[Pages S6085-S6153]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
VIOLENT AND REPEAT JUVENILE ACCOUNTABILITY AND REHABILITATION ACT OF
1999
On May 20, 1999, the Senate passed S. 254, the Violent and Repeat
Juvenile Accountability and Rehabilitation Act of 1999. The text of the
bill follows:
S. 254
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Violent
and Repeat Juvenile Offender Accountability and
Rehabilitation Act of 1999''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Severability.
TITLE I--JUVENILE JUSTICE REFORM
Sec. 101. Surrender to State authorities.
Sec. 102. Treatment of Federal juvenile offenders.
Sec. 103. Definitions.
Sec. 104. Notification after arrest.
Sec. 105. Release and detention prior to disposition.
Sec. 106. Speedy trial.
Sec. 107. Dispositional hearings.
Sec. 108. Use of juvenile records.
Sec. 109. Implementation of a sentence for juvenile offenders.
Sec. 110. Magistrate judge authority regarding juvenile defendants.
Sec. 111. Federal sentencing guidelines.
Sec. 112. Study and report on Indian tribal jurisdiction.
TITLE II--JUVENILE GANGS
Sec. 201. Solicitation or recruitment of persons in criminal street
gang activity.
Sec. 202. Increased penalties for using minors to distribute drugs.
Sec. 203. Penalties for use of minors in crimes of violence.
Sec. 204. Criminal street gangs.
Sec. 205. High intensity interstate gang activity areas.
Sec. 206. Increasing the penalty for using physical force to tamper
with witnesses, victims, or informants.
Sec. 207. Authority to make grants to prosecutors' offices to combat
gang crime and youth violence.
Sec. 208. Increase in offense level for participation in crime as a
gang member.
Sec. 209. Interstate and foreign travel or transportation in aid of
criminal gangs.
Sec. 210. Prohibitions relating to firearms.
Sec. 211. Clone pagers.
TITLE III--JUVENILE CRIME CONTROL, ACCOUNTABILITY, AND DELINQUENCY
PREVENTION
Subtitle A--Reform of the Juvenile Justice and Delinquency Prevention
Act of 1974
Sec. 301. Findings; declaration of purpose; definitions.
Sec. 302. Juvenile crime control and prevention.
Sec. 303. Runaway and homeless youth.
Sec. 304. National Center for Missing and Exploited Children.
Sec. 305. Transfer of functions and savings provisions.
Subtitle B--Accountability for Juvenile Offenders and Public Protection
Incentive Grants
Sec. 321. Block grant program.
Sec. 322. Pilot program to promote replication of recent successful
juvenile crime reduction strategies.
Sec. 323. Repeal of unnecessary and duplicative programs.
Sec. 324. Extension of Violent Crime Reduction Trust Fund.
Sec. 325. Reimbursement of States for costs of incarcerating juvenile
aliens.
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Subtitle C--Alternative Education and Delinquency Prevention
Sec. 331. Alternative education.
Subtitle D--Parenting as Prevention
Sec. 341. Short title.
Sec. 342. Establishment of program.
Sec. 343. National Parenting Support and Education Commission.
Sec. 344. State and local parenting support and education grant
program.
Sec. 345. Grants to address the problem of violence related stress to
parents and children.
TITLE IV--VOLUNTARY MEDIA AGREEMENTS FOR CHILDREN'S PROTECTION
Subtitle A--Children and the Media.
Sec. 401. Short title.
Sec. 402. Findings.
Sec. 403. Purposes; construction.
Sec. 404. Exemption of voluntary agreements on guidelines for certain
entertainment material from applicability of antitrust
laws.
Sec. 405. Exemption of activities to ensure compliance with ratings and
labeling systems from applicability of antitrust laws.
Sec. 406. Definitions.
Subtitle B--Other Matters.
Sec. 411. Study of marketing practices of motion picture, recording,
and video/personal computer game industries.
TITLE V--GENERAL FIREARM PROVISIONS
Sec. 501. Special licensees; special registrations.
Sec. 502. Clarification of authority to conduct firearm transactions at
gun shows.
Sec. 503. ``Instant check'' gun tax and gun owner privacy.
Sec. 504. Effective date.
TITLE VI--RESTRICTING JUVENILE ACCESS TO CERTAIN FIREARMS
Sec. 601. Penalties for unlawful acts by juveniles.
Sec. 602. Effective date.
TITLE VII--ASSAULT WEAPONS
Sec. 701. Short title.
Sec. 702. Ban on importing large capacity ammunition feeding devices.
Sec. 703. Definition of large capacity ammunition feeding device.
Sec. 704. Effective date.
TITLE VIII--EFFECTIVE GUN LAW ENFORCEMENT
Subtitle A--Criminal Use of Firearms by Felons
Sec. 801. Short title.
Sec. 802. Findings.
Sec. 803. Criminal Use of Firearms by Felons Program.
Sec. 804. Annual reports.
Sec. 805. Authorization of appropriations.
Subtitle B--Apprehension and Treatment of Armed Violent Criminals
Sec. 811. Apprehension and procedural treatment of armed violent
criminals.
Subtitle C--Youth Crime Gun Interdiction
Sec. 821. Youth crime gun interdiction initiative.
Subtitle D--Gun Prosecution Data
Sec. 831. Collection of gun prosecution data.
Subtitle E--Firearms Possession by Violent Juvenile Offenders
Sec. 841. Prohibition on firearms possession by violent juvenile
offenders.
Subtitle F--Juvenile Access to Certain Firearms
Sec. 851. Penalties for firearm violations involving juveniles.
Subtitle G--General Firearm Provisions
Sec. 861. National instant criminal background check system
improvements.
TITLE IX--ENHANCED PENALTIES
Sec. 901. Straw purchases.
Sec. 902. Stolen firearms.
Sec. 903. Increase in penalties for crimes involving firearms.
Sec. 904. Increased penalties for distributing drugs to minors.
Sec. 905. Increased penalty for drug trafficking in or near a school or
other protected location.
TITLE X--CHILD HANDGUN SAFETY
Sec. 1001. Short title.
Sec. 1002. Purposes.
Sec. 1003. Firearms safety.
Sec. 1004. Effective date.
TITLE XI--SCHOOL SAFETY AND VIOLENCE PREVENTION
Sec. 1101. School safety and violence prevention.
Sec. 1102. Study.
Sec. 1103. School uniforms.
Sec. 1104. Transfer of school disciplinary records.
Sec. 1105. School violence research.
Sec. 1106. National character achievement award.
Sec. 1107. National Commission on Character Development.
Sec. 1108. Juvenile access to treatment.
Sec. 1109. Background checks.
Sec. 1110. Drug tests.
Sec. 1111. Sense of the Senate.
TITLE XII--TEACHER LIABILITY PROTECTION ACT
Sec. 1201. Short title.
Sec. 1202. Findings and purpose.
Sec. 1203. Preemption and election of State nonapplicability.
Sec. 1204. Limitation on liability for teachers.
Sec. 1205. Liability for noneconomic loss.
Sec. 1206. Definitions.
Sec. 1207. Effective date.
TITLE XIII--VIOLENCE PREVENTION TRAINING FOR EARLY CHILDHOOD EDUCATORS
Sec. 1301. Short title.
Sec. 1302. Purpose.
Sec. 1303. Findings.
Sec. 1304. Definitions.
Sec. 1305. Program authorized.
Sec. 1306. Application.
Sec. 1307. Selection priorities.
Sec. 1308. Authorization of appropriations.
TITLE XIV--PREVENTING JUVENILE DELINQUENCY THROUGH CHARACTER EDUCATION
Sec. 1401. Purpose.
Sec. 1402. Authorization of appropriations.
Sec. 1403. School-based programs.
Sec. 1404. After school programs.
Sec. 1405. General provisions.
TITLE XV--VIOLENT OFFENDER DNA IDENTIFICATION ACT OF 1999
Sec. 1501. Short title.
Sec. 1502. Elimination of convicted offender DNA backlog.
Sec. 1503. DNA identification of Federal, District of Columbia, and
military violent offenders.
TITLE XVI--MISCELLANEOUS PROVISIONS
Subtitle A--General Provisions
Sec. 1601. Prohibition on firearms possession by violent juvenile
offenders.
Sec. 1602. Safe students.
Sec. 1603. Study of marketing practices of the firearms industry.
Sec. 1604. Provision of Internet filtering or screening software by
certain Internet service providers.
Sec. 1605. Application of section 923 (j) and (m).
Sec. 1606. Constitutionality of memorial services and memorials at
public schools.
Sec. 1607. Twenty-first Amendment enforcement.
Sec. 1608. Interstate shipment and delivery of intoxicating liquors.
Sec. 1609. Disclaimer on materials produced, procured or distributed
from funding authorized by this Act.
Sec. 1610. Aimee's Law.
Sec. 1611. Drug tests and locker inspections.
Sec. 1612. Waiver for local match requirement under community policing
program.
Sec. 1613. Carjacking offenses.
Sec. 1614. Special forfeiture of collateral profits of crime.
Sec. 1615. Caller identification services to elementary and secondary
schools as part of universal service obligation.
Sec. 1616. Parent leadership model.
Sec. 1617. National media campaign against violence.
Sec. 1618. Victims of terrorism.
Sec. 1619. Truth-in-sentencing incentive grants.
Sec. 1620. Application of provision relating to a sentence of death for
an act of animal enterprise terrorism.
Sec. 1621. Prohibitions relating to explosive materials.
Sec. 1622. District judges for districts in the States of Arizona,
Florida, and Nevada.
Sec. 1623. Behavioral and social science research on youth violence.
Sec. 1624. Sense of the Senate regarding mentoring programs.
Sec. 1625. Families and Schools Together program.
Sec. 1626. Amendments relating to violent crime in Indian country and
areas of exclusive Federal jurisdiction.
Sec. 1627. Federal Judiciary Protection Act of 1999.
Sec. 1628. Local enforcement of local alcohol prohibitions that reduce
juvenile crime in remote Alaska villages.
Sec. 1629. Rule of Construction.
Sec. 1630. Bounty hunter accountability and quality assistance.
Sec. 1631. Assistance for unincorporated neighborhood watch programs.
Sec. 1632. Findings and sense of Congress.
Sec. 1633. Prohibition on promoting violence on Federal property.
Sec. 1634. Provisions relating to pawn shops and special licensees.
Sec. 1635. Extension of Brady background checks to gun shows.
Sec. 1636. Appropriate interventions and services; clarification of
Federal law.
Sec. 1637. Safe schools.
Sec. 1638. School counseling.
Sec. 1639. Criminal prohibition on distribution of certain information
relating to explosives, destructive devices, and weapons
of mass destruction.
Subtitle B--James Guelff Body Armor Act
Sec. 1641. Short title.
Sec. 1642. Findings.
Sec. 1643. Definitions.
Sec. 1644. Amendment of sentencing guidelines with respect to body
armor.
Sec. 1645. Prohibition of purchase, use, or possession of body armor by
violent felons.
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Sec. 1646. Donation of Federal surplus body armor to State and local
law enforcement agencies.
Sec. 1647. Additional findings; purpose.
