘‘SEC. 245. ELIGIBILITY OF ENTITIES.
‘‘(a) ELIGIBILITY.—Except as provided in subsection
(b), to be eligible to receive a grant under section 244,
a unit of general purpose local government, acting jointly
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with not fewer than two private nonprofit agencies, organi-
zations, and institutions that have experience dealing with
juveniles, shall submit to the State an application that
contains the following:
‘‘(1) An assurance that such applicant will use
such grant, and each such grant received for the
subsequent fiscal year, to carry out throughout a 2-
year period a project or activity described in reason-
able detail, and of a kind described in one or more
of paragraphs (1) through (14) of section 241 as
specified in, such application.
‘‘(2) 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.
‘‘(3) A statement identifying the research (if
any) such entity relied on in preparing such applica-
tion.
‘‘(b) LIMITATION.—If an eligible entity that receives
a grant under section 244 to carry out a project or activity
for a 2-year period, and receives technical assistance from
the State or the Administrator after requesting such tech-
nical assistance (if any), fails to demonstrate, before the
expiration of such 2-year period, that such project or such
activity has achieved substantial success in achieving the
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goals specified in the application submitted by such entity
to receive such grants, then such entity shall not be eligi-
ble to receive any subsequent grant under such section to
continue to carry out such project or activity.’’.
SEC. 1312. RESEARCH; EVALUATION; TECHNICAL ASSIST-
ANCE; TRAINING.
Title II of the Juvenile Justice and Delinquency Pre-
vention Act of 1974 (42 U.S.C. 5611 et seq.) is amended
by inserting after part C, as added by section 1311, the
following:
‘‘PART D—RESEARCH; EVALUATION; TECHNICAL
ASSISTANCE; TRAINING
‘‘SEC. 251. RESEARCH AND EVALUATION; STATISTICAL
ANALYSES; INFORMATION DISSEMINATION.
‘‘(a) RESEARCH AND EVALUATION.—(1) The Admin-
istrator may—
‘‘(A) plan and identify, after consultation with
the Director of the National Institute of Justice, the
purposes and goals of all agreements carried out
with funds provided under this subsection; and
‘‘(B) make agreements with the National Insti-
tute of Justice or, subject to the approval of the As-
sistant Attorney General for the Office of Justice
Programs, with another Federal agency authorized
by law to conduct research or evaluation in juvenile
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justice matters, for the purpose of providing re-
search and evaluation relating to—
‘‘(i) the prevention, reduction, and control
of juvenile delinquency and serious crime com-
mitted by juveniles;
‘‘(ii) the link between juvenile delinquency
and the incarceration of members of the fami-
lies of juveniles;
‘‘(iii) successful efforts to prevent first-
time minor offenders from committing subse-
quent involvement in serious crime;
‘‘(iv) successful efforts to prevent recidi-
vism;
‘‘(v) the juvenile justice system;
‘‘(vi) juvenile violence;
‘‘(vii) appropriate mental health services
for juveniles and youth at risk of participating
in delinquent activities;
‘‘(viii) reducing the proportion of juveniles
detained or confined in secure detention facili-
ties, secure correctional facilities, jails, and
lockups who are members of minority groups;
and
‘‘(ix) other purposes consistent with the
purposes of this title and title I.
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‘‘(2) The Administrator shall ensure that an equi-
table amount of funds available to carry out paragraph
(1)(B) is used for research and evaluation relating to the
prevention of juvenile delinquency.
‘‘(b) STATISTICAL ANALYSES..—The Administrator
may—
‘‘(1) plan and identify, after consultation with
the Director of the Bureau of Justice Statistics, the
purposes and goals of all agreements carried out
with funds provided under this subsection; and
‘‘(2) make agreements with the Bureau of Jus-
tice Statistics, or subject to the approval of the As-
sistant Attorney General for the Office of Justice
Programs, with another Federal agency authorized
by law to undertake statistical work in juvenile jus-
tice matters, for the purpose of providing for the col-
lection, analysis, and dissemination of statistical
data and information relating to juvenile delinquency
and serious crimes committed by juveniles, to the ju-
venile justice system, to juvenile violence, and to
other purposes consist with the purposes of this title
and title I.
‘‘(c) COMPETITIVE SELECTION PROCESS.—The Ad-
ministrator shall use a competitive process, established by
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rule by the Administrator, to carry out subsections (a) and
(b).
‘‘(d) IMPLEMENTATION OF AGREEMENTS.—A Fed-
eral agency that makes an agreement under subsections
(a)(1)(B) and (b)(2) with the Administrator may carry out
such agreement directly or by making grants to or con-
tracts with public and private agencies, institutions, and
organizations.
‘‘(e) INFORMATION DISSEMINATION.—The Adminis-
trator may—
‘‘(1) review reports and data relating to the ju-
venile justice system in the United States and in for-
eign nations (as appropriate), collect data and infor-
mation from studies and research into all aspects of
juvenile delinquency (including the causes, preven-
tion, and treatment of juvenile delinquency) and se-
rious crimes committed by juveniles;
‘‘(2) establish and operate, directly or by con-
tract, a clearinghouse and information center for the
preparation, publication, and dissemination of infor-
mation relating to juvenile delinquency, including
State and local prevention and treatment programs,
plans, resources, and training and technical assist-
ance programs; and
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‘‘(3) make grants and contracts with public and
private agencies, institutions, and organizations, for
the purpose of disseminating information to rep-
resentatives and personnel of public and private
agencies, including practitioners in juvenile justice,
law enforcement, the courts, corrections, schools,
and related services, in the establishment, implemen-
tation, and operation of projects and activities for
which financial assistance is provided under this
title.
‘‘SEC. 252. TRAINING AND TECHNICAL ASSISTANCE.
‘‘(a) TRAINING.—The Administrator may—
‘‘(1) develop and carry out projects for the pur-
pose of training representatives and personnel of
public and private agencies, including practitioners
in juvenile justice, law enforcement, courts, correc-
tions, schools, and related services, to carry out the
purposes specified in section 102; and
‘‘(2) make grants to and contracts with public
and private agencies, institutions, and organizations
for the purpose of training representatives and per-
sonnel of public and private agencies, including prac-
titioners in juvenile justice, law enforcement, courts,
corrections, schools, and related services, to carry
out the purposes specified in section 102.
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‘‘(b) TECHNICAL ASSISTANCE.—The Administrator
may—
‘‘(1) develop and implement projects for the
purpose of providing technical assistance to rep-
resentatives and personnel of public and private
agencies and organizations, including practitioners
in juvenile justice, law enforcement, courts, correc-
tions, schools, and related services, in the establish-
ment, implementation, and operation of programs,
projects, and activities for which financial assistance
is provided under this title; and
‘‘(2) make grants to and contracts with public
and private agencies, institutions, and organizations,
for the purpose of providing technical assistance to
representatives and personnel of public and private
agencies, including practitioners in juvenile justice,
law enforcement, courts, corrections, schools, and re-
lated services, in the establishment, implementation,
and operation of programs, projects, and activities
for which financial assistance is provided under this
title.
‘‘(c) TRAINING
AND TECHNICAL ASSISTANCE
TO
MENTAL HEALTH PROFESSIONALS AND LAW ENFORCE-
MENT PERSONNEL.—The Administrator shall provide
training and technical assistance to mental health profes-
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sionals and law enforcement personnel (including public
defenders, police officers, probation officers, judges, parole
officials, and correctional officers) to address or to pro-
mote the development, testing, or demonstration of prom-
ising or innovative models, programs, or delivery systems
that address the needs of juveniles who are alleged or ad-
judicated delinquent and who, as a result of such status,
are placed in secure detention or confinement or in non-
secure residential placements.’’.
SEC. 1313. DEMONSTRATION PROJECTS.
Title II of the Juvenile Justice and Delinquency Pre-
vention Act of 1974 (42 U.S.C. 5611 et seq.) is amended
by inserting after part D, as added by section 1312, the
following:
‘‘PART E—DEVELOPING, TESTING, AND DEM-
ONSTRATING PROMISING NEW INITIATIVES
AND PROGRAMS
‘‘SEC. 261. GRANTS AND PROJECTS.
‘‘(a) AUTHORITY TO MAKE GRANTS.—The Adminis-
trator may make grants to and contracts with States,
units of general local government, Indian tribal govern-
ments, public and private agencies, organizations, and in-
dividuals, or combinations thereof, to carry out projects
for the development, testing, and demonstration of prom-
ising initiatives and programs for the prevention, control,
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or reduction of juvenile delinquency. The Administrator
shall ensure that, to the extent reasonable and practicable,
such grants are made to achieve an equitable geographical
distribution of such projects throughout the United
States.
‘‘(b) USE OF GRANTS.—A grant made under sub-
section (a) may be used to pay all or part of the cost of
the project for which such grant is made.
‘‘SEC. 262. GRANTS FOR TECHNICAL ASSISTANCE.
‘‘The Administrator may make grants to and con-
tracts with public and private agencies, organizations, and
individuals to provide technical assistance to States, units
of general local government, Indian tribal governments,
local private entities or agencies, or any combination
thereof, to carry out the projects for which grants are
made under section 261.