Sec. 1648. Matching grant programs for law enforcement bullet resistant
equipment and for video cameras.
Sec. 1649. Sense of Congress.
Sec. 1650. Technology development.
Sec. 1651. Matching grant program for law enforcement armor vests.
Subtitle C--Animal Enterprise Terrorism and Ecoterrorism
Sec. 1652. Enhancement of penalties for animal enterprise terrorism.
Sec. 1653. National animal terrorism and ecoterrorism incident
clearinghouse.
Subtitle D--Jail-Based Substance Abuse
Sec. 1654. Jail-based substance abuse treatment programs.
Subtitle E--Safe School Security
Sec. 1655. Short title.
Sec. 1656. Establishment of School Security Technology Center.
Sec. 1657. Grants for local school security programs.
Sec. 1658. Safe and secure school advisory report.
Subtitle F--Internet Prohibitions
Sec. 1661. Short title.
Sec. 1662. Findings; purpose.
Sec. 1663. Prohibitions on uses of the Internet.
Sec. 1664. Effective date.
Subtitle G--Partnerships for High-Risk Youth
Sec. 1671. Short title.
Sec. 1672. Findings.
Sec. 1673. Purposes.
Sec. 1674. Establishment of demonstration project.
Sec. 1675. Eligibility.
Sec. 1676. Uses of funds.
Sec. 1677. Authorization of appropriations.
Subtitle H--National Youth Crime Prevention
Sec. 1681. Short title.
Sec. 1682. Purposes.
Sec. 1683. Establishment of National Youth Crime Prevention
Demonstration Project.
Sec. 1684. Eligibility.
Sec. 1685. Uses of funds.
Sec. 1686. Reports.
Sec. 1687. Definitions.
Sec. 1688. Authorization of appropriations.
Subtitle I--National Youth Violence Commission
Sec. 1691. Short title.
Sec. 1692. National Youth Violence Commission.
Sec. 1693. Duties of the Commission.
Sec. 1694. Powers of the Commission.
Sec. 1695. Commission personnel matters.
Sec. 1696. Authorization of appropriations.
Sec. 1697. Termination of the Commission.
Subtitle J--School Safety
Sec. 1698. Short title.
Sec. 1699. Amendments to the Individuals with Disabilities Education
Act.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) at the outset of the 20th century, the States adopted a
separate justice system for juvenile offenders;
(2) violent crimes committed by juveniles, such as
homicide, rape, and robbery, were an unknown phenomenon then,
but the rate at which juveniles commit such crimes has
escalated astronomically since that time;
(3) in 1994--
(A) the number of persons arrested overall for murder in
the United States decreased by 5.8 percent, but the number of
persons who are less than 15 years of age arrested for murder
increased by 4 percent; and
(B) the number of persons arrested for all violent crimes
increased by 1.3 percent, but the number of persons who are
less than 15 years of age arrested for violent crimes
increased by 9.2 percent, and the number of persons less than
18 years of age arrested for such crimes increased by 6.5
percent;
(4) from 1985 to 1996, the number of persons arrested for
all violent crimes increased by 52.3 percent, but the number
of persons under age 18 arrested for violent crimes rose by
75 percent;
(5) the number of juvenile offenders is expected to undergo
a massive increase during the first 2 decades of the twenty-
first century, culminating in an unprecedented number of
violent offenders who are less than 18 years of age;
(6) the rehabilitative model of sentencing for juveniles,
which Congress rejected for adult offenders when Congress
enacted the Sentencing Reform Act of 1984, is inadequate and
inappropriate for dealing with many violent and repeat
juvenile offenders;
(7) the Federal Government should encourage the States to
experiment with progressive solutions to the escalating
problem of juveniles who commit violent crimes and who are
repeat offenders, including prosecuting such offenders as
adults, but should not impose specific strategies or programs
on the States;
(8) an effective strategy for reducing violent juvenile
crime requires greater collection of investigative data and
other information, such as fingerprints and DNA evidence, as
well as greater sharing of such information--
(A) among Federal, State, and local agencies, including the
courts; and
(B) among the law enforcement, educational, and social
service systems;
(9) data regarding violent juvenile offenders should be
made available to the adult criminal justice system if
recidivism by criminals is to be addressed adequately;
(10) holding juvenile proceedings in secret denies victims
of crime the opportunity to attend and be heard at such
proceedings, helps juvenile offenders to avoid accountability
for their actions, and shields juvenile proceedings from
public scrutiny and accountability;
(11) the injuries and losses suffered by the victims of
violent crime are no less painful or devastating because the
offender is a juvenile; and
(12) the prevention, investigation, prosecution,
adjudication, and punishment of criminal offenses committed
by juveniles, and the rehabilitation and correction of
juvenile offenders are, and should remain, primarily the
responsibility of the States, to be carried out without
interference from the Federal Government.
(b) Purposes.--The purposes of this Act are--
(1) to reform Federal juvenile justice programs and
policies in order to promote the emergence of juvenile
justice systems in which the paramount concerns are providing
for the safety of the public and holding juvenile wrongdoers
accountable for their actions, while providing the wrongdoer
a genuine opportunity for self-reform;
(2) to revise the procedures in Federal court that are
applicable to the prosecution of juvenile offenders; and
(3) to encourage and promote, consistent with the ideals of
federalism, adoption of policies by the States to ensure that
the victims of violent crimes committed by juveniles receive
the same level of justice as do victims of violent crimes
that are committed by adults.
SEC. 3. SEVERABILITY.
If any provision of this Act, an amendment made by this
Act, or the application of such provision or amendment to any
person or circumstance is held to be unconstitutional, the
remainder of this Act, the amendments made by this Act, and
the application of the provisions of such to any person or
circumstance shall not be affected thereby.
TITLE I--JUVENILE JUSTICE REFORM
SEC. 101. SURRENDER TO STATE AUTHORITIES.
Section 5001 of title 18, United States Code, is amended by
striking the first undesignated paragraph and inserting the
following:
``Whenever any person who is less than 18 years of age is
been arrested and charged with the commission of an offense
(or an act of delinquency that would be an offense were it
committed by an adult) punishable in any court of the United
States or of the District of Columbia, the United States
Attorney for the district in which such person has been
arrested may forego prosecution pursuant to section
5032(a)(2) if, after investigation by the United States
Attorney, it appears that--
``(1) such person has committed an act that is also an
offense or an act of delinquency under the law of any State
or the District of Columbia;
``(2) such State or the District of Columbia, as
applicable, can and will assume jurisdiction over such
juvenile and will take such juvenile into custody and deal
with the juvenile in accordance with the law of such State or
the District of Columbia, as applicable; and
``(3) it is in the best interests of the United States and
of the juvenile offender.''.
SEC. 102. TREATMENT OF FEDERAL JUVENILE OFFENDERS.
(a) In General.--Section 5032 of title 18, United States
Code, is amended to read as follows:
``Sec. 5032. Delinquency proceedings in district courts;
juveniles tried as adults; transfer for other criminal
prosecution
``(a) In General.--
``(1) Delinquency proceedings in district courts.--A
juvenile who is alleged to have committed a Federal offense
shall, except as provided in paragraph (2), be tried in the
appropriate district court of the United States--
``(A) in the case of an offense described in subsection
(c), and except as provided in subsection (i), if the
juvenile was not less than 14 years of age at the time of the
offense, as an adult at the discretion of the United States
Attorney in the appropriate jurisdiction, upon certification
by that United States Attorney (which certification shall not
be subject to review in or by any court, except as provided
in subsection (d)(2)) that--
``(i) there is a substantial Federal interest in the case
or the offense to warrant the exercise of Federal
jurisdiction; or
``(ii) the ends of justice otherwise so require;
``(B) in the case of a felony offense that is not described
in subsection (c), and except as provided in subsection (i),
if the juvenile was not less than 14 years of age at the time
of the offense, as an adult, upon certification by the
Attorney General (which certification shall not be subject to
review in or by any court, except as provided in subsection
(d)(2)) that--
``(i) there is a substantial Federal interest in the case
or the offense to warrant the exercise of Federal
jurisdiction; or
``(ii) the ends of justice otherwise so require;
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``(C) in the case of a juvenile who has, on a prior
occasion, been tried and convicted as an adult under this
section, as an adult; and
``(D) in all other cases, as a juvenile.
``(2) Referral by united states attorney; application to
concurrent jurisdiction.--
``(A) In general.--If the United States Attorney in the
appropriate jurisdiction (or in the case of an offense under
paragraph (1)(B), the Attorney General), declines prosecution
of an offense under this section, the matter may be referred
to the appropriate legal authorities of the State or Indian
tribe with jurisdiction over both the offense and the
juvenile.
``(B) Application to concurrent jurisdiction.--The United
States Attorney in the appropriate jurisdiction (or, in the
case of an offense under paragraph (1)(B), the Attorney
General), in cases in which both the Federal Government and a
State or Indian tribe have penal provisions that criminalize
the conduct at issue and both have jurisdiction over the
juvenile, shall exercise a presumption in favor of referral
pursuant to subparagraph (A), unless the United States
Attorney pursuant to paragraph (1)(A) (or the Attorney
General pursuant to paragraph (1)(B)) certifies (which
certification shall not be subject to review in or by any
court) that--
``(i) the prosecuting authority or the juvenile court or
other appropriate court of the State or Indian tribe refuses,
declines, or will refuse or will decline to assume
jurisdiction over the conduct or the juvenile; and
``(ii) there is a substantial Federal interest in the case
or the offense to warrant the exercise of Federal
jurisdiction.
``(C) Definition.--In this subsection, the term `Indian
tribe' has the meaning given the term in section 4(e) of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 450b(e)).
``(b) Joinder; Lesser Included Offenses.--In a prosecution
under this section, a juvenile may be prosecuted and
convicted as an adult for any offense that is properly joined
under the Federal Rules of Criminal Procedure with an offense
described in subsection (c), and may also be convicted of a
lesser included offense.
``(c) Offenses Described.--An offense is described in this
subsection if it is a Federal offense that--
``(1) is a serious violent felony or a serious drug offense
(as those terms are defined in section 3559(c), except that
section 3559(c)(3) does not apply to this subsection); or
``(2) is a conspiracy or an attempt to commit an offense
described in paragraph (1).
``(d) Waiver to Juvenile Status in Certain Cases;
Limitations on Judicial Review.--
``(1) In general.--Except as otherwise provided in this
subsection, a determination to approve or not to approve, or
to institute or not to institute, a prosecution under
subsection (a)(1) shall not be reviewable in any court.
``(2) Determination by court on trial as adult of certain
juvenile.--In any prosecution of a juvenile under subsection
(a)(1)(A) if the juvenile was less than 16 years of age at
the time of the offense, or under subsection (a)(1)(B), upon
motion of the defendant and after a hearing, the court in
which criminal charges have been filed shall determine
whether to issue an order to provide for the transfer of the
defendant to juvenile status for the purposes of proceeding
against the defendant or for referral under subsection (a).