‘‘SEC. 263. ELIGIBILITY.
‘‘To be eligible to receive a grant made under this
part, a public or private agency, Indian tribal government,
organization, institution, individual, or combination there-
of shall submit an application to the Administrator at such
time, in such form, and containing such information as
the Administrator may reasonable require by rule.
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‘‘SEC. 264. REPORTS.
‘‘Recipients of grants made under this part shall sub-
mit to the Administrator such reports as may be reason-
ably requested by the Administrator to describe progress
achieved in carrying the projects for which such grants
are made.’’.
SEC. 1314. AUTHORIZATION OF APPROPRIATIONS.
Section 299 of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5671) is amended—
(1) by striking subsection (e); and
(2) by striking subsections (a), (b), and (c), and
inserting the following:
‘‘(a) AUTHORIZATION
OF
APPROPRIATIONS
FOR
TITLE II (EXCLUDING PARTS C AND E).—(1) There are
authorized to be appropriated to carry out this title such
sums as may be appropriate for fiscal years 2000, 2001,
2002, and 2003.
‘‘(2) Of such sums as are appropriated for a fiscal
year to carry out this title (other than parts C and E)—
‘‘(A) not more than 5 percent shall be available
to carry out part A;
‘‘(B) not less than 80 percent shall be available
to carry out part B; and
‘‘(C) not more than 15 percent shall be avail-
able to carry out part D.
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‘‘(b) AUTHORIZATION
OF
APPROPRIATIONS
FOR
PART C.—There are authorized to be appropriated to
carry out part C such sums as may be necessary for fiscal
years 2000, 2001, 2002, and 2003.
‘‘(c) AUTHORIZATION OF APPROPRIATIONS FOR PART
E.—There are authorized to be appropriated to carry out
part E, and authorized to remain available until expended,
such sums as may be necessary for fiscal years 2000,
2001, 2002, and 2003.’’.
SEC. 1315. ADMINISTRATIVE AUTHORITY.
Section 299A of the Juvenile Justice and Delin-
quency Prevention Act of 1974 (42 U.S.C. 5672) is
amended—
(1) in subsection (d) by striking ‘‘as are con-
sistent with the purpose of this Act’’ and inserting
‘‘only to the extent necessary to ensure that there is
compliance with the specific requirements of this
title or to respond to requests for clarification and
guidance relating to such compliance’’; and
(2) by adding at the end the following:
‘‘(e) If a State requires by law compliance with the
requirements described in paragraphs (11), (12), and (13)
of section 223(a), then for the period such law is in effect
in such State such State shall be rebuttably presumed to
satisfy such requirements.’’.
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SEC. 1316. USE OF FUNDS.
Section 299C of the Juvenile Justice and Delin-
quency Prevention Act of 1974 (42 U.S.C. 5674) is
amended—
(1) in subsection (a)—
(A) by striking ‘‘may be used for’’;
(B) in paragraph (1) by inserting ‘‘may be
used for’’ after ‘‘(1)’’; and
(C) by amending paragraph (2) to read as
follows:
‘‘(2) may not be used for the cost of construc-
tion of any facility, except not more than 15 percent
of the funds received under this title by a State for
a fiscal year may be used for the purpose of ren-
ovating or replacing juvenile facilities.’’;
(2) by striking subsection (b); and
(3) by redesignating subsection (c) as sub-
section (b).
SEC. 1317. LIMITATION ON USE OF FUNDS.
Part F of title II of the Juvenile Justice and Delin-
quency Prevention Act of 1974 (42 U.S.C. 5671 et seq.),
as so redesignated by section 1311, is amended by adding
at the end the following:
‘‘SEC. 299F. LIMITATION ON USE OF FUNDS.
‘‘None of the funds made available to carry out this
title may be used to advocate for, or support, the unse-
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cured release of juveniles who are charged with a violent
crime.’’.
SEC. 1318. RULES OF CONSTRUCTION.
Part F of title II of the Juvenile Justice and Delin-
quency Prevention Act of 1974 (42 U.S.C. 5671 et seq.),
as so redesignated by section 1311 and amended by sec-
tion 1317, is amended adding at the end the following:
‘‘SEC. 299G. RULES OF CONSTRUCTION.
‘‘Nothing in this title or title I shall be construed—
‘‘(1) to prevent financial assistance from being
awarded through grants under this title to any oth-
erwise eligible organization; or
‘‘(2) to modify or affect any Federal or State
law relating to collective bargaining rights of em-
ployees.’’.
SEC. 1319. LEASING SURPLUS FEDERAL PROPERTY.
Part F of title II of the Juvenile Justice and Delin-
quency Prevention Act of 1974 (42 U.S.C. 5671 et seq.),
as so redesignated by section 1311 and amended by sec-
tions 1317 and 1318, is amended adding at the end the
following:
‘‘SEC. 299H. LEASING SURPLUS FEDERAL PROPERTY.
‘‘The Administrator may receive surplus Federal
property (including facilities) and may lease such property
to States and units of general local government for use
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in or as facilities for juvenile offenders, or for use in or
as facilities for delinquency prevention and treatment ac-
tivities.’’.
SEC. 1320. ISSUANCE OF RULES.
Part F of title II or the Juvenile Justice and Delin-
quency Prevention Act of 1974 (42 U.S.C. 5671 et seq.),
as so redesignated by section 1311 and amended by sec-
tions 1317, 1318, and 1319, is amended adding at the
end the following:
‘‘SEC. 299I. ISSUANCE OF RULES.
‘‘The Administrator shall issue rules to carry out this
title, including rules that establish procedures and meth-
ods for making grants and contracts, and distributing
funds available, to carry out this title.’’.
SEC. 1321. CONTENT OF MATERIALS.
Part F of title II of the Juvenile Justice and Delin-
quency Prevention Act of 1974 (42 U.S.C. 5671 et seq.),
as so redesignated by section 1311 and amended by sec-
tions 1317, 1318, 1319, and 1320, is amended by adding
at the end the following:
‘‘SEC. 299J. CONTENT OF MATERIALS.
‘‘Materials produced, procured, or distributed using
funds appropriated to carry out this Act, for the purpose
of preventing hate crimes should be respectful of the diver-
sity of deeply held religious beliefs and shall make it clear
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that for most people religious faith is not associated with
prejudice and intolerance.’’.
SEC. 1322. TECHNICAL AND CONFORMING AMENDMENTS.
(a) TECHNICAL AMENDMENTS.—The Juvenile Jus-
tice and Delinquency Prevention Act of 1974 (42 U.S.C.
5601 et seq.) is amended—
(1) in section 202(b) by striking ‘‘prescribed for
GS–18 of the General Schedule by section 5332’’
and inserting ‘‘payable under section 5376’’;
(2) in section 221(b)(2) by striking the last
sentence;
(3) in section 299D by striking subsection (d);
and
(4) by striking titles IV and V, as originally en-
acted by Public Law 93–415 (88 Stat. 1132–1143).
(b) CONFORMING AMENDMENTS.—(1) Section 5315
of title 5, United States Code is amended by striking ‘‘Of-
fice of Juvenile Justice and Delinquency Prevention’’ and
inserting ‘‘Office of Juvenile Crime Control and Delin-
quency Prevention’’.
(2) Section 4351(b) of title 18 of the United States
Code is amended by striking ‘‘Office of Juvenile Justice
and Delinquency Prevention’’ and inserting ‘‘Office of Ju-
venile Crime Control and Delinquency Prevention’’.
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(3) Subsections (a)(1) and (c) of section 3220 of title
39 of the United States Code is amended by striking ‘‘Of-
fice of Juvenile Justice and Delinquency Prevention’’ each
place it appears and inserting ‘‘Office of Juvenile Crime
Control and Delinquency Prevention’’.
(4) Section 463(f) of the Social Security Act (42
U.S.C. 663(f)) is amended by striking ‘‘Office of Juvenile
Justice and Delinquency Prevention’’ and inserting ‘‘Of-
fice of Juvenile Crime Control and Delinquency Preven-
tion’’.
(5) Sections 801(a), 804, 805, and 813 of title I of
the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3712(a), 3782, 3785, 3786, 3789i) are amend-
ed by striking ‘‘Office of Juvenile Justice and Delinquency
Prevention’’ each place it appears and inserting ‘‘Office
of Juvenile Crime Control and Delinquency Prevention’’.
(6) The Victims of Child Abuse Act of 1990 (42
U.S.C. 13001 et seq.) is amended—
(A) in section 214(b(1) by striking ‘‘262, 293,
and 296 of subpart II of title II’’ and inserting
‘‘299B and 299E’’;
(B) in section 214A(c)(1) by striking ‘‘262,
293, and 296 of subpart II of title II’’ and inserting
‘‘299B and 299E’’;
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(C) in sections 217 and 222 by striking ‘‘Office
of Juvenile Justice and Delinquency Prevention’’
each place it appears and inserting ‘‘Office of Juve-
nile Crime Control and Delinquency Prevention’’;
and
(D) in section 223(c) by striking ‘‘section 262,
293, and 296’’ and inserting ‘‘sections 262, 299B,
and 299E’’.
(7) The Missing Children’s Assistance Act (42 U.S.C.