``(3) Time requirements.--A motion by a defendant under
paragraph (2) shall not be considered unless that motion is
filed not later than 30 days after the date on which the
defendant--
``(A) appears through counsel to answer an indictment; or
``(B) expressly waives the right to counsel and elects to
proceed pro se.
``(4) Prohibition.--The court shall not order the transfer
of a defendant to juvenile status under paragraph (2) unless
the defendant establishes by a preponderance of the evidence
or information that removal to juvenile status would be in
the interest of justice. In making a determination under
paragraph (2), the court may consider--
``(A) the nature of the alleged offense, including the
extent to which the juvenile played a leadership role in an
organization, or otherwise influenced other persons to take
part in criminal activities;
``(B) whether prosecution of the juvenile as an adult is
necessary to protect property or public safety;
``(C) the age and social background of the juvenile;
``(D) the extent and nature of the prior criminal or
delinquency record of the juvenile;
``(E) the intellectual development and psychological
maturity of the juvenile;
``(F) the nature of any treatment efforts and the response
of the juvenile to those efforts; and
``(G) the availability of programs designed to treat any
identified behavioral problems of the juvenile.
``(5) Status of orders.--
``(A) In general.--An order of the court made in ruling on
a motion by a defendant to transfer a defendant to juvenile
status under this subsection shall not be a final order for
the purpose of enabling an appeal, except that an appeal by
the United States shall lie to a court of appeals pursuant to
section 3731 from an order of a district court removing a
defendant to juvenile status.
``(B) Appeals.--Upon receipt of a notice of appeal of an
order under this paragraph, a court of appeals shall hear and
determine the appeal on an expedited basis.
``(6) Inadmissibility of evidence.--
``(A) In general.--Except as provided in subparagraph (B),
no statement made by a defendant during or in connection with
a hearing under this subsection shall be admissible against
the defendant in any criminal prosecution.
``(B) Exceptions.--The prohibition under subparagraph (A)
shall apply, except--
``(i) for impeachment purposes; or
``(ii) in a prosecution for perjury or giving a false
statement.
``(7) Rules.--The rules concerning the receipt and
admissibility of evidence under this subsection shall be the
same as prescribed in section 3142(f).
``(e) Applicable Procedures.--Any prosecution in a district
court of the United States under this section--
``(1) in the case of a juvenile tried as an adult under
subsection (a), shall proceed in the same manner as is
required by this title and by the Federal Rules of Criminal
Procedure in any proceeding against an adult; and
``(2) in all other cases, shall proceed in accordance with
this chapter, unless the juvenile has requested in writing,
upon advice of counsel, to be proceeded against as an adult.
``(f) Application of Laws.--
``(1) Applicability of sentencing provisions.--
``(A) In general.--Except as otherwise provided in this
chapter, and subject to subparagraph (C) of this paragraph,
in any case in which a juvenile is prosecuted in a district
court of the United States as an adult, the juvenile shall be
subject to the same laws, rules, and proceedings regarding
sentencing (including the availability of probation,
restitution, fines, forfeiture, imprisonment, and supervised
release) that would be applicable in the case of an adult,
except that no person shall be subject to the death penalty
for an offense committed before the person attains the age of
18 years.
``(B) Status as adult.--No juvenile sentenced to a term of
imprisonment shall be released from custody on the basis that
the juvenile has attained the age of 18 years.
``(C) Applicable guidelines.--Each juvenile tried as an
adult shall be sentenced in accordance with the Federal
sentencing guidelines promulgated under section 994(z) of
title 28, United States Code, once such guidelines are
promulgated and take effect.
``(2) Applicability of mandatory restitution provisions to
certain juveniles.--If a juvenile is tried as an adult for
any offense to which the mandatory restitution provisions of
sections 3663A, 2248, 2259, 2264, and 2323 apply, those
sections shall apply to that juvenile in the same manner and
to the same extent as those provisions apply to adults.
``(g) Open Proceedings.--
``(1) In general.--Any offense tried or adjudicated in a
district court of the United States under this section shall
be open to the general public, in accordance with rules 10,
26, 31(a), and 53 of the Federal Rules of Criminal Procedure,
unless good cause is established by the moving party or is
otherwise found by the court, for closure.
``(2) Status alone insufficient.--The status of the
defendant as a juvenile, absent other factors, shall not
constitute good cause for purposes of this subsection.
``(h) Availability of Records.--
``(1) In general.--In making a determination concerning the
arrest or prosecution of a juvenile in a district court of
the United States under this section, the United States
Attorney of the appropriate jurisdiction, or, as appropriate,
the Attorney General, shall have complete access to the prior
Federal juvenile records of the subject juvenile and, to the
extent permitted by State law, the prior State juvenile
records of the subject juvenile.
``(2) Consideration of entire record.--In any case in which
a juvenile is found guilty or adjudicated delinquent in an
action under this section, the district court responsible for
imposing sentence shall have complete access to the prior
Federal juvenile records of the subject juvenile and, to the
extent permitted under State law, the prior State juvenile
records of the subject juvenile. At sentencing, the district
court shall consider the entire available prior juvenile
record of the subject juvenile.
``(i) Application to Indian Country.--Notwithstanding
sections 1152 and 1153, certification under subparagraph (A)
or (B) of subsection (a)(1) shall not be made nor granted
with respect to a juvenile who is subject to the criminal
jurisdiction of an Indian tribal government if the juvenile
is less than 15 years of age at the time of offense and is
alleged to have committed an offense for which there would be
Federal jurisdiction based solely on commission of the
offense in Indian country (as defined in section 1151),
unless the governing body of the tribe having jurisdiction
over the place where the alleged offense was committed has,
before the occurrence of the alleged offense, notified the
Attorney General in writing of its election that prosecution
as an adult may take place under this section.''.
(b) Conforming Amendments.--
(1) Chapter analysis.--The analysis for chapter 403 of
title 18, United States Code, is amended by striking the item
relating to section 5032 and inserting the following:
``5032. Delinquency proceedings in district courts; juveniles tried as
adults; transfer for other criminal prosecution.''.
[[Page S6089]]
(2) Adult sentencing.--Section 3553 of title 18, United
States Code, is amended by adding at the end the following:
``(g) Limitation on Applicability of Statutory Minimums in
Certain Prosecutions of Persons Younger Than 16.--
Notwithstanding any other provision of law, in the case of a
defendant convicted for conduct that occurred before the
juvenile attained the age of 16 years, the court shall impose
a sentence without regard to any statutory minimum sentence,
if the court finds at sentencing, after affording the
Government an opportunity to make a recommendation, that the
juvenile has not been previously adjudicated delinquent for,
or convicted of, a serious violent felony or a serious drug
offense (as those terms are defined in section 3559(c)).
``(h) Treatment of Juvenile Criminal History in Federal
Sentencing.--
``(1) In general.--
``(A) Sentencing guidelines.--Pursuant to its authority
under section 994 of title 28, the United States Sentencing
Commission (referred to in this subsection as the
`Commission') shall amend the Federal sentencing guidelines
to provide that, in determining the criminal history score
under the Federal sentencing guidelines for any adult
offender or any juvenile offender being sentenced as an
adult, prior juvenile convictions and adjudications for
offenses described in paragraph (2) shall receive a score
similar to that which the defendant would have received if
those offenses had been committed by the defendant as an
adult, if any portion of the sentence for the offense was
imposed or served within 15 years after the commencement of
the instant offense.
``(B) Reviews.--The Commission shall review the criminal
history treatment of juvenile adjudications or convictions
for offenses other than those described in paragraph (2) to
determine whether the treatment should be adjusted as
described in subparagraph (A), and make any amendments to the
Federal sentencing guidelines as necessary to make whatever
adjustments the Commission concludes are necessary to
implement the results of the review.
``(2) Offenses described.--The offenses described in this
paragraph include any--
``(A) crime of violence;
``(B) controlled substance offense;
``(C) other offense for which the defendant received a
sentence or disposition of imprisonment of 1 year or more;
and
``(D) other offense punishable by a term of imprisonment of
more than 1 year for which the defendant was prosecuted as an
adult.
``(3) Definitions.--The Federal sentencing guidelines
described in paragraph (1) shall define the terms `crime of
violence' and `controlled substance offense' in substantially
the same manner as those terms are defined in Guideline
Section 4B1.2 of the November 1, 1995, Guidelines Manual.
``(4) Juvenile adjudications.--In carrying out this
subsection, the Commission--
``(A) shall assign criminal history points for juvenile
adjudications based principally on the nature of the acts
committed by the juvenile; an
``(B) may provide for some adjustment of the score in light
of the length of sentence the juvenile received.
``(5) Emergency authority.--The Commission shall promulgate
the Federal sentencing guidelines and amendments under this
subsection as soon as practicable, and in any event not later
than 90 days after the date of enactment of the Violent and
Repeat Juvenile Offender Accountability and Rehabilitation
Act of 1999, in accordance with the procedures set forth in
section 21(a) of the Sentencing Act of 1987, as though the
authority under that authority had not expired, except that
the Commission shall submit to Congress the emergency
guidelines or amendments promulgated under this section, and
shall set an effective date for those guidelines or
amendments not earlier than 30 days after their submission to
Congress.
``(6) Career offender determination.--Pursuant to its
authority under section 994 of title 28, the Commission shall
amend the Federal sentencing guidelines to provide for
inclusion, in any determination regarding whether a juvenile
or adult defendant is a career offender under section 994(h)
of title 28, and any computation of the sentence that any
defendant found to be a career offender should receive, of
any act for which the defendant was previously convicted or
adjudicated delinquent as a juvenile that would be a felony
covered by that section if it had been committed by the
defendant as an adult.''.
SEC. 103. DEFINITIONS.
Section 5031 of title 18, United States Code, is amended to
read as follows:
``Sec. 5031. Definitions
``In this chapter:
``(1) Adult inmate.--The term `adult inmate' means an
individual who has attained the age of 18 years and who is in
custody for, awaiting trial on, or convicted of criminal
charges committed while an adult or an act of juvenile
delinquency committed while a juvenile.
``(2) Juvenile.--The term `juvenile' means--
``(A) a person who has not attained the age of 18 years; or
``(B) for the purpose of proceedings and disposition under
this chapter for an alleged act of juvenile delinquency, a
person who has not attained the age of 21 years.
``(3) Juvenile delinquency.--The term `juvenile
delinquency' means the violation of a law of the United
States committed by a person before the eighteenth birthday
of that person, if the violation--
``(A) would have been a crime if committed by an adult; or
``(B) is a violation of section 922(x).
``(4) Prohibited physical contact.--
``(A) In general.--The term `prohibited physical contact'
means--
``(i) any physical contact between a juvenile and an adult
inmate; and
``(ii) proximity that provides an opportunity for physical
contact between a juvenile and an adult inmate.
``(B) Exclusion.--The term does not include supervised
proximity between a juvenile and an adult inmate that is
brief and inadvertent, or accidental, in secure areas of a
facility that are not dedicated to use by juvenile offenders
and that are nonresidential, which may include dining,
recreational, educational, vocational, health care, entry
areas, and passageways.
``(5) Sustained oral communication.--
``(A) In general.--The term `sustained oral communication'
means the imparting or interchange of speech by or between a
juvenile and an adult inmate.
``(B) Exception.--The term does not include--
``(i) communication that is accidental or incidental; or
``(ii) sounds or noises that cannot reasonably be
considered to be speech.
``(6) State.--The term `State' includes a State of the
United States, the District of Columbia, any commonwealth,
territory, or possession of the United States and, with
regard to an act of juvenile delinquency that would have been
a misdemeanor if committed by an adult, an Indian tribe (as
defined in section 4(e) of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 4506(e))).
``(7) Violent juvenile.--The term `violent juvenile' means
any juvenile who is alleged to have committed, has been
adjudicated delinquent for, or has been convicted of an
offense that, if committed by an adult, would be a crime of
violence (as defined in section 16).''.
SEC. 104. NOTIFICATION AFTER ARREST.
Section 5033 of title 18, United States Code, is amended--
(1) in the first sentence, by striking ``immediately notify
the Attorney General and'' and inserting the following:
``immediately, or as soon as practicable thereafter, notify
the United States Attorney of the appropriate jurisdiction
and shall promptly take reasonable steps to notify''; and
(2) in the second sentence of the second undesignated
paragraph, by inserting before the period at the end the
following: ``, and the juvenile shall not be subject to
detention under conditions that permit prohibited physical
contact with adult inmates or in which the juvenile and an
adult inmate can engage in sustained oral communication''.
SEC. 105. RELEASE AND DETENTION PRIOR TO DISPOSITION.
(a) Duties of Magistrate.--Section 5034 of title 18, United
States Code, is amended--
(1) by striking ``The magistrate shall insure'' and
inserting the following:
``(a) In General.--
``(1) Representation by counsel.--The magistrate shall
ensure'';
(2) by striking ``The magistrate may appoint'' and
inserting the following:
``(2) Guardian ad litem.--The magistrate may appoint'';
(3) by striking ``If the juvenile'' and inserting the
following:
``(b) Release Prior to Disposition.--Except as provided in
subsection (c), if the juvenile''; and
(4) by adding at the end the following:
``(c) Release of Certain Juveniles.--A juvenile who is to
be tried as an adult pursuant to section 5032 shall be
released pending trial only in accordance with the applicable
provisions of chapter 207. The release shall be conducted in
the same manner and shall be subject to the same terms,
conditions, and sanctions for violation of a release
condition as provided for an adult under chapter 207.
``(d) Penalty for an Offense Committed While on Release.--
``(1) In general.--A juvenile alleged to have committed,
while on release under this section, an offense that, if
committed by an adult, would be a Federal criminal offense,
shall be subject to prosecution under section 5032.
``(2) Applicability of certain penalties.--Section 3147
shall apply to a juvenile who is to be tried as an adult
pursuant to section 5032 for an offense committed while on
release under this section.''.
(b) Detention Prior to Disposition.--Section 5035 of title
18, United States Code, is amended--
(1) by striking ``A juvenile'' and inserting the following:
``(a) In General.--Except as provided in subsection (b), a
juvenile'';
(2) in subsection (a), as redesignated--
(A) in the third sentence, by striking ``regular contact''
and inserting ``prohibited physical contact or sustained oral
communication''; and
(B) after the fourth sentence, by inserting the following:
``To the extent practicable, violent juveniles shall be kept
separate from nonviolent juveniles.''; and
(3) by adding at the end the following:
``(b) Detention of Certain Juveniles.--
``(1) In general.--A juvenile who is to be tried as an
adult pursuant to section 5032 shall be subject to detention
in accordance
[[Page S6090]]
with chapter 207 in the same manner, to the same extent, and
subject to the same terms and conditions as an adult would be
subject to under that chapter.
``(2) Exception.--A juvenile shall not be detained or
confined in any institution in which the juvenile has
prohibited physical contact or sustained oral communication
with adult inmates. To the extent practicable, violent
juveniles shall be kept separate from nonviolent
juveniles.''.
SEC. 106. SPEEDY TRIAL.
Section 5036 of title 18, United States Code, is amended--
(1) by inserting ``who is to be proceeded against as a
juvenile pursuant to section 5032 and'' after ``If an alleged
delinquent'';
(2) by striking ``thirty'' and inserting ``70''; and
(3) by striking ``the court,'' and all that follows through
the end of the section and inserting the following: ``the
court. The periods of exclusion under section 3161(h) shall
apply to this section. In determining whether an information
should be dismissed with or without prejudice, the court
shall consider the seriousness of the alleged act of juvenile
delinquency, the facts and circumstances of the case that led
to the dismissal, and the impact of a reprosecution on the
administration of justice.''.
SEC. 107. DISPOSITIONAL HEARINGS.
Section 5037 of title 18, United States Code, is amended--
(1) by striking subsection (a) and inserting the following:
``(a) In General.--
``(1) Dispositional hearing.--
``(A) In general.--In a proceeding under section
5032(a)(1)(D), if the court finds a juvenile to be a juvenile
delinquent, the court shall hold a hearing concerning the
appropriate disposition of the juvenile not later than 40
court days after the finding of juvenile delinquency, unless
the court has ordered further study pursuant to subsection
(e).
``(B) Predisposition report.--A predisposition report shall
be prepared by the probation officer, who shall promptly
provide a copy to the juvenile, the juvenile's counsel, and
the attorney for the Government. Victim impact information
shall be included in the predisposition report, and victims
or, in appropriate cases, their official representatives,
shall be provided the opportunity to make a statement to the
court in person or to present any information in relation to
the disposition.
``(2) Actions of court after hearing.--After a
dispositional hearing under paragraph (1), after considering
any pertinent policy statements promulgated by the United
States Sentencing Commission pursuant to section 994 of title
28, and in conformance with any guidelines promulgated by the
United States Sentencing Commission pursuant to section
994(z)(1)(B) of title 28, the court shall--
``(A) place the juvenile on probation or commit the
juvenile to official detention (including the possibility of
a term of supervised release), and impose any fine that would
be authorized if the juvenile had been tried and convicted as
an adult; and
``(B) enter an order of restitution pursuant to section
3663.'';
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by inserting
``or supervised release'' after ``probation'';
(B) by striking ``extend--'' and all that follows through
``The provisions'' and inserting the following: ``extend, in
the case of a juvenile, beyond the maximum term of probation
that would be authorized by section 3561, or beyond the
maximum term of supervised release authorized by section
3583, if the juvenile had been tried and convicted as an
adult. The provisions dealing with supervised release set
forth in section 3583 and the provisions''; and
(C) in the last sentence, by inserting ``or supervised
release'' after ``on probation''; and
(3) in subsection (c), by striking ``may not extend--'' and
all that follows through ``Section 3624'' and inserting the
following: ``may not extend beyond the earlier of the 26th
birthday of the juvenile or the termination date of the
maximum term of imprisonment, exclusive of any term of
supervised release, that would be authorized if the juvenile
had been tried and convicted as an adult. No juvenile
sentenced to a term of imprisonment shall be released from
custody simply because the juvenile attains the age of 18
years. Section 3624''.
SEC. 108. USE OF JUVENILE RECORDS.
Section 5038 of title 18, United States Code, is amended to
read as follows:
``Sec. 5038. Use of juvenile records
``(a) In General.--Throughout a juvenile delinquency
proceeding under section 5032 or 5037, the records of such
proceeding shall be safeguarded from disclosure to
unauthorized persons, and shall only be released to the
extent necessary for purposes of--
``(1) compliance with section 5032(h);
``(2) docketing and processing by the court;
``(3) responding to an inquiry received from another court
of law;
``(4) responding to an inquiry from an agency preparing a
presentence report for another court;
``(5) responding to an inquiry from a law enforcement
agency, if the request for information is related to the
investigation of a crime or a position within that agency or
analysis requested by the Attorney General;
``(6) responding to a written inquiry from the director of
a treatment agency or the director of a facility to which the
juvenile has been committed by the court;
``(7) responding to an inquiry from an agency considering
the person for a position immediately and directly affecting
national security;
``(8) responding to an inquiry from any victim of such
juvenile delinquency or, if the victim is deceased, from a
member of the immediate family of the victim, related to the
final disposition of such juvenile by the court in accordance
with section 5032 or 5037, as applicable; and
``(9) communicating with a victim of such juvenile
delinquency or, in appropriate cases, with the official
representative of a victim, in order to--
``(A) apprise the victim or representative of the status or
disposition of the proceeding;
``(B) effectuate any other provision of law; or
``(C) assist in the allocution at disposition of the victim
or the representative of the victim.
``(b) Records of Adjudication.--
``(1) Transmission to fbi.--Upon an adjudication of
delinquency under section 5032 or 5037, the court shall
transmit to the Director of the Federal Bureau of
Investigation a record of such adjudication.
``(2) Maintaining records.--The Director of the Federal
Bureau of Investigation shall maintain, in the central
repository of the Federal Bureau of Investigation, in
accordance with the established practices and policies
relating to adult criminal history records of the Federal
Bureau of Investigation--
``(A) a fingerprint supported record of the Federal
adjudication of delinquency of any juvenile who commits an
act that, if committed by an adult, would constitute the
offense of murder, armed robbery, rape (except statutory
rape), or a felony offense involving sexual molestation of a
child, or a conspiracy or attempt to commit any such offense,
that is equivalent to, and maintained and disseminated in the
same manner and for the same purposes, as are adult criminal
history records for the same offenses; and
``(B) a fingerprint supported record of the Federal
adjudication of delinquency of any juvenile who commits an
act that, if committed by an adult, would be any felony
offense (other than an offense described in subparagraph (A))
that is equivalent to, and maintained and disseminated in the
same manner, as are adult criminal history records for the
same offenses--
``(i) for use by and within the criminal justice system for
the detection, apprehension, detention, pretrial release,
post-trial release, prosecution, adjudication, sentencing,
disposition, correctional supervision, or rehabilitation of
an accused person, criminal offender, or juvenile delinquent;
and
``(ii) for purposes of responding to an inquiry from an
agency considering the subject of the record for a position
or clearance immediately and directly affecting national
security.
``(3) Availability of records to schools in certain
circumstances.--Notwithstanding paragraph (2), the Director
of the Federal Bureau of Investigation shall make an
adjudication record of a juvenile maintained pursuant to
subparagraph (A) or (B) of that paragraph, or conviction
record described in subsection (d), available to an official
of an elementary, secondary, or post-secondary school, in
appropriate circumstances (as defined by and under rules
issued by the Attorney General), if--
``(A) the subject of the record is a student enrolled at
the school, or a juvenile who seeks, intends, or is
instructed to enroll at that school;
``(B) the school official is subject to the same standards
and penalties under applicable Federal and State law relating
to the handling and disclosure of information contained in
juvenile adjudication records as are employees of law
enforcement and juvenile justice agencies in the State; and
``(C) information contained in the record is not used for
the sole purpose of denying admission.