5771 et seq.) is amended—
(A) in section 403(2) by striking ‘‘Justice and
Delinquency Prevention’’ and inserting ‘‘Crime Con-
trol and Delinquency Prevention’’; and
(B) in subsections (a)(5)(E) and (b)(1)(B) of
section 404 by striking ‘‘section 313’’ and inserting
‘‘section 331’’.
(8) The Crime Control Act of 1990 (42 U.S.C. 13001
et seq.) is amended—
(A) in section 217(c)(1) by striking ‘‘sections
262, 293, and 296 of subpart II of title II’’ and in-
serting ‘‘sections 299B and 299E’’; and
(B) in section 223(c) by striking ‘‘section 262,
293, and 296 of title II’’ and inserting ‘‘sections
299B and 299E’’.
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SEC. 1323. REFERENCES.
In any Federal law (excluding this title and the Acts
amended by this title), Executive order, rule, regulation,
order, delegation of authority, grant, contract, suit, or
document—
(1) a reference to the Office of Juvenile Justice
and Delinquency Prevention shall be deemed to in-
clude a reference to the Office of Juvenile Crime
Control and Delinquency Prevention; and
(2) a reference to the National Institute for Ju-
venile Justice and Delinquency Prevention shall be
deemed to include a reference to Office of Juvenile
Crime Control and Delinquency Prevention.
Subtitle B—Amendments to the
Runaway and Homeless Youth Act
SEC. 1331. RUNAWAY AND HOMELESS YOUTH.
(a) FINDINGS.—Section 302 of the Runaway and
Homeless Youth Act (42 U.S.C. 5701) is amended—
(1) in paragraph (5), by striking ‘‘accurate re-
porting of the problem nationally and to develop’’
and inserting ‘‘an accurate national reporting system
to report the problem, and to assist in the develop-
ment of’’; and
(2) by striking paragraph (8) and inserting the
following:
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‘‘(8) services for runaway and homeless youth
are needed in urban, suburban, and rural areas;’’.
(b) AUTHORITY TO MAKE GRANTS FOR CENTERS
AND SERVICES.—Section 311 of the Runaway and Home-
less Youth Act (42 U.S.C. 5711) is amended—
(1) by striking subsection (a) and inserting the
following:
‘‘(a) GRANTS FOR CENTERS AND SERVICES.—
‘‘(1) IN GENERAL.—The Secretary shall make
grants to public and nonprofit private entities (and
combinations of such entities) to establish and oper-
ate (including renovation) local centers to provide
services for runaway and homeless youth and for the
families of such youth.
‘‘(2) SERVICES
PROVIDED.—Services provided
under paragraph (1)—
‘‘(A) shall be provided as an alternative to
involving runaway and homeless youth in the
law enforcement, child welfare, mental health,
and juvenile justice systems;
‘‘(B) shall include—
‘‘(i) safe and appropriate shelter; and
‘‘(ii) individual, family, and group
counseling, as appropriate; and
‘‘(C) may include—
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‘‘(i) street-based services;
‘‘(ii) home-based services for families
with youth at risk of separation from the
family; and
‘‘(iii) drug abuse education and pre-
vention services.’’;
(2) in subsection (b)(2), by striking ‘‘the Trust
Territory of the Pacific Islands,’’; and
(3) by striking subsections (c) and (d).
(c) ELIGIBILITY.—Section 312 of the Runaway and
Homeless Youth Act (42 U.S.C. 5712) is amended—
(1) in subsection (b)—
(A) in paragraph (8), by striking ‘‘para-
graph (6)’’ and inserting ‘‘paragraph (7)’’;
(B) in paragraph (10), by striking ‘‘and’’
at the end;
(C) in paragraph (11), by striking the pe-
riod at the end and inserting ‘‘; and’’; and
(D) by adding at the end the following:
‘‘(12) shall submit to the Secretary an annual
report that includes, with respect to the year for
which the report is submitted—
‘‘(A) information regarding the activities
carried out under this part;
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‘‘(B) the achievements of the project under
this part carried out by the applicant; and
‘‘(C) statistical summaries describing—
‘‘(i) the number and the characteris-
tics of the runaway and homeless youth,
and youth at risk of family separation, who
participate in the project; and
‘‘(ii) the services provided to such
youth by the project.’’; and
(2) by striking subsections (c) and (d) and in-
serting the following:
‘‘(c) APPLICANTS PROVIDING STREET-BASED SERV-
ICES.—To be eligible to use assistance under section
311(a)(2)(C)(i) to provide street-based services, the appli-
cant shall include in the plan required by subsection (b)
assurances that in providing such services the applicant
will—
‘‘(1) provide qualified supervision of staff, in-
cluding 
on-street 
supervision 
by 
appropriately
trained staff;
‘‘(2) provide backup personnel for on-street
staff;
‘‘(3) provide initial and periodic training of
staff who provide such services; and
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‘‘(4) conduct outreach activities for runaway
and homeless youth, and street youth.
‘‘(d) APPLICANTS PROVIDING HOME-BASED SERV-
ICES.—To be eligible to use assistance under section
311(a) to provide home-based services described in section
311(a)(2)(C)(ii), an applicant shall include in the plan re-
quired by subsection (b) assurances that in providing such
services the applicant will—
‘‘(1) provide counseling and information to
youth and the families (including unrelated individ-
uals in the family households) of such youth, includ-
ing services relating to basic life skills, interpersonal
skill building, educational advancement, job attain-
ment skills, mental and physical health care, par-
enting skills, financial planning, and referral to
sources of other needed services;
‘‘(2) provide directly, or through an arrange-
ment made by the applicant, 24-hour service to re-
spond to family crises (including immediate access to
temporary shelter for runaway and homeless youth,
and youth at risk of separation from the family);
‘‘(3) establish, in partnership with the families
of runaway and homeless youth, and youth at risk
of separation from the family, objectives and meas-
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ures of success to be achieved as a result of receiv-
ing home-based services;
‘‘(4) provide initial and periodic training of
staff who provide home-based services; and
‘‘(5) ensure that—
‘‘(A) caseloads will remain sufficiently low
to allow for intensive (5 to 20 hours per week)
involvement with each family receiving such
services; and
‘‘(B) staff providing such services will re-
ceive qualified supervision.
‘‘(e) APPLICANTS PROVIDING DRUG ABUSE EDU-
CATION AND PREVENTION SERVICES.—To be eligible to
use assistance under section 311(a)(2)(C)(iii) to provide
drug abuse education and prevention services, an appli-
cant shall include in the plan required by subsection (b)—
‘‘(1) a description of—
‘‘(A) the types of such services that the ap-
plicant proposes to provide;
‘‘(B) the objectives of such services; and
‘‘(C) the types of information and training
to be provided to individuals providing such
services to runaway and homeless youth; and
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‘‘(2) an assurance that in providing such serv-
ices the applicant shall conduct outreach activities
for runaway and homeless youth.’’.
(d) APPROVAL OF APPLICATIONS.—Section 313 of
the Runaway and Homeless Youth Act (42 U.S.C. 5713)
is amended to read as follows:
‘‘SEC. 313. APPROVAL OF APPLICATIONS.
‘‘(a) IN GENERAL.—An application by a public or
private entity for a grant under section 311(a) may be
approved by the Secretary after taking into consideration,
with respect to the State in which such entity proposes
to provide services under this part—
‘‘(1) the geographical distribution in such State
of the proposed services under this part for which all
grant applicants request approval; and
‘‘(2) which areas of such State have the great-
est need for such services.
‘‘(b) PRIORITY.—In selecting applications for grants
under section 311(a), the Secretary shall give priority to—
‘‘(1) eligible applicants who have demonstrated
experience in providing services to runaway and
homeless youth; and
‘‘(2) eligible applicants that request grants of
less than $200,000.’’.
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(e) AUTHORITY FOR TRANSITIONAL LIVING GRANT
PROGRAM.—Section 321 of the Runaway and Homeless
Youth Act (42 U.S.C. 5714–1) is amended—
(1) in the section heading, by striking ‘‘PUR-
POSE AND’’;
(2) in subsection (a), by striking ‘‘(a)’’; and
(3) by striking subsection (b).
(f) ELIGIBILITY.—Section 322(a)(9) of the Runaway
and Homeless Youth Act (42 U.S.C. 5714–2(a)(9)) is
amended by inserting ‘‘, and the services provided to such
youth by such project,’’ after ‘‘such project’’.
(g) COORDINATION.—Section 341 of the Runaway
and Homeless Youth Act (42 U.S.C. 5714–21) is amended
to read as follows:
‘‘SEC. 341. COORDINATION.
‘‘With respect to matters relating to the health, edu-
cation, employment, and housing of runaway and homeless
youth, the Secretary—
‘‘(1) in conjunction with the Attorney General,
shall coordinate the activities of agencies of the De-
partment of Health and Human Services with activi-
ties under any other Federal juvenile crime control,
prevention, and juvenile offender accountability pro-
gram and with the activities of other Federal enti-
ties; and
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‘‘(2) shall coordinate the activities of agencies
of the Department of Health and Human Services
with the activities of other Federal entities and with
the activities of entities that are eligible to receive
grants under this title.’’.