``(c) Notification of Rights.--A district court of the
United States that exercises jurisdiction over a juvenile
shall notify the juvenile, and a parent or guardian of the
juvenile, in writing, and in clear and nontechnical language,
of the rights of the juvenile relating to the adjudication
record of the juvenile. Any juvenile may petition the court
after a period of 5 years to have a record relating to such
juvenile and described in this section (except a record
relating to an offense described in subsection (b)(2)(A))
removed from the Federal Bureau of Investigation database if
that juvenile can establish by clear and convincing evidence
that the juvenile is no longer a danger to the community.
``(d) Records of Juveniles Tried as Adults.--In any case in
which a juvenile is tried as an adult in Federal court, the
Federal criminal record of the juvenile shall be made
available in the same manner as is applicable to the records
of adult defendants.''.
SEC. 109. IMPLEMENTATION OF A SENTENCE FOR JUVENILE
OFFENDERS.
(a) In General.--Section 5039 of title 18, United States
Code, is amended to read as follows:
``Sec. 5039. Implementation of a sentence
``(a) In General.--Except as otherwise provided in this
chapter, the sentence for a juvenile who is adjudicated
delinquent or found
[[Page S6091]]
guilty of an offense under any proceeding in a district court
of the United States under section 5032 shall be carried out
in the same manner as for an adult defendant.
``(b) Sentences of Imprisonment, Probation, and Supervised
Release.--Subject to subsection (d), the implementation of a
sentence of imprisonment is governed by subchapter C of
chapter 229 and, if the sentence includes a term of probation
or supervised release, by subchapter A of chapter 229.
``(c) Sentences of Fines and Orders of Restitution; Special
Assessments.--
``(1) In general.--A sentence of a fine, an order of
restitution, or a special assessment under section 3013 shall
be implemented and collected in the same manner as for an
adult defendant.
``(2) Prohibition.--The parent, guardian, or custodian of a
juvenile sentenced to pay a fine may not be made liable for
such payment by any court.
``(d) Segregation of Juveniles; Conditions of
Confinement.--
``(1) In general.--No juvenile committed for incarceration,
whether pursuant to an adjudication of delinquency or
conviction for an offense, to the custody of the Attorney
General may, before the juvenile attains the age of 18 years,
be placed or retained in any jail or correctional institution
in which the juvenile has prohibited physical contact with
adult inmate or can engage in sustained oral communication
with adult inmates. To the extent practicable, violent
juveniles shall be kept separate from nonviolent juveniles.
``(2) Requirements.--Each juvenile who is committed for
incarceration shall be provided with--
``(A) adequate food, heat, light, sanitary facilities,
bedding, clothing, and recreation; and
``(B) as appropriate, counseling, education, training, and
medical care (including necessary psychiatric, psychological,
or other care or treatment).
``(3) Commitment to foster home or community-based
facility.--Except in the case of a juvenile who is found
guilty of a violent felony or who is adjudicated delinquent
for an offense that would be a violent felony if the juvenile
had been prosecuted as an adult, the Attorney General shall
commit a juvenile to a foster home or community-based
facility located in or near his home community if that
commitment is--
``(A) practicable;
``(B) in the best interest of the juvenile; and
``(C) consistent with the safety of the community.''.
(b) Conforming Amendment.--The analysis for chapter 403 of
title 18, United States Code, is amended by striking the item
relating to section 5039 and inserting the following:
``5039. Implementation of a sentence.''.
SEC. 110. MAGISTRATE JUDGE AUTHORITY REGARDING JUVENILE
DEFENDANTS.
Section 3401(g) of title 18, United States Code, is
amended--
(1) in the second sentence, by inserting after ``magistrate
judge may, in any'' the following: ``class A misdemeanor or
any''; and
(2) in the third sentence, by striking ``, except that no''
and all that follows before the period at the end of the
subsection.
SEC. 111. FEDERAL SENTENCING GUIDELINES.
(a) Application of Guidelines to Certain Juvenile
Defendants.--Section 994(h) of title 28, United States Code,
is amended by inserting ``, or in which the defendant is a
juvenile who is tried as an adult,'' after ``old or older''.
(b) Guidelines for Juvenile Cases.--
(1) In general.--Section 994 of title 28, United States
Code, is amended by adding at the end the following:
``(z) Guidelines for Juvenile Cases.--
``(1) In general.--Not later than 1 year after the date of
enactment of the Violent and Repeat Juvenile Offender
Accountability and Rehabilitation Act of 1999, the
Commission, by affirmative vote of not less than 4 members of
the Commission, and pursuant to its rules and regulations and
consistent with all pertinent provisions of any Federal
statute, shall promulgate and distribute to all courts of the
United States and to the United States Probation System--
``(A) guidelines, as described in this section, for use by
a sentencing court in determining the sentence to be imposed
in a criminal case if the defendant committed the offense as
a juvenile, and is tried as an adult pursuant to section 5032
of title 18, United States Code; and
``(B) guidelines, as described in this section, for use by
a court in determining the sentence to be imposed on a
juvenile adjudicated delinquent pursuant to section 5032 of
title 18, United States Code, and sentenced pursuant to a
dispositional hearing under section 5037 of title 18, United
States Code.
``(2) Determinations.--In carrying out this subsection, the
Commission shall make the determinations required by
subsection (a)(1) and promulgate the policy statements and
guidelines required by paragraphs (2) and (3) of subsection
(a).
``(3) Considerations.--In addition to any other
considerations required by this section, the Commission, in
promulgating guidelines--
``(A) pursuant to paragraph (1)(A), shall presume the
appropriateness of adult sentencing provisions, but may make
such adjustments to sentence lengths and to provisions
governing downward departures from the guidelines as reflect
the specific interests and circumstances of juvenile
defendants; and
``(B) pursuant to paragraph (1)(B), shall ensure that the
guidelines--
``(i) reflect the broad range of sentencing options
available to the court under section 5037 of title 18, United
States Code; and
``(ii) effectuate a policy of an accountability-based
juvenile justice system that provides substantial and
appropriate sanctions, that are graduated to reflect the
severity or repeated nature of violations, for each
delinquent act, and reflect the specific interests and
circumstances of juvenile defendants.
``(4) Review period.--The review period specified by
subsection (p) applies to guidelines promulgated pursuant to
this subsection and any amendments to those guidelines.''.
(2) Technical correction to assure compliance of sentencing
guidelines with provisions of all federal statutes.--Section
994(a) of title 28, United States Code, is amended by
striking ``consistent with all pertinent provisions of this
title and title 18, United States Code,'' and inserting
``consistent with all pertinent provisions of any Federal
statute''.
SEC. 112. STUDY AND REPORT ON INDIAN TRIBAL JURISDICTION.
Not later than 18 months after the date of enactment of
this Act, the Attorney General shall conduct a study of the
juvenile justice systems of Indian tribes (as defined in
section 4(e) of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b(e))) and shall report to the
Chairman and Ranking Member of the Committee on the Judiciary
and the Committee on Indian Affairs of the Senate and the
Chairman and Ranking Member of the Committee on the Judiciary
of the House of Representatives on--
(1) the extent to which tribal governments are equipped to
adjudicate felonies, misdemeanors, and acts of delinquency
committed by juveniles subject to tribal jurisdiction; and
(2) the need for and benefits from expanding the
jurisdiction of tribal courts and the authority to impose the
same sentences that can be imposed by Federal or State courts
on such juveniles.
TITLE II--JUVENILE GANGS
SEC. 201. SOLICITATION OR RECRUITMENT OF PERSONS IN CRIMINAL
STREET GANG ACTIVITY.
(a) Prohibited Acts.--Chapter 26 of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 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 conspire to do so, with
the intent that the person being recruited, solicited,
induced, commanded or caused to be or remain a member of such
gang participate in an offense described in section 521(c) of
this title.
``(b) Penalties.--Any person who violates subsection (a)
shall--
``(1) if the person recruited, solicited, induced,
commanded, or caused--
``(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 government for housing,
maintaining, and treating the minor until the minor attains
the age of 18 years.
``(c) Definitions.--In this section:
``(1) Criminal street gang.--The term `criminal street
gang' has the meaning given the term in section 521.
``(2) Minor.--The term `minor' means a person who is
younger than 18 years of age.''.
(b) Conforming Amendment.--The analysis for chapter 26 of
title 18, United States Code, is amended by adding at the end
the following:
``522. Recruitment of persons to participate in criminal street gang
activity.''.
SEC. 202. INCREASED PENALTIES FOR USING MINORS TO DISTRIBUTE
DRUGS.
Section 420 of the Controlled Substances Act (21 U.S.C.
861) is amended--
(1) in subsection (b), by striking ``one year'' and
inserting ``3 years''; and
(2) in subsection (c), by striking ``one year'' and
inserting ``5 years''.
SEC. 203. PENALTIES FOR USE OF MINORS IN CRIMES OF VIOLENCE.
(a) In General.--Chapter 1 of title 18, United States Code,
is amended by adding at the end the following:
``Sec. 25. Use of minors in crimes of violence
``(a) Penalties.--Except as otherwise provided by law,
whoever, being not less than 18 years of age, knowingly and
intentionally uses a minor to commit a Federal offense that
is a crime of violence, or to assist in avoiding detection or
apprehension for such an offense, shall--
``(1) be subject to 2 times the maximum imprisonment and 2
times the maximum fine that would otherwise be imposed for
the offense; and
[[Page S6092]]
``(2) for second or subsequent convictions under this
subsection, be subject to 3 times the maximum imprisonment
and 3 times the maximum fine that would otherwise be imposed
for the offense.
``(b) Definitions.--In this section:
``(1) Crime of violence.--The term `crime of violence' has
the meaning given the term in section 16 of this title.
``(2) Minor.--The term `minor' means a person who is less
than 18 years of age.
``(3) Uses.--The term `uses' means employs, hires,
persuades, induces, entices, or coerces.''.
(b) Conforming Amendment.--The analysis for chapter 1 of
title 18, United States Code, is amended by adding at the end
the following:
``25. Use of minors in crimes of violence.''.
SEC. 204. CRIMINAL STREET GANGS.
(a) In General.--Section 521 of title 18, United States
Code, is amended--
(1) in subsection (a), in the second undesignated
paragraph--
(A) by striking ``5'' and inserting ``3'';
(B) by inserting ``, whether formal or informal'' after
``or more persons''; and
(C) in subparagraph (A), by inserting ``or activities''
after ``purposes'';
(2) in subsection (b), by inserting after ``10 years'' the
following: ``and such person shall be subject to the
forfeiture prescribed in section 412 of the 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 period at the end and
inserting a semicolon;
(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 criminal 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 violation 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 Substances Act (21 U.S.C. 802)); or
``(6) that is a violation of section 274(a)(1)(A), 277, or
278 of the Immigration and Nationality Act (8 U.S.C.
1324(a)(1)(A), 1327, or 1328) (relating to alien smuggling);
and
``(7) a conspiracy, attempt, or solicitation to commit an
offense described in paragraphs (1) through (6).''.
(b) Technical and Conforming Amendment.--Section 3663(c)(4)
of title 18, United States Code, is amended by striking
``chapter 46'' and inserting ``section 521, chapter 46,''.
SEC. 205. HIGH INTENSITY INTERSTATE GANG ACTIVITY AREAS.
(a) Definitions.--In this section:
(1) Governor.--The term ``Governor'' means a Governor of a
State or the Mayor of the District of Columbia.
(2) High intensity interstate gang activity area.--The term
``high intensity interstate gang activity area'' means an
area within a State that is designated as a high intensity
interstate gang activity area under subsection (b)(1).
(3) State.--The term ``State'' means a State of the United
States or the District of Columbia.
(b) High Intensity Interstate Gang Activity Areas.--
(1) Designation.--The Attorney General, upon consultation
with the Secretary of the Treasury and the Governors of
appropriate States, may designate as a high intensity
interstate gang activity area a specified area that is
located--
(A) within a State; or
(B) in more than 1 State.
(2) Assistance.--In order to provide Federal assistance to
a high intensity interstate gang activity area, the Attorney
General may--
(A) facilitate the establishment of a regional task force,
consisting of Federal, State, and local law enforcement
authorities, for the coordinated investigation, disruption,
apprehension, and prosecution of criminal activities of gangs
and gang members in the high intensity interstate gang
activity area; and
(B) direct the detailing from any Federal department or
agency (subject to the approval of the head of that
department or agency, in the case of a department or agency
other than the Department of Justice) of personnel to the
high intensity interstate gang activity area.
(3) Criteria for designation.--In considering an area
(within a State or within more than 1 State) for designation
as a high intensity interstate gang activity area under this
section, the Attorney General shall consider--
(A) the extent to which gangs from the area are involved in
interstate or international criminal activity;
(B) the extent to which the area is affected by the
criminal activity of gang members who--
(i) are located in, or have relocated from, other States;
or
(ii) are located in, or have immigrated (legally or
illegally) from, foreign countries;
(C) the extent to which the area is affected by the
criminal activity of gangs that originated in other States or
foreign countries;
(D) the extent to which State and local law enforcement
agencies have committed resources to respond to the problem
of criminal gang activity in the area, as an indication of
their determination to respond aggressively to the problem;
(E) the extent to which a significant increase in the
allocation of Federal resources would enhance local response
to gang-related criminal activities in the area; and
(F) any other criteria that the Attorney General considers
to be appropriate.
(c) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out this section $100,000,000 for each of fiscal years
1999 through 2004, to be used in accordance with paragraph
(2).
(2) Use of funds.--Of amounts made available under
paragraph (1) in each fiscal year--
(A) 60 percent shall be used to carry out subsection
(b)(2); and
(B) 40 percent shall be used to make grants for community-
based programs to provide crime prevention and intervention
services that are designed for gang members and at-risk youth
in areas designated pursuant to this section as high
intensity interstate gang activity areas.
(3) Requirement.--
(A) In general.--The Attorney General shall ensure that not
less than 10 percent of amounts made available under
paragraph (1) in each fiscal year are used to assist rural
States affected as described in subparagraphs (B) and (C) of
subsection (b)(3).
(B) Definition of rural state.--In this paragraph, the term
``rural State'' has the meaning given the term in section
1501(b) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796bb(b)).
SEC. 206. INCREASING THE PENALTY FOR USING PHYSICAL FORCE TO
TAMPER WITH WITNESSES, VICTIMS, OR INFORMANTS.
Section 1512 of title 18, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``as provided in
paragraph (2)'' and inserting ``as provided in paragraph
(3)'';
(B) by redesignating paragraph (2) as paragraph (3);
(C) by inserting after paragraph (1) the following:
``(2) Use of physical force to tamper with witnesses,
victims, or informants.--Whoever uses physical force or the
threat of physical force against any person, or attempts to
do so, with intent to--
``(A) influence, delay, or prevent the testimony of any
person in an official proceeding;
``(B) cause or induce any person to--
``(i) withhold testimony, or withhold a record, document,
or other object, from an official proceeding;
``(ii) alter, destroy, mutilate, or conceal an object with
intent to impair the object's integrity or availability for
use in an official proceeding;
``(iii) evade legal process summoning that person to appear
as a witness, or to produce a record, document, or other
object, in an official proceeding; or
``(iv) be absent from an official proceeding to which such
person has been summoned by legal process; or
``(C) hinder, delay, or prevent the communication to a law
enforcement officer or judge of the United States of
information relating to the commission or possible commission
of a Federal offense or a violation of conditions of
probation, parole, or release pending judicial proceedings;
shall be punished as provided in paragraph (3).''; and
(D) in paragraph (3), as redesignated, by striking
subparagraph (B) and inserting the following:
``(B) in the case of--
``(i) an attempt to murder; or
``(ii) the use of physical force against any person;
imprisonment for not more than 20 years.'';
(2) in subsection (b), by striking ``or physical force'';
and
(3) by adding at the end the following:
``(j) Conspiracy.--Whoever conspires to commit any offense
under this section or section 1513 shall be subject to the
same penalties as those prescribed for the offense the
commission of which was the object of the conspiracy.''.
SEC. 207. AUTHORITY TO MAKE GRANTS TO PROSECUTORS' OFFICES TO
COMBAT GANG CRIME AND YOUTH VIOLENCE.
(a) In General.--Section 31702 of subtitle Q of title III
of the Violent Crime Control and Law Enforcement Act of 1994
(42 U.S.C. 13862) is amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (4), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(5) to allow the hiring of additional prosecutors, so
that more cases can be prosecuted and backlogs reduced;
``(6) to provide funding to enable prosecutors to address
drug, gang, and youth violence problems more effectively;
``(7) to provide funding to assist prosecutors with funding
for technology, equipment, and training to assist prosecutors
in reducing the incidence of, and increase the successful
identification and speed of prosecution of young violent
offenders; and
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``(8) to provide funding to assist prosecutors in their
efforts to engage in community prosecution, problem solving,
and conflict resolution techniques through collaborative
efforts with police, school officials, probation officers,
social service agencies, and community organizations.''.
(b) Authorization of Appropriations.--Section 31707 of
subtitle Q of title III of the Violent Crime Control and Law
Enforcement Act of 1994 (42 U.S.C. 13867) is amended to read
as follows:
``SEC. 31707. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this
subtitle, $50,000,000 for 2000 through 2004.''.
SEC. 208. INCREASE IN OFFENSE LEVEL FOR PARTICIPATION IN
CRIME AS A GANG MEMBER.
(a) Definition of Criminal Street Gang.--In this section,
the term ``criminal street gang'' has the meaning given that
term in section 521(a) of title 18, United States Code, as
amended by section 204 of this Act.
(b) Amendment of Sentencing Guidelines.--
(1) In general.--Pursuant to its authority under section
994(p) of title 28, United States Code, the United States
Sentencing Commission shall amend the Federal Sentencing
Guidelines to provide an appropriate enhancement for any
Federal offense described in section 521(c) of title 18,
United States Code as amended by section 204 of this Act, if
the offense was both committed in connection with, or in
furtherance of, the activities of a criminal street gang and
the defendant was a member of the criminal street gang at the
time of the offense.
(2) Factors to be considered.--In determining an
appropriate enhancement under this section, 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 Sentencing Guidelines.
SEC. 209. INTERSTATE AND FOREIGN TRAVEL OR TRANSPORTATION IN
AID OF CRIMINAL GANGS.
(a) Travel Act Amendment.--Section 1952 of title 18, United
States Code, is amended to read as follows:
``Sec. 1952. Interstate and foreign travel or transportation
in aid of racketeering enterprises
``(a) Prohibited Conduct and Penalties.--
``(1) In general.--Whoever--
``(A) travels in interstate or foreign commerce or uses the
mail or any facility in interstate or foreign commerce, with
intent to--
``(i) distribute the proceeds of any unlawful activity; or
``(ii) otherwise promote, manage, establish, carry on, or
facilitate the promotion, management, establishment, or
carrying on, of any unlawful activity; and
``(B) after travel or use of the mail or any facility in
interstate or foreign commerce described in subparagraph (A),
performs, attempts to perform, or conspires to perform an act
described in clause (i) or (ii) of subparagraph (A);
shall be fined under this title, imprisoned not more than 10
years, or both.
``(2) Crimes of violence.--Whoever--
``(A) travels in interstate or foreign commerce or uses the
mail or any facility in interstate or foreign commerce, with
intent to commit any crime of violence to further any
unlawful activity; and
``(B) after travel or use of the mail or any facility in
interstate or foreign commerce described 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' includes a State of the
United States, the District of Columbia, and any
commonwealth, territory, or possession of the United States.
``(3) Unlawful activity.--The term `unlawful activity'
means--
``(A) any business enterprise involving 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;
``(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
retaliation against or intimidation of witnesses, victims,
jurors, or informants, in violation of the laws of the State
in which the offense is committed or of the United States;
``(C) the use of bribery, force, intimidation, or threat,
directed against any person, to delay or influence the
testimony of or prevent from testifying a witness in a State
criminal proceeding or by any such means to cause any person
to destroy, alter, or conceal a record, document, or other
object, with intent to impair the object's integrity or
availability for use in such a proceeding; or
``(D) any act that is indictable under section 1956 or 1957
of this title or under subchapter II of chapter 53 of title
31.''.
(b) Amendment of Sentencing Guidelines.--
(1) In general.--Pursuant to its authority under section
994(p) of title 28, United States Code, the United States
Sentencing Commission shall amend chapter 2 of the Federal
Sentencing Guidelines to provide an appropriate increase in
the offense 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.
(3) Sentencing enhancement for recruitment across state
lines.--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 a person who, in
violating section 522 of title 18, United States Code (as
added by section 201 of this Act), 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, solicit, induce, command, or cause another person to
be or to remain a member of a criminal street gang.
SEC. 210. PROHIBITIONS RELATING TO FIREARMS.
(a) Serious Juvenile Drug Offenses as Armed Career Criminal
Predicates.--Section 924(e)(2)(A) of title 18, United States
Code, is amended--
(1) in clause (i), by striking ``or'' at the end;
(2) in clause (ii), by adding ``or'' at the end; and
(3) by adding at the end the following:
``(iii) any act of juvenile delinquency that, if committed
by an adult, would be an offense described in clause (i) or
(ii);''.
(b) Transfer of Firearms to Minors for Use in Crime.--
Section 924(h) of title 18, United States Code, is amended by
inserting ``and if the transferee is a person who is under 18
years of age, imprisoned not less than 3 years,'' after ``10
years,''.
SEC. 211. CLONE PAGERS.
(a) In General.--Section 2511(2)(h) of title 18, United
States Code, is amended by striking clause (i) and inserting
the following:
``(i) to use a pen register, trap and trace device, or
clone pager, as those terms are defined in chapter 206 of
this title (relating to pen registers, trap and trace
devices, and clone pagers); or'';
(b) Exception.--Section 3121 of title 18, United States
Code, is amended--
(1) by striking subsection (a) and inserting the following:
``(a) In General.--Except as provided in this section, no
person may install or use a pen register, trap and trace
device, or clone pager without first obtaining a court order
under section 3123 or 3129 of this title, or under the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801
et seq.).'';
(2) in subsection (b), by striking ``a pen register or a
trap and trace device'' and inserting ``a pen register, trap
and trace device, or clone pager''; and
(3) by striking the section heading and inserting the
following:
``Sec. 3121. General prohibition on pen register, trap and
trace device, and clone pager use; exception''.