(h) AUTHORITY TO MAKE GRANTS FOR RESEARCH,
EVALUATION, 
DEMONSTRATION, 
AND
SERVICE
PROJECTS.—Section 343 of the Runaway and Homeless
Youth Act (42 U.S.C. 5714–23) is amended—
(1) in the section heading, by inserting ‘‘EVAL-
UATION,’’ after ‘‘RESEARCH,’’;
(2) in subsection (a), by inserting ‘‘evaluation,’’
after ‘‘research,’’; and
(3) in subsection (b)—
(A) by striking paragraph (2); and
(B) 
by 
redesignating 
paragraphs 
(3)
through (10) as paragraphs (2) through (9), re-
spectively.
(i) STUDY.—Part D of the Runaway and Homeless
Youth Act (42 U.S.C. 5731 et seq.) is amended by adding
after section 344 the following:
‘‘SEC. 345. STUDY
‘‘The Secretary shall conduct a study of a representa-
tive sample of runaways to determine the percent who
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leave home because of sexual abuse. The report on the
study shall include—
‘‘(1) in the case of sexual abuse , the relation-
ship of the assaulter to the runaway; and
‘‘(2) recommendations on how Federal laws
may be changed to reduce sexual assaults on chil-
dren.
The study shall be completed to enable the Secretary to
make a report to the committees of Congress with jurisdic-
tion over this Act, and to make such report available to
the public, within one year of the date of the enactment
of this section.’’
(j) ASSISTANCE TO POTENTIAL GRANTEES.—Section
371 of the Runaway and Homeless Youth Act (42 U.S.C.
5714a) is amended by striking the last sentence.
(k) REPORTS.—Section 381 of the Runaway and
Homeless Youth Act (42 U.S.C. 5715) is amended to read
as follows:
‘‘SEC. 381. REPORTS.
‘‘(a) IN GENERAL.—Not later than April 1, 2000,
and biennially thereafter, the Secretary shall submit, to
the Committee on Education and the Workforce of the
House of Representatives and the Committee on the Judi-
ciary of the Senate, a report on the status, activities, and
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accomplishments of entities that receive grants under
parts A, B, C, D, and E, with particular attention to—
‘‘(1) in the case of centers funded under part
A, the ability or effectiveness of such centers in—
‘‘(A) alleviating the problems of runaway
and homeless youth;
‘‘(B) if applicable or appropriate, reuniting
such youth with their families and encouraging
the resolution of intrafamily problems through
counseling and other services;
‘‘(C) strengthening family relationships
and encouraging stable living conditions for
such youth; and
‘‘(D) assisting such youth to decide upon a
future course of action; and
‘‘(2) in the case of projects funded under part
B—
‘‘(A) the number and characteristics of
homeless youth served by such projects;
‘‘(B) the types of activities carried out by
such projects;
‘‘(C) the effectiveness of such projects in
alleviating the problems of homeless youth;
‘‘(D) the effectiveness of such projects in
preparing homeless youth for self-sufficiency;
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‘‘(E) the effectiveness of such projects in
assisting homeless youth to decide upon future
education, employment, and independent living;
‘‘(F) the ability of such projects to encour-
age the resolution of intrafamily problems
through counseling and development of self-suf-
ficient living skills; and
‘‘(G) activities and programs planned by
such projects for the following fiscal year.
‘‘(b) CONTENTS OF REPORTS.—The Secretary shall
include in each report submitted under subsection (a),
summaries of—
‘‘(1) the evaluations performed by the Secretary
under section 386; and
‘‘(2) descriptions of the qualifications of, and
training provided to, individuals involved in carrying
out such evaluations.’’.
(l) EVALUATION.—Section 384 of the Runaway and
Homeless Youth Act (42 U.S.C. 5732) is amended to read
as follows:
‘‘SEC. 386. EVALUATION AND INFORMATION.
‘‘(a) IN GENERAL.—If a grantee receives grants for
3 consecutive fiscal years under part A, B, C, D, or E
(in the alternative), then the Secretary shall evaluate such
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grantee on-site, not less frequently than once in the period
of such 3 consecutive fiscal years, for purposes of—
‘‘(1) determining whether such grants are being
used for the purposes for which such grants are
made by the Secretary;
‘‘(2) collecting additional information for the re-
port required by section 384; and
‘‘(3) providing such information and assistance
to such grantee as will enable such grantee to im-
prove the operation of the centers, projects, and ac-
tivities for which such grants are made.
‘‘(b) COOPERATION.—Recipients of grants under this
title shall cooperate with the Secretary’s efforts to carry
out evaluations, and to collect information, under this
title.’’.
(m) AUTHORIZATION OF APPROPRIATIONS.—Section
385 of the Runaway and Homeless Youth Act (42 U.S.C.
5751) is amended to read as follows:
‘‘SEC. 388. AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) IN GENERAL.—
‘‘(1) AUTHORIZATION.—There is authorized to
be appropriated to carry out this title (other than
part E) such sums as may be necessary for fiscal
years 2000, 2001, 2002, and 2003.
‘‘(2) ALLOCATION.—
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‘‘(A) PARTS A AND B.—From the amount
appropriated under paragraph (1) for a fiscal
year, the Secretary shall reserve not less than
90 percent to carry out parts A and B.
‘‘(B) PART
B.—Of the amount reserved
under subparagraph (A), not less than 20 per-
cent, and not more than 30 percent, shall be re-
served to carry out part B.
‘‘(3) PARTS
C
AND
D.—In each fiscal year,
after reserving the amounts required by paragraph
(2), the Secretary shall use the remaining amount
(if any) to carry out parts C and D.
‘‘(b) SEPARATE IDENTIFICATION REQUIRED.—No
funds appropriated to carry out this title may be combined
with funds appropriated under any other Act if the pur-
pose of combining such funds is to make a single discre-
tionary grant, or a single discretionary payment, unless
such funds are separately identified in all grants and con-
tracts and are used for the purposes specified in this
title.’’.
(n) SEXUAL ABUSE PREVENTION PROGRAM.—
(1) AUTHORITY FOR PROGRAM.—The Runaway
and Homeless Youth Act (42 U.S.C. 5701 et seq.)
is amended—
(A) by striking the heading for part F;
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(B) by redesignating part E as part F; and
(C) by inserting after part D the following:
‘‘PART E—SEXUAL ABUSE PREVENTION
PROGRAM
‘‘SEC. 351. AUTHORITY TO MAKE GRANTS.
‘‘(a) IN GENERAL.—The Secretary may make grants
to nonprofit private agencies for the purpose of providing
street-based services to runaway and homeless, and street
youth, who have been subjected to, or are at risk of being
subjected to, sexual abuse, prostitution, or sexual exploi-
tation.
‘‘(b) PRIORITY.—In selecting applicants to receive
grants under subsection (a), the Secretary shall give pri-
ority to nonprofit private agencies that have experience in
providing services to runaway and homeless, and street
youth.’’.
(2) AUTHORIZATION
OF
APPROPRIATIONS.—
Section 388(a) of the Runaway and Homeless Youth
Act (42 U.S.C. 5751), as amended by subsection
(m) of this section, is amended by adding at the end
the following:
‘‘(4) PART E.—There is authorized to be appro-
priated to carry out part E such sums as may be
necessary for fiscal years 2000, 2001, 2002, and
2003.’’.
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(o) CONSOLIDATED REVIEW
OF APPLICATIONS.—
The Runaway and Homeless Youth Act (42 U.S.C. 5701
et seq.) is amended by inserting after section 383 the fol-
lowing:
‘‘SEC. 385. CONSOLIDATED REVIEW OF APPLICATIONS.
‘‘With respect to funds available to carry out parts
A, B, C, D, and E, nothing in this title shall be construed
to prohibit the Secretary from—
‘‘(1) announcing, in a single announcement, the
availability of funds for grants under two or more of
such parts; and
‘‘(2) reviewing applications for grants under
two or more of such parts in a single, consolidated
application review process.’’.
(p) DEFINITIONS.—The Runaway and Homeless
Youth Act (42 U.S.C. 5701 et seq.) is amended by insert-
ing after section 386, as amended by subsection (l) of this
section, the following:
‘‘SEC. 387. DEFINITIONS.
‘‘In this title:
‘‘(1) DRUG ABUSE EDUCATION AND PREVEN-
TION SERVICES.—The term ‘drug abuse education
and prevention services’—
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‘‘(A) means services to runaway and home-
less youth to prevent or reduce the illicit use of
drugs by such youth; and
‘‘(B) may include—
‘‘(i) individual, family, group, and
peer counseling;
‘‘(ii) drop-in services;
‘‘(iii) assistance to runaway and
homeless youth in rural areas (including
the development of community support
groups);
‘‘(iv) information and training relating
to the illicit use of drugs by runaway and
homeless youth, to individuals involved in
providing services to such youth; and
‘‘(v) activities to improve the avail-
ability of local drug abuse prevention serv-
ices to runaway and homeless youth.