(c) Assistance.--Section 3124 of title 18, United States
Code, is amended--
(1) by redesignating subsections (c) through (f) as
subsections (d) through (g), respectively;
(2) by inserting after subsection (b) the following:
``(c) Clone Pager.--Upon the request of an attorney for the
Government or an officer of a law enforcement agency
authorized to use a clone pager under this chapter, a
provider of electronic communication service shall furnish to
such investigative or law enforcement officer all
information, facilities, and technical assistance necessary
to accomplish the use of the clone pager unobtrusively and
with a minimum of interference with the services that the
person so ordered by the court provides to the subscriber, if
such assistance is directed by a court order, as provided in
section 3129(b)(2) of this title.''; and
(3) by striking the section heading and inserting the
following:
``Sec. 3124. Assistance in installation and use of a pen
register, trap and trace device, or clone pager''.
(d) Emergency Installations.--Section 3125 of title 18,
United States Code, is amended--
(1) by striking ``pen register or a trap and trace device''
and ``pen register or trap and trace device'' each place they
appear and inserting ``pen register, trap and trace device,
or clone pager'';
(2) in subsection (a), by striking ``an order approving the
installation or use is issued in accordance with section 3123
of this title'' and inserting ``an application is made for an
order approving the installation or use in accordance with
section 3122 or section 3128 of this title'';
(3) in subsection (b), by adding at the end the following:
``If such application for the
[[Page S6094]]
use of a clone pager is denied, or in any other case in which
the use of the clone pager is terminated without an order
having been issued, an inventory shall be served as provided
for in section 3129(e) of this title.''; and
(4) by striking the section heading and inserting the
following:
``Sec. 3125. Emergency installation and use of pen register,
trap and trace device, and clone pager''.
(e) Reports.--Section 3126 of title 18, United States Code,
is amended--
(1) by striking ``pen register orders and orders for trap
and trace devices'' and inserting ``orders for pen registers,
trap and trace devices, and clone pagers''; and
(2) by striking the section heading and inserting the
following:
``Sec. 3126. Reports concerning pen registers, trap and trace
devices, and clone pagers''.
(f) Definitions.--Section 3127 of title 18, United States
Code, is amended--
(1) in paragraph (2)--
(A) in subparagraph (A), by striking ``or'' at the end; and
(B) by striking subparagraph (B) and inserting the
following:
``(B) with respect to an application for the use of a pen
register or trap and trace device, a court of general
criminal jurisdiction of a State authorized by the law of
that State to enter orders authorizing the use of a pen
register or a trap and trace device; or
``(C) with respect to an application for the use of a clone
pager, a court of general criminal jurisdiction of a State
authorized by the law of that State to issue orders
authorizing the use of a clone pager;'';
(2) in paragraph (5), by striking ``and'' at the end;
(3) in paragraph (6), by striking the period at the end and
inserting ``; and''; and
(4) by adding at the end the following:
``(7) the term `clone pager' means a numeric display device
that receives communications intended for another numeric
display paging device.''.
(g) Applications.--Chapter 206 of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 3128. Application for an order for use of a clone
pager
``(a) Application.--
``(1) Federal representatives.--Any attorney for the
Government may apply to a court of competent jurisdiction for
an order or an extension of an order under section 3129 of
this title authorizing the use of a clone pager.
``(2) State representatives.--A State investigative or law
enforcement officer may, if authorized by a State statute,
apply to a court of competent jurisdiction of such State for
an order or an extension of an order under section 3129 of
this title authorizing the use of a clone pager.
``(b) Contents of Application.--An application under
subsection (a) of this section shall include--
``(1) the identity of the attorney for the Government or
the State law enforcement or investigative officer making the
application and the identity of the law enforcement agency
conducting the investigation;
``(2) the identity, if known, of the individual or
individuals using the numeric display paging device to be
cloned;
``(3) a description of the numeric display paging device to
be cloned;
``(4) a description of the offense to which the information
likely to be obtained by the clone pager relates;
``(5) the identity, if known, of the person who is subject
of the criminal investigation; and
``(6) an affidavit or affidavits, sworn to before the court
of competent jurisdiction, establishing probable cause to
believe that information relevant to an ongoing criminal
investigation being conducted by that agency will be obtained
through use of the clone pager.
``Sec. 3129. Issuance of an order for use of a clone pager
``(a) In General.--Upon an application made under section
3128 of this title, the court shall enter an ex parte order
authorizing the use of a clone pager within the jurisdiction
of the court if the court finds that the application has
established probable cause to believe that information
relevant to an ongoing criminal investigation being conducted
by that agency will be obtained through use of the clone
pager.
``(b) Contents of an Order.--An order issued under this
section--
``(1) shall specify--
``(A) the identity, if known, of the individual or
individuals using the numeric display paging device to be
cloned;
``(B) the numeric display paging device to be cloned;
``(C) the identity, if known, of the subscriber to the
pager service; and
``(D) the offense to which the information likely to be
obtained by the clone pager relates; and
``(2) shall direct, upon the request of the applicant, the
furnishing of information, facilities, and technical
assistance necessary to use the clone pager under section
3124 of this title.
``(c) Time Period and Extensions.--
``(1) In general.--An order issued under this section shall
authorize the use of a clone pager for a period not to exceed
30 days. Such 30-day period shall begin on the earlier of the
day on which the investigative or law enforcement officer
first begins use of the clone pager under the order or the
tenth day after the order is entered.
``(2) Extensions.--Extensions of an order issued under this
section may be granted, but only upon an application for an
order under section 3128 of this title and upon the judicial
finding required by subsection (a). An extension under this
paragraph shall be for a period not to exceed 30 days.
``(3) Report.--Within a reasonable time after the
termination of the period of a clone pager order or any
extensions thereof under this subsection, the applicant shall
report to the issuing court the number of numeric pager
messages acquired through the use of the clone pager during
such period.
``(d) Nondisclosure of Existence of Clone Pager.--An order
authorizing the use of a clone pager shall direct that--
``(1) the order shall be sealed until otherwise ordered by
the court; and
``(2) the person who has been ordered by the court to
provide assistance to the applicant may not disclose the
existence of the clone pager or the existence of the
investigation to the listed subscriber, or to any other
person, until otherwise ordered by the court.
``(e) Notification.--
``(1) In general.--Within a reasonable time, not later than
90 days after the date of termination of the period of a
clone pager order or any extensions thereof, the issuing
judge shall cause to be served, on the individual or
individuals using the numeric display paging device that was
cloned, an inventory including notice of--
``(A) the fact of the entry of the order or the
application;
``(B) the date of the entry and the period of clone pager
use authorized, or the denial of the application; and
``(C) whether or not information was obtained through the
use of the clone pager.
``(2) Postponement.--Upon an ex-parte showing of good
cause, a court of competent jurisdiction may in its
discretion postpone the serving of the notice required by
this subsection.''.
(h) Clerical Amendments.--The table of sections for chapter
206 of title 18, United States Code, is amended--
(1) by striking the item relating to section 3121 and
inserting the following:
``3121. General prohibition on pen register, trap and trace device, and
clone pager use; exception.'';
(2) by striking the items relating to sections 3124, 3125,
and 3126 and inserting the following:
``3124. Assistance in installation and use of a pen register, trap and
trace device, or clone pager.
``3125. Emergency installation and use of pen register, trap and trace
device, and clone pager.
``3126. Reports concerning pen registers, trap and trace devices, and
clone pagers.''; and
(3) by adding at the end the following:
``3128. Application for an order for use of a clone pager.
``3129. Issuance of an order for use of a clone pager''.
(i) Conforming Amendment.--Section 704(a) of the
Communications Act of 1934 (47 U.S.C. 605(a)) is amended by
striking ``chapter 119,'' and inserting ``chapters 119 and
206 of''.
TITLE III--JUVENILE CRIME CONTROL, ACCOUNTABILITY, AND DELINQUENCY
PREVENTION
Subtitle A--Reform of the Juvenile Justice and Delinquency Prevention
Act of 1974
SEC. 301. FINDINGS; DECLARATION OF PURPOSE; DEFINITIONS.
Title I of the Juvenile Justice and Delinquency Prevention
Act of 1974 (42 U.S.C. 5601 et seq.) is amended to read as
follows:
``TITLE I--FINDINGS AND DECLARATION OF PURPOSE
``SEC. 101. FINDINGS.
``Congress makes the following findings:
``(1) During the past decade, the United States has
experienced an alarming increase in arrests of adolescents
for murder, assault, and weapons offenses.
``(2) In 1994, juveniles accounted for 1 in 5 arrests for
violent crimes, including murder, robbery, aggravated
assault, and rape, including 514 such arrests per 100,000
juveniles 10 through 17 years of age.
``(3) Understaffed and overcrowded juvenile courts,
prosecutorial and public defender offices, probation
services, and correctional facilities no longer adequately
address the changing nature of juvenile crime, protect the
public, or correct youth offenders.
``(4) The juvenile justice system has proven inadequate to
meet the needs of society and the needs of children who may
be at risk of becoming delinquents are not being met.
``(5) Existing programs and policies have not adequately
responded to the particular threats that drugs, alcohol
abuse, violence, and gangs pose to the youth of the Nation.
``(6) Projected demographic increases in the number of
youth offenders require reexamination of current prosecution
and incarceration policies for serious violent youth
offenders and crime prevention policies.
``(7) State and local communities require assistance to
deal comprehensively with the problems of juvenile
delinquency.
``(8) Existing Federal programs have not provided the
States with necessary flexibility, nor have these programs
provided the coordination, resources, and leadership required
to meet the crisis of youth violence.
``(9) Overlapping and uncoordinated Federal programs have
created a multitude of
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Federal funding streams to States and units of local
government, that have become a barrier to effective program
coordination, responsive public safety initiatives, and the
provision of comprehensive services for children and youth.
``(10) Violent crime by juveniles constitutes a growing
threat to the national welfare that requires an immediate and
comprehensive governmental response, combining flexibility
and coordinated evaluation.
``(11) The role of the Federal Government should be to
encourage and empower communities to develop and implement
policies to protect adequately the public from serious
juvenile crime as well as implement quality prevention
programs that work with at-risk juveniles, their families,
local public agencies, and community-based organizations.
``(12) A strong partnership among law enforcement, local
government, juvenile and family courts, schools, public
recreation agencies, businesses, philanthropic organizations,
families, and the religious community, can create a community
environment that supports the youth of the Nation in reaching
their highest potential and reduces the destructive trend of
juvenile crime.
``SEC. 102. PURPOSE AND STATEMENT OF POLICY.