‘‘(2) 
HOME-BASED
SERVICES.—The 
term
‘home-based services’—
‘‘(A) means services provided to youth and
their families for the purpose of—
‘‘(i) preventing such youth from run-
ning away, or otherwise becoming sepa-
rated, from their families; and
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‘‘(ii) assisting runaway youth to re-
turn to their families; and
‘‘(B) includes services that are provided in
the residences of families (to the extent prac-
ticable), including—
‘‘(i) intensive individual and family
counseling; and
‘‘(ii) training relating to life skills and
parenting.
‘‘(3) HOMELESS YOUTH.—The term ‘homeless
youth’ means an individual—
‘‘(A) who is—
‘‘(i) not more than 21 years of age;
and
‘‘(ii) for the purposes of part B, not
less than 16 years of age;
‘‘(B) for whom it is not possible to live in
a safe environment with a relative; and
‘‘(C) who has no other safe alternative liv-
ing arrangement.
‘‘(4) 
STREET-BASED
SERVICES.—The 
term
‘street-based services’—
‘‘(A) means services provided to runaway
and homeless youth, and street youth, in areas
where they congregate, designed to assist such
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youth in making healthy personal choices re-
garding where they live and how they behave;
and
‘‘(B) may include—
‘‘(i) identification of and outreach to
runaway and homeless youth, and street
youth;
‘‘(ii) crisis intervention and coun-
seling;
‘‘(iii) information and referral for
housing;
‘‘(iv) information and referral for
transitional living and health care services;
‘‘(v) advocacy, education, and preven-
tion services related to—
‘‘(I) alcohol and drug abuse;
‘‘(II) sexual exploitation;
‘‘(III) sexually transmitted dis-
eases, 
including 
human 
immuno-
deficiency virus (HIV); and
‘‘(IV) physical and sexual as-
sault.
‘‘(5) STREET YOUTH.—The term ‘street youth’
means an individual who—
‘‘(A) is—
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‘‘(i) a runaway youth; or
‘‘(ii) indefinitely or intermittently a
homeless youth; and
‘‘(B) spends a significant amount of time
on the street or in other areas that increase the
risk to such youth for sexual abuse, sexual ex-
ploitation, prostitution, or drug abuse.
‘‘(6) TRANSITIONAL LIVING YOUTH PROJECT.—
The term ‘transitional living youth project’ means a
project that provides shelter and services designed to
promote a transition to self-sufficient living and to
prevent long-term dependency on social services.
‘‘(7) YOUTH
AT
RISK
OF
SEPARATION
FROM
THE FAMILY.—The term ‘youth at risk of separation
from the family’ means an individual—
‘‘(A) who is less than 18 years of age; and
‘‘(B)(i) who has a history of running away
from the family of such individual;
‘‘(ii) whose parent, guardian, or custodian
is not willing to provide for the basic needs of
such individual; or
‘‘(iii) who is at risk of entering the child
welfare system or juvenile justice system as a
result of the lack of services available to the
family to meet such needs.’’.
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(q) REDESIGNATION OF SECTIONS.—Sections 371,
372, 381, 382, and 383 of the Runaway and Homeless
Youth Act (42 U.S.C. 5714b–5851 et seq.), as amended
by this title, are redesignated as sections 380, 381, 382,
383, and 384, respectively.
(r) TECHNICAL AMENDMENTS.—The Runaway and
Homeless Youth Act (42 U.S.C. 5701 et seq.) is
amended—
(1) in section 331, in the first sentence, by
striking ‘‘With’’ and all that follows through ‘‘the
Secretary’’, and inserting ‘‘The Secretary’’; and
(2) in section 344(a)(1), by striking ‘‘With’’
and all that follows through ‘‘the Secretary’’, and in-
serting ‘‘The Secretary’’.
Subtitle C—Repeal of Title V Relat-
ing 
to 
Incentive 
Grants 
for
Local Delinquency Prevention
Programs
SEC. 1341. REPEALER.
Title V of the Juvenile Justice and Delinquency Pre-
vention Act of 1974 (42 U.S.C. 5681 et seq.), as added
by Public Law 102–586, is repealed.
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Subtitle D—Amendments to the
Missing Children’s Assistance Act
SEC. 1351. NATIONAL CENTER FOR MISSING AND EX-
PLOITED CHILDREN.
(a) FINDINGS.—Section 402 of the Missing Chil-
dren’s Assistance Act (42 U.S.C. 5771) is amended—
(1) in paragraph (7), by striking ‘‘and’’ at the
end;
(2) in paragraph (8), by striking the period at
the end and inserting a semicolon; and
(3) by adding at the end the following:
‘‘(9) for 14 years, the National Center for Miss-
ing and Exploited Children has—
‘‘(A) served as the national resource center
and clearinghouse congressionally mandated
under the provisions of the Missing Children’s
Assistance Act of 1984; and
‘‘(B) worked in partnership with the De-
partment of Justice, the Federal Bureau of In-
vestigation, the Department of the Treasury,
the Department of State, and many other agen-
cies in the effort to find missing children and
prevent child victimization;
‘‘(10) Congress has given the Center, which is
a private non-profit corporation, access to the Na-
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tional Crime Information Center of the Federal Bu-
reau of Investigation, and the National Law En-
forcement Telecommunications System;
‘‘(11) since 1987, the Center has operated the
National Child Pornography Tipline, in conjunction
with the United States Customs Service and the
United States Postal Inspection Service and, begin-
ning this year, the Center established a new
CyberTipline on child exploitation, thus becoming
‘the 911 for the Internet’;
‘‘(12) in light of statistics that time is of the es-
sence in cases of child abduction, the Director of the
Federal Bureau of Investigation in February of
1997 created a new NCIC child abduction (‘CA’)
flag to provide the Center immediate notification in
the most serious cases, resulting in 642 ‘CA’ notifi-
cations to the Center and helping the Center to have
its highest recovery rate in history;
‘‘(13) the Center has established a national and
increasingly worldwide network, linking the Center
online with each of the missing children clearing-
houses operated by the 50 States, the District of Co-
lumbia, and Puerto Rico, as well as with Scotland
Yard in the United Kingdom, the Royal Canadian
Mounted Police, INTERPOL headquarters in Lyon,
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France, and others, which has enabled the Center to
transmit images and information regarding missing
children to law enforcement across the United States
and around the world instantly;
‘‘(14) from its inception in 1984 through March
31, 1998, the Center has—
‘‘(A) handled 1,203,974 calls through its
24-hour toll-free hotline (1–800–THE–LOST)
and currently averages 700 calls per day;
‘‘(B) trained 146,284 law enforcement,
criminal and juvenile justice, and healthcare
professionals in child sexual exploitation and
missing child case detection, identification, in-
vestigation, and prevention;
‘‘(C) disseminated 15,491,344 free publica-
tions to citizens and professionals; and
‘‘(D) worked with law enforcement on the
cases of 59,481 missing children, resulting in
the recovery of 40,180 children;
‘‘(15) the demand for the services of the Center
is growing dramatically, as evidenced by the fact
that in 1997, the Center handled 129,100 calls, an
all-time record, and by the fact that its new Internet
website (www.missingkids.com) receives 1,500,000
‘hits’ every day, and is linked with hundreds of other
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websites to provide real-time images of breaking
cases of missing children;
‘‘(16) in 1997, the Center provided policy train-
ing to 256 police chiefs and sheriffs from 50 States
and Guam at its new Jimmy Ryce Law Enforcement
Training Center;
‘‘(17) the programs of the Center have had a
remarkable impact, such as in the fight against in-
fant abductions in partnership with the healthcare
industry, during which the Center has performed
668 onsite hospital walk-throughs and inspections,
and trained 45,065 hospital administrators, nurses,
and security personnel, and thereby helped to reduce
infant abductions in the United States by 82 per-
cent;
‘‘(18) the Center is now playing a significant
role in international child abduction cases, serving as
a representative of the Department of State at cases
under The Hague Convention, and successfully re-
solving the cases of 343 international child abduc-
tions, and providing greater support to parents in
the United States;
‘‘(19) the Center is a model of public/private
partnership, raising private sector funds to match
congressional appropriations and receiving extensive
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private in-kind support, including advanced tech-
nology provided by the computer industry such as
imaging technology used to age the photographs of
long-term missing children and to reconstruct facial
images of unidentified deceased children;
‘‘(20) the Center was one of only 10 of 300
major national charities given an A+ grade in 1997
by the American Institute of Philanthropy; and
‘‘(21) the Center has been redesignated as the
Nation’s missing children clearinghouse and resource
center once every 3 years through a competitive se-
lection process conducted by the Office of Juvenile
Justice and Delinquency Prevention of the Depart-
ment of Justice, and has received grants from that
Office to conduct the crucial purposes of the Cen-
ter.’’.
(b) DEFINITIONS.—Section 403 of the Missing Chil-
dren’s Assistance Act (42 U.S.C. 5772) is amended—
(1) in paragraph (1), by striking ‘‘and’’ at the
end;
(2) in paragraph (2), by striking the period at
the end and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(3) the term ‘Center’ means the National Cen-
ter for Missing and Exploited Children.’’.
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(c) DUTIES
AND FUNCTIONS
OF
THE ADMINIS-
TRATOR.—Section 404 of the Missing Children’s Assist-
ance Act (42 U.S.C. 5773) is amended—
(1) by redesignating subsection (c) as sub-
section (d); and
(2) by striking subsection (b) and inserting the
following:
‘‘(b) ANNUAL GRANT TO NATIONAL CENTER FOR
MISSING AND EXPLOITED CHILDREN.—
‘‘(1) IN
GENERAL.—The Administrator shall
annually make a grant to the Center, which shall be
used to—
‘‘(A)(i) operate a national 24-hour toll-free
telephone line by which individuals may report
information regarding the location of any miss-
ing child, or other child 13 years of age or
younger whose whereabouts are unknown to
such child’s legal custodian, and request infor-
mation pertaining to procedures necessary to
reunite such child with such child’s legal custo-
dian; and
‘‘(ii) coordinate the operation of such tele-
phone line with the operation of the national
communications system referred to in part C of
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the Runaway and Homeless Youth Act (42
U.S.C. 5714–11);
‘‘(B) operate the official national resource
center and information clearinghouse for miss-
ing and exploited children;
‘‘(C) provide to State and local govern-
ments, public and private nonprofit agencies,
and individuals, information regarding—
‘‘(i) free or low-cost legal, restaurant,
lodging, and transportation services that
are available for the benefit of missing and
exploited children and their families; and
‘‘(ii) the existence and nature of pro-
grams being carried out by Federal agen-
cies to assist missing and exploited chil-
dren and their families;
‘‘(D) coordinate public and private pro-
grams that locate, recover, or reunite missing
children with their families;
‘‘(E) disseminate, on a national basis, in-
formation relating to innovative and model pro-
grams, services, and legislation that benefit
missing and exploited children;
‘‘(F) provide technical assistance and
training to law enforcement agencies, State and
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local governments, elements of the criminal jus-
tice system, public and private nonprofit agen-
cies, and individuals in the prevention, inves-
tigation, prosecution, and treatment of cases in-
volving missing and exploited children; and
‘‘(G) provide assistance to families and law
enforcement agencies in locating and recovering
missing and exploited children, both nationally
and internationally.
‘‘(2) AUTHORIZATION
OF
APPROPRIATIONS.—
There is authorized to be appropriated to the Ad-
ministrator 
to 
carry 
out 
this 
subsection,
$10,000,000 for each of fiscal years 2000, 2001,
2002, and 2003.
‘‘(c) NATIONAL INCIDENCE STUDIES.—The Adminis-
trator, either by making grants to or entering into con-
tracts with public agencies or nonprofit private agencies,
shall—
‘‘(1) periodically conduct national incidence
studies to determine for a given year the actual
number of children reported missing each year, the
number of children who are victims of abduction by
strangers, the number of children who are the vic-
tims of parental kidnapings, and the number of chil-
dren who are recovered each year; and
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‘‘(2) provide to State and local governments,
public and private nonprofit agencies, and individ-
uals information to facilitate the lawful use of school
records and birth certificates to identify and locate
missing children.’’.
(d) NATIONAL CENTER
FOR MISSING
AND EX-
PLOITED CHILDREN.—Section 405(a) of the Missing Chil-
dren’s Assistance Act (42 U.S.C. 5775(a)) is amended by
inserting ‘‘the Center and with’’ before ‘‘public agencies’’.
(e) AUTHORIZATION OF APPROPRIATIONS.—Section
408 of the Missing Children’s Assistance Act (42 U.S.C.
5777) is amended by striking ‘‘1997 through 2001’’ and
inserting ‘‘2000 through 2003’’.
Subtitle E—Studies and
Evaluations
SEC. 1361. STUDY OF SCHOOL VIOLENCE.
(a) CONTRACT FOR STUDY.—Not later than 60 days
after the date of the enactment of this Act, the Secretary
of Education shall enter into a contract with the National
Academy of Sciences for the purposes of conducting a
study regarding the antecedents of school violence in
urban, suburban, and rural schools, including the inci-
dents of school violence that occurred in Pearl, Mis-
sissippi; 
Paducah, 
Kentucky; 
Jonesboro, 
Arkansas;
Springfield, Oregon; Edinboro, Pennsylvania; Fayetteville,
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Tennessee; Littleton, Colorado; and Conyers, Georgia.
Under the terms of such contract, the National Academy
of Sciences shall appoint a panel that will—
(1) review the relevant research about adoles-
cent violence in general and school violence in par-
ticular, including the existing longitudinal and cross-
sectional studies on youth that are relevant to exam-
ining violent behavior;
(2) relate what can be learned from past and
current research and surveys to specific incidents of
school shootings;
(3) interview relevant individuals, if possible,
such as the perpetrators of such incidents, their
families, their friends, their teachers, mental health
providers, and others; and
(4) give particular attention to such issues as—
(A) the perpetrators’ early development,
the relationship with their families, community
and school experiences, and utilization of men-
tal health services;
(B) the relationship between perpetrators
and their victims;
(C) how the perpetrators gained access to
firearms;
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(D) the impact of cultural influences and
exposure to the media, video games, and the
Internet; and
(E) such other issues as the panel deems
important or relevant to the purpose of the
study.
The National Academy of Sciences shall utilize profes-
sionals with expertise in such issues, including psychia-
trists, social workers, behavioral and social scientists,
practitioners, epidemiologists, statisticians, and meth-
odologists.
(b) REPORT.—The National Academy of Sciences
shall submit a report containing the results of the study
required by subsection (a), to the Speaker of the House
of Representatives, the President pro tempore of the Sen-
ate, the Chair and ranking minority Member of the Com-
mittee on Education and the Workforce of the House of
Representatives, and the Chair and ranking minority
Member of the Committee on Health, Education, Labor,
and Pensions of the Senate, not later than January 1,
2001, or 18 months after entering into the contract re-
quired by such subsection, whichever is earlier.
(c) APPROPRIATION.—Of the funds made available
under Public Law 105–277 for the Department of Edu-
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cation, $2.1 million shall be made available to carry out
this section.
SEC. 1362. STUDY OF THE MENTAL HEALTH NEEDS OF JU-
VENILES IN SECURE OR NONSECURE PLACE-
MENTS IN THE JUVENILE JUSTICE SYSTEM.
(a) STUDY.—The Administrator of the Office of Ju-
venile Crime Control and Delinquency Prevention, in col-
laboration with the National Institute of Mental Health,
shall conduct a study that includes, but is not limited to,
all of the following:
(1) Identification of the scope and nature of the
mental health problems or disorders of—
(A) juveniles who are alleged to be or adju-
dicated delinquent and who, as a result of such
status, have been placed in secure detention or
confinement or in nonsecure residential place-
ments; and
(B) juveniles on probation after having
been adjudicated delinquent and having received
a disposition as delinquent.
(2) A comprehensive survey of the types of
mental health services that are currently being pro-
vided to such juveniles by States and units of local
government.
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(3) Identification of governmental entities that
have developed or implemented model or promising
screening, assessment, or treatment programs or in-
novative mental health delivery or coordination sys-
tems, that address and meet the mental health needs
of such juveniles.
(4) A review of the literature that analyzes the
mental health problems and needs of juveniles in the
juvenile justice system and that documents innova-
tive and promising models and programs that ad-
dress such needs.
(b) REPORT.—Not later than 18 months after the
date of the enactment of this Act, the Administrator shall
submit to the Congress, and broadly disseminate to indi-
viduals and entities engaged in fields that provide services
for the benefit of juveniles or that make policy relating
to juveniles, a report containing the results of the study
conducted under subsection (a) and documentation identi-
fying promising or innovative models or programs referred
to in such subsection.
SEC. 1363. EVALUATION BY GENERAL ACCOUNTING OF-
FICE.
(a) EVALUATION.—Not later than October 1, 2002,
the Comptroller General of the United States shall con-
duct a comprehensive analysis and evaluation regarding
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the performance of the Office of Juvenile Justice Delin-
quency and Prevention, its functions, its programs, and
its grants under specified criteria, and shall submit the
report required by subsection (b). In conducting the anal-
ysis and evaluation, the Comptroller General shall take
into consideration the following factors to document the
efficiency and public benefit of the Juvenile Justice and
Delinquency Prevention Act of 1974 (42 U.S.C. 5601 et
seq.), excluding the Runaway and Homeless Youth Act
(42 U.S.C. 5701 et seq.) and the Missing Children’s As-
sistance Act (42 U.S.C. 5771 et seq.):
(1) The extent to which the agency has com-
plied with the provisions contained in the Govern-
ment Performance and Results Act of 1993 (Public
Law 103–62; 107 Stat. 285).
(2) The outcome and results of the programs
carried out by the Office of Juvenile Justice and De-
linquency 
Prevention 
and 
those 
administered
through grants by Office of Juvenile Justice and De-
linquency Prevention.
(3) Whether the agency has acted outside the
scope of its original authority, and whether the origi-
nal objectives of the agency have been achieved.
(4) Whether less restrictive or alternative meth-
ods exists to carry out the functions of the agency.
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Whether present functions or operations are im-
peded or enhanced by existing, statutes, rules, and
procedures.
(5) The extent to which the jurisdiction of, and
the programs administered by, the agency duplicate
or conflict with the jurisdiction and programs of
other agencies.
(6) The potential benefits of consolidating pro-
grams administered by the agency with similar or
duplicative programs of other agencies, and the po-
tential for consolidating such programs.
(7) The number and types of beneficiaries or
persons served by programs carried out under the
Act.
(8) The extent to which any trends, develop-
ments, or emerging conditions that are likely to af-
fect the future nature and the extent of the prob-
lems or needs the programs carried out by the Act
are intended to address.
(9) The manner with which the agency seeks
public input and input from State and local govern-
ments on the performance of the functions of the
agency.
(10) Whether the agency has worked to enact
changes in the law intended to benefit the public as
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a whole rather than the specific businesses, institu-
tions, or individuals the agency regulates or funds.
(11) The extent to which the agency grants
have encouraged participation by the public as a
whole in making its rules and decisions rather than
encouraging participation solely by those it regu-
lates.
(12) The extent to which the agency complies
with section 552 of title 5, United States Code (com-
monly known as the ‘‘Freedom of Information Act’’).
(13) The impact of any regulatory, privacy, and
paperwork concerns resulting from the programs
carried out by the agency.
(14) The extent to which the agency has coordi-
nated with state and local governments in per-
forming the functions of the agency.
(15) The extent to which changes are necessary
in the authorizing statutes of the agency in order
that the functions of the agency can be performed
in a more efficient and effective manner.
(16) Whether greater oversight is needed of
programs developed with grants made by the Office
of Juvenile Justice and Delinquency Prevention.
(b) REPORT.—The report required by subsection (a)
shall—
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(1) include recommendations for legislative
changes, as appropriate, based on the evaluation
conducted under subsection (a), to be made to the
Juvenile Justice and Delinquency Prevention Act of
1974 (42 U.S.C. 5601 et seq.), excluding the Run-
away and Homeless Youth Act (42 U.S.C. 5701 et
seq.) and the Missing Children’s Assistance Act (42
U.S.C. 5771 et seq.); and
(2) shall be submitted, together with supporting
materials, to the Speaker of the House of Represent-
atives and the President pro tempore of the Senate,
and made available to the public.
SEC. 1364. GENERAL ACCOUNTING OFFICE REPORT.
Not later than 1 year after the date of the enactment
of this Act, the General Accounting Office shall transmit
to Congress a report containing the following:
(1) For each State, a description of the types
of after-school programs that are available for stu-
dents in kindergarten through grade 12, including
programs sponsored by the Boys and Girls Clubs of
America, the Boy Scouts of America, the Girl Scouts
of America, YMCAs, and athletic and other pro-
grams operated by public schools and other State
and local agencies.
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(2) For 15 communities selected to represent a
variety of regional, population, and demographic
profiles, a detailed analysis of all of the after-school
programs that are available for students in kinder-
garten through grade 12, including programs spon-
sored by the Boys and Girls Clubs of America, the
Boy Scouts of America, the Girl Scouts of America,
YMCAs, mentoring programs, athletic programs,
and programs operated by public schools, churches,
day care centers, parks, recreation centers, family
day care, community organizations, law enforcement
agencies, service providers, and for-profit and non-
profit organizations.
(3) For each State, a description of significant
areas of unmet need in the quality and availability
of after-school programs.
(4) For each State, a description of barriers
which prevent or deter the participation of children
in after-school programs.
(5) For each State, a description of barriers to
improving the quality and availability of after-school
programs.
(6) A list of activities, other than after-school
programs, in which students in kindergarten through
grade 12 participate when not in school, including
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jobs, volunteer opportunities, and other non-school
affiliated programs.
(7) An analysis of the value of the activities
listed pursuant to paragraph (6) to the well-being
and educational development of students in kinder-
garten through grade 12.
SEC. 1365. BEHAVIORAL AND SOCIAL SCIENCE RESEARCH
ON YOUTH VIOLENCE.
(a) NIH RESEARCH.—The National Institutes of
Health, acting through the Office of Behavioral and Social
Sciences Research, shall carry out a coordinated, multi-
year course of behavioral and social science research on
the causes and prevention of youth violence.
(b) NATURE OF RESEARCH.—Funds made available
to the National Institutes of Health pursuant to this sec-
tion shall be utilized to conduct, support, coordinate, and
disseminate basic and applied behavioral and social science
research with respect to youth violence, including research
on one or more of the following subjects:
(1) The etiology of youth violence.
(2) Risk factors for youth violence.
(3) Childhood precursors to antisocial violent
behavior.
(4) The role of peer pressure in inciting youth
violence.
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(5) The processes by which children develop
patterns of thought and behavior, including beliefs
about the value of human life.
(6) Science-based strategies for preventing
youth violence, including school and community-
based programs.
(7) Other subjects that the Director of the Of-
fice of Behavioral and Social Sciences Research
deems appropriate.
(c) ROLE OF THE OFFICE OF BEHAVIORAL AND SO-
CIAL SCIENCES RESEARCH.—Pursuant to this section and
section 404A of the Public Health Service Act (42 U.S.C.
283c), the Director of the Office of Behavioral and Social
Sciences Research shall—
(1) coordinate research on youth violence con-
ducted or supported by the agencies of the National
Institutes of Health;
(2) identify youth violence research projects
that should be conducted or supported by the re-
search institutes, and develop such projects in co-
operation with such institutes and in consultation
with State and Federal law enforcement agencies;
(3) take steps to further cooperation and col-
laboration between the National Institutes of Health
and the Centers for Disease Control and Prevention,
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the Substance Abuse and Mental Health Services
Administration, the agencies of the Department of
Justice, and other governmental and nongovern-
mental agencies with respect to youth violence re-
search conducted or supported by such agencies;
(4) establish a clearinghouse for information
about youth violence research conducted by govern-
mental and nongovernmental entities; and
(5) periodically report to Congress on the state
of youth violence research and make recommenda-
tions to Congress regarding such research.
(d) FUNDING.—There is authorized to be appro-
priated, $5,000,000 for each of fiscal years 2000 through
2004 to carry out this section. If amount are not sepa-
rately appropriated to carry out this section, the Director
of the National Institutes of Health shall carry out this
section using funds appropriated generally to the National
Institutes of Health, except that funds expended for under
this section shall supplement and not supplant existing
funding for behavioral research activities at the National
Institutes of Health.
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Subtitle F—General Provisions
SEC. 1371. EFFECTIVE DATE; APPLICATION OF AMEND-
MENTS.
(a) EFFECTIVE DATE.—Except as provided in sub-
section (b), this title and the amendments made by this
title shall take effect on the date of the enactment of this
Act.
(b) APPLICATION OF AMENDMENTS.—The amend-
ments made by this title shall apply only with respect to
fiscal years beginning after September 30, 1999.
TITLE XIV—CHILDREN’S
INTERNET PROTECTION
SEC. 1401. SHORT TITLE.
This title may be cited as the ‘‘Children’s Internet
Protection Act’’.
SEC. 1402. NO UNIVERSAL SERVICE FOR SCHOOLS OR LI-
BRARIES THAT FAIL TO IMPLEMENT A FIL-
TERING OR BLOCKING TECHNOLOGY FOR
COMPUTERS WITH INTERNET ACCESS.
(a) IN GENERAL.—Section 254 of the Communica-
tions Act of 1934 (47 U.S.C. 254) is amended by adding
at the end thereof the following:
‘‘(l) IMPLEMENTATION OF AN INTERNET FILTERING
OR BLOCKING TECHNOLOGY.—
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‘‘(1) IN GENERAL.—An elementary school, sec-
ondary school, or library that fails to provide the
certification required by paragraph (2) or (3), re-
spectively, is not eligible to receive or retain uni-
versal service assistance provided under subsection
(h)(1)(B).
‘‘(2) CERTIFICATION FOR SCHOOLS.—To be eli-
gible to receive universal service assistance under
subsection (h)(1)(B), an elementary or secondary
school shall certify to the Commission that it has—
‘‘(A) selected a technology for computers
with Internet access to filter or block—
‘‘(i) child pornographic materials,
which shall have the meaning of that term
as used in sections 2252, 2252A, 2256 of
title 18, United States Code;
‘‘(ii) obscene materials, which shall
have the meaning of that term as used in
section 1460 of title 18, United States
Code; and
‘‘(iii) during use by minors, materials
deemed to be harmful to minors, which
shall have the meaning of that term as
used in section 231 of the Communications
Act of 1934 (47 U.S.C. 231); and
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‘‘(B) installed, or will install, and uses or
will use, as soon as it obtains computers with
Internet access, a technology to filter or block
such material.
‘‘(3) CERTIFICATION
FOR
LIBRARIES.—To be
eligible to receive universal service assistance under
subsection (h)(1)(B),a library shall certify to the
Commission that it has—
‘‘(A) selected a technology for computers
with Internet access to filter or block—
‘‘(i) child pornographic materials,
which shall have the meaning of that term
as used in sections 2252, 2252A, 2256 of
title 18, United States Code;
‘‘(ii) obscene materials, which shall
have the meaning of that term as used in
section 1460 of title 18, United States
Code; and
‘‘(iii) during use by minors, materials
deemed to be harmful to minors, which
shall have the meaning of that term as
used in section 231 of the Communications
Act of 1934 (47 U.S.C. 231); and
‘‘(B) installed, or will install, and uses or
will use, as soon as it obtains computers with
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Internet access, a technology to filter or block
such material.
‘‘(4) TIME
FOR
CERTIFICATION.—The certifi-
cation required by paragraph (2) or (3) shall be
made within 30 days of the date that rules are pro-
mulgated by the Federal Communications Commis-
sion, or, if later, within 10 days of the date on which
any computer with access to the Internet is first
made available in the school or library for its in-
tended use.
‘‘(5) NOTIFICATION
OF
CESSATION; 
ADDI-
TIONAL INTERNET-ACCESSING COMPUTER.—
‘‘(A) CESSATION.—A school or library that
has filed the certification required by paragraph
(3)(A) shall notify the Commission within 10
days after the date on which it ceases to use
the filtering or blocking technology to which the
certification related.
‘‘(B) ADDITIONAL
INTERNET-ACCESSING
COMPUTER.—A school or library that has filed
the certification required by paragraph (3)(B)
that adds another computer with Internet ac-
cess intended for use by the public (including
minors) shall make the certification required by
paragraph (3)(A) within 10 days after that
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computer is made available for use by the pub-
lic.
‘‘(6) POSTING OF NOTICE.—A school or library
that has filed a certification under paragraph (2) or
(3) shall post within view of the computers which
are the subject of that certification a notice that
contains—
‘‘(A) a copy of the filter or block certifi-
cation;
‘‘(B) a statement of such school’s or li-
brary’s filtering or block policy; and
‘‘(C) information on the specific block
technology in use.
‘‘(7) PENALTY FOR FAILURE TO COMPLY.—A
school or library that fails to meet the requirements
of this subsection is liable to repay immediately the
full amount of all universal service assistance the
school or library received under subsection (h)(1)(B)
after the date the failure began.
‘‘(8) LOCAL DETERMINATION OF MATERIAL TO
BE FILTERED.—For purposes of paragraphs (2) and
(3), the determination of what material is to be
deemed harmful to minors shall be made by the
school, school board, library or other authority re-
sponsible for making the required certification. No
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agency or instrumentality of the United States Gov-
ernment may—
‘‘(A) establish criteria for making that de-
termination;
‘‘(B) review the determination made by the
certifying school, school board, library, or other
authority; or
‘‘(C) consider the criteria employed by the
certifying school, school board, library, or other
authority in the administration of subsection
(h)(1)(B).
‘‘(9) NO
PREEMTION
OR
OTHER
EFFECT.—
Nothing in this subsection shall be construed—
‘‘(A) to preempt, supersede, or limit any
requirements that imposed by a school or li-
brary, or by a political authority for a school or
library, that are more stringent than the re-
quirements of this subsection; or
‘‘(B) to supersede or limit otherwise appli-
cable Federal or State child pornography or ob-
scenity laws.’’.
(b) CONFORMING CHANGE.—Section 254(h)(1)(B) of
the 
Communications 
Act 
of 
1934 
(47 
U.S.C.
254(h)(1)(B)) is amended by striking ‘‘All telecommuni-
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cations’’ and inserting ‘‘Except as provided by subsection
(l), all telecommunications’’.
SEC. 1403. FEDERAL COMMUNICATIONS COMMISSION TO
ADOPT RULES WITHIN 4 MONTHS.
The Federal Communications Commission shall
adopt rules implementing section 254(l) of the Commu-
nications Act of 1934 (as added by this Act) within 120
days after the date of the enactment of this Act.
TITLE XV—TEACHER LIABILITY
PROTECTION
SEC. 1501. SHORT TITLE.
This title may be cited as the ‘‘Teacher Liability Pro-
tection Act of 1999’’.
SEC. 1502. FINDINGS AND PURPOSE.
(a) FINDINGS.—Congress makes the following find-
ings:
(1) The ability of teachers, principals and other
school professionals to teach, inspire and shape the
intellect of our Nation’s elementary and secondary
school students is deterred and hindered by frivolous
lawsuits and litigation.
(2) Each year more and more teachers, prin-
cipals and other school professionals face lawsuits
for actions undertaken as part of their duties to pro-
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vide millions of school children quality educational
opportunities.
(3) Too many teachers, principals and other
school professionals face increasingly severe and ran-
dom acts of violence in the classroom and in schools.
(4) Providing teachers, principals and other
school professionals a safe and secure environment is
an important part of the effort to improve and ex-
pand educational opportunities.
(5) Clarifying and limiting the liability of teach-
ers, principals and other school professionals who
undertake reasonable actions to maintain order, dis-
cipline and an appropriate educational environment
is an appropriate subject of Federal legislation
because—
(A) the scope of the problems created by
the legitimate fears of teachers, principals and
other school professionals about frivolous, arbi-
trary or capricious lawsuits against teachers is
of national importance; and
(B) millions of children and their families
across the Nation depend on teachers, prin-
cipals and other school professionals for the in-
tellectual development of children.
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(b) PURPOSE.—The purpose of this title is to provide
teachers, principals and other school professionals the
tools they need to undertake reasonable actions to main-
tain order, discipline and an appropriate educational envi-
ronment.
SEC. 1503. PREEMPTION AND ELECTION OF STATE NON-
APPLICABILITY.
(a) PREEMPTION.—This title preempts the laws of
any State to the extent that such laws are inconsistent
with this title, except that this title shall not preempt any
State law that provides additional protection from liability
relating to teachers.
(b) ELECTION OF STATE REGARDING NONAPPLICA-
BILITY.—This title shall not apply to any civil action in
a State court against a teacher in which all parties are
citizens of the State if such State enacts a statute in ac-
cordance 
with 
State 
requirements 
for 
enacting
legislation—
(1) citing the authority of this subsection;
(2) declaring the election of such State that this
title shall not apply, as of a date certain, to such
civil action in the State; and
(3) containing no other provisions.
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SEC. 1504. LIMITATION ON LIABILITY FOR TEACHERS.
(a) LIABILITY PROTECTION FOR TEACHERS.—Ex-
cept as provided in subsections (b) and (c), no teacher in
a school shall be liable for harm caused by an act or omis-
sion of the teacher on behalf of the school if—
(1) the teacher was acting within the scope of
the teacher’s employment or responsibilities related
to providing educational services;
(2) the actions of the teacher were carried out
in conformity with local, state, or federal laws, rules
or regulations in furtherance of efforts to control,
discipline, expel, or suspend a student or maintain
order or control in the classroom or school;
(3) if appropriate or required, the teacher was
properly licensed, certified, or authorized by the ap-
propriate authorities for the activities or practice in
the State in which the harm occurred, where the ac-
tivities were or practice was undertaken within the
scope of the teacher’s responsibilities;
(4) the harm was not caused by willful or crimi-
nal misconduct, gross negligence, reckless mis-
conduct, or a conscious, flagrant indifference to the
rights or safety of the individual harmed by the
teacher; and
(5) the harm was not caused by the teacher op-
erating a motor vehicle, vessel, aircraft, or other ve-
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hicle for which the State requires the operator or the
owner of the vehicle, craft, or vessel to—
(A) possess an operator’s license; or
(B) maintain insurance.
(b) CONCERNING RESPONSIBILITY OF TEACHERS TO
SCHOOLS AND GOVERNMENTAL ENTITIES.—Nothing in
this section shall be construed to affect any civil action
brought by any school or any governmental entity against
any teacher of such school.
(c) EXCEPTIONS TO TEACHER LIABILITY PROTEC-
TION.—If the laws of a State limit teacher liability subject
to one or more of the following conditions, such conditions
shall not be construed as inconsistent with this section:
(1) A State law that requires a school or gov-
ernmental entity to adhere to risk management pro-
cedures, including mandatory training of teachers.
(2) A State law that makes the school or gov-
ernmental entity liable for the acts or omissions of
its teachers to the same extent as an employer is lia-
ble for the acts or omissions of its employees.
(3) A State law that makes a limitation of li-
ability inapplicable if the civil action was brought by
an officer of a State or local government pursuant
to State or local law.
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HR 1501 PCS
(d) LIMITATION ON PUNITIVE DAMAGES BASED ON
THE ACTIONS OF TEACHERS.—
(1) GENERAL
RULE.—Punitive damages may
not be awarded against a teacher in an action
brought for harm based on the action of a teacher
acting within the scope of the teacher’s responsibil-
ities to a school or governmental entity unless the
claimant establishes by clear and convincing evidence
that the harm was proximately caused by an action
of such teacher which constitutes willful or criminal
misconduct, or a conscious, flagrant indifference to
the rights or safety of the individual harmed.
(2) CONSTRUCTION.—Paragraph (1) does not
create a cause of action for punitive damages and
does not preempt or supersede any Federal or State
law to the extent that such law would further limit
the award of punitive damages.
(e) EXCEPTIONS TO LIMITATIONS ON LIABILITY.—
(1) IN GENERAL.—The limitations on the liabil-
ity of a teacher under this title shall not apply to
any misconduct that—
(A) constitutes a crime of violence (as that
term is defined in section 16 of title 18, United
States Code) or act of international terrorism
(as that term is defined in section 2331 of title