``(a) In General.--The purposes of this Act are to--
``(1) empower States and communities to develop and
implement comprehensive programs that support families,
reduce risk factors, and prevent serious youth crime and
juvenile delinquency;
``(2) protect the public and to hold juveniles accountable
for their acts;
``(3) encourage and promote, consistent with the ideals of
federalism, the adoption by the States of policies
recognizing the rights of victims in the juvenile justice
system, and ensuring that the victims of violent crimes
committed by juveniles receive the same level of justice as
do the victims of violent crimes committed by adults;
``(4) provide for the thorough and ongoing evaluation of
all federally funded programs addressing juvenile crime and
delinquency;
``(5) provide technical assistance to public and private
nonprofit entities that protect public safety, administer
justice and corrections to delinquent youth, or provide
services to youth at risk of delinquency, and their families;
``(6) establish a centralized research effort on the
problems of youth crime and juvenile delinquency, including
the dissemination of the findings of such research and all
related data;
``(7) establish a Federal assistance program to deal with
the problems of runaway and homeless youth;
``(8) assist States and units of local government in
improving the administration of justice for juveniles;
``(9) assist the States and units of local government in
reducing the level of youth violence and juvenile
delinquency;
``(10) assist States and units of local government in
promoting public safety by supporting juvenile delinquency
prevention and control activities;
``(11) encourage and promote programs designed to keep in
school juvenile delinquents expelled or suspended for
disciplinary reasons;
``(12) assist States and units of local government in
promoting public safety by encouraging accountability for
acts of juvenile delinquency;
``(13) assist States and units of local government in
promoting public safety by improving the extent, accuracy,
availability and usefulness of juvenile court and law
enforcement records and the openness of the juvenile justice
system;
``(14) assist States and units of local government in
promoting public safety by encouraging the identification of
violent and hardcore juveniles;
``(15) assist States and units of local government in
promoting public safety by providing resources to States to
build or expand juvenile detention facilities;
``(16) provide for the evaluation of federally assisted
juvenile crime control programs, and the training necessary
for the establishment and operation of such programs;
``(17) ensure the dissemination of information regarding
juvenile crime control programs by providing a national
clearinghouse; and
``(18) provide technical assistance to public and private
nonprofit juvenile justice and delinquency prevention
programs.
``(b) Statement of Policy.--It is the policy of Congress to
provide resources, leadership, and coordination to--
``(1) combat youth violence and to prosecute and punish
effectively violent juvenile offenders;
``(2) enhance efforts to prevent juvenile crime and
delinquency; and
``(3) improve the quality of juvenile justice in the United
States.
``SEC. 103. DEFINITIONS.
``In this Act:
``(1) Administrator.--The term `Administrator' means the
Administrator of the Office of Juvenile Crime Control and
Prevention, appointed in accordance with section 201.
``(2) Adult inmate.--The term `adult inmate' means an
individual who--
``(A) has reached the age of full criminal responsibility
under applicable State law; and
``(B) has been arrested and is in custody for, awaiting
trial on, or convicted of criminal charges.
``(3) Boot camp.--The term `boot camp' means a residential
facility (excluding a private residence) at which there are
provided--
``(A) a highly regimented schedule of discipline, physical
training, work, drill, and ceremony characteristic of
military basic training;
``(B) regular, remedial, special, and vocational education;
``(C) counseling and treatment for substance abuse and
other health and mental health problems;
``(D) supervision by properly screened staff, who are
trained and experienced in working with juveniles or young
adults, in highly structured, disciplined surroundings,
characteristic of a military environment; and
``(E) participation in community service programs, such as
counseling sessions, mentoring, community service, or
restitution projects, and a comprehensive aftercare plan
developed through close coordination with Federal, State, and
local agencies, and in cooperation with business and private
organizations, as appropriate.
``(4) Bureau of justice assistance.--The term `Bureau of
Justice Assistance' means the bureau established by section
401 of title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3741).
``(5) Bureau of justice statistics.--The term `Bureau of
Justice Statistics' means the bureau established by section
302(a) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3732).
``(6) Collocated facilities.--The term `collocated
facilities' means facilities that are located in the same
building, or are part of a related complex of buildings
located on the same grounds.
``(7) Combination.--The term `combination' as applied to
States or units of local government means any grouping or
joining together of such States or units for the purpose of
preparing, developing, or implementing a juvenile crime
control and delinquency prevention plan.
``(8) Community-based.--The term `community-based'
facility, program, or service means a small, open group home
or other suitable place located near the juvenile's home or
family and programs of community supervision and service that
maintain community and consumer participation in the planning
operation, and evaluation of their programs which may
include, medical, educational, vocational, social, and
psychological guidance, training, special education,
counseling, alcoholism treatment, drug treatment, and other
rehabilitative services.
``(9) Comprehensive and coordinated system of services.--
The term `comprehensive and coordinated system of services'
means a system that--
``(A) ensures that services and funding for the prevention
and treatment of juvenile delinquency are consistent with
policy goals of preserving families and providing appropriate
services in the least restrictive environment so as to
simultaneously protect juveniles and maintain public safety;
``(B) identifies, and intervenes early for the benefit of,
young children who are at risk of developing emotional or
behavioral problems because of physical or mental stress or
abuse, and for the benefit of their families;
``(C) increases interagency collaboration and family
involvement in the prevention and treatment of juvenile
delinquency; and
``(D) encourages private and public partnerships in the
delivery of services for the prevention and treatment of
juvenile delinquency.
``(10) Construction.--The term `construction' means
erection of new buildings or acquisition, expansion,
remodeling, and alteration of existing buildings, and initial
equipment of any such buildings, or any combination of such
activities (including architects' fees but not the cost of
acquisition of land for buildings).
``(11) Federal juvenile crime control, prevention, and
juvenile offender accountability program.--The term `Federal
juvenile crime control, prevention, and juvenile offender
accountability program' means any Federal program a primary
objective of which is the prevention of juvenile crime or
reduction of the incidence of arrest, the commission of
criminal acts or acts of delinquency, violence, the use of
alcohol or illegal drugs, or the involvement in gangs among
juveniles.
``(12) Gender-specific services.--The term `gender-specific
services' means services designed to address needs unique to
the gender of the individual to whom such services are
provided.
``(13) Graduated sanctions.--The term `graduated sanctions'
means an accountability-based juvenile justice system that
protects the public, and holds juvenile delinquents
accountable for acts of delinquency by providing substantial
and appropriate sanctions that are graduated in such a manner
as to reflect (for each act of delinquency or offense) the
severity or repeated nature of that act or offense, and in
which there is sufficient flexibility to allow for
individualized sanctions and services suited to the
individual juvenile offender.
``(14) Home-based alternative services.--The term `home-
based alternative services' means services provided to a
juvenile in the home of the juvenile as an alternative to
incarcerating the juvenile, and includes home detention.
``(15) Indian tribe.--The term `Indian tribe' means any
Indian tribe, band, nation,
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or other organized group or community, including any Alaska
Native village or regional or village corporation as defined
in or established pursuant to the Alaska Native Claims
Settlement Act (43 U.S.C. 1601 et seq.), that is recognized
as eligible for the special programs and services provided by
the United States to Indians because of their status as
Indians.
``(16) Juvenile.--The term `juvenile' means a person who
has not attained the age of 18 years who is subject to
delinquency proceedings under applicable State law.
``(17) Juvenile population.--The term `juvenile population'
means the population of a State under 18 years of age.
``(18) Jail or lockup for adults.--The term `jail or lockup
for adults' means a locked facility that is used by a State,
unit of local government, or any law enforcement authority to
detain or confine adults--
``(A) pending the filing of a charge of violating a
criminal law;
``(B) awaiting trial on a criminal charge; or
``(C) convicted of violating a criminal law.
``(19) Juvenile delinquency program.--The term `juvenile
delinquency program' means any program or activity related to
juvenile delinquency prevention, control, diversion,
treatment, rehabilitation, planning, education, training, and
research, including--
``(A) drug and alcohol abuse programs;
``(B) the improvement of the juvenile justice system; and
``(C) any program or activity that is designed to reduce
known risk factors for juvenile delinquent behavior, by
providing activities that build on protective factors for,
and develop competencies in, juveniles to prevent and reduce
the rate of delinquent juvenile behavior.
``(20) Law enforcement and criminal justice.--The term `law
enforcement and criminal justice' means any activity
pertaining to crime prevention, control, or reduction or the
enforcement of the criminal law, including, but not limited
to police efforts to prevent, control, or reduce crime or to
apprehend criminals, activities of courts having criminal
jurisdiction and related agencies (including prosecutorial
and defender services), activities of corrections, probation,
or parole authorities, and programs relating to the
prevention, control, or reduction of juvenile delinquency or
narcotic addiction.
``(21) National institute of justice.--The term `National
Institute of Justice' means the institute established by
section 202(a) of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3721).
``(22) Nonprofit organization.--The term `nonprofit
organization' means an organization described in section
501(c)(3) of the Internal Revenue Code of 1986 that is exempt
from taxation under section 501(a) of the Internal Revenue
Code of 1986.
``(23) Office.--The term `Office' means the Office of
Juvenile Crime Control and Prevention established under
section 201.
``(24) Office of justice programs.--The term `Office of
Justice Programs' means the office established by section 101
of title I of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3711).
``(25) Outcome objective.--The term `outcome objective'
means an objective that relates to the impact of a program or
initiative, that measures the reduction of high risk
behaviors, such as incidence of arrest, the commission of
criminal acts or acts of delinquency, failure in school,
violence, the use of alcohol or illegal drugs, involvement of
youth gangs, violent and unlawful acts of animal cruelty, and
teenage pregnancy, among youth in the community.
``(26) Process objective.--The term `process objective'
means an objective that relates to the manner in which a
program or initiative is carried out, including--
``(A) an objective relating to the degree to which the
program or initiative is reaching the target population; and
``(B) an objective relating to the degree to which the
program or initiative addresses known risk factors for youth
problem behaviors and incorporates activities that inhibit
the behaviors and that build on protective factors for youth.
``(27) Prohibited physical contact.--
``(A) In general.--The term `prohibited physical contact'
means--
``(i) any physical contact between a juvenile and an adult
inmate; and
``(ii) proximity that provides an opportunity for physical
contact between a juvenile and an adult inmate.
``(B) Exclusion.--The term does not include supervised
proximity between a juvenile and an adult inmate that is
brief and inadvertent, or accidental, in secure areas of a
facility that are not dedicated to use by juvenile offenders
and that are nonresidential, which may include dining,
recreational, educational, vocational, health care, entry
areas, and passageways.
``(28) Related complex of buildings.--The term `related
complex of buildings' means 2 or more buildings that share--
``(A) physical features, such as walls and fences, or
services beyond mechanical services (heating, air
conditioning, water and sewer); or
``(B) the specialized services that are allowable under
section 31.303(e)(3)(i)(C)(3) of title 28, Code of Federal
Regulations, as in effect on December 10, 1996.
``(29) Secure correctional facility.--The term `secure
correctional facility' means any public or private
residential facility that--
``(A) includes construction fixtures designed to physically
restrict the movements and activities of juveniles or other
individuals held in lawful custody in such facility; and
``(B) is used for the placement, after adjudication and
disposition, of any juvenile who has been adjudicated as
having committed an offense or any other individual convicted
of a criminal offense.
``(30) Secure detention facility.--The term `secure
detention facility' means any public or private residential
facility that--
``(A) includes construction fixtures designed to physically
restrict the movements and activities of juveniles or other
individuals held in lawful custody in such facility; and
``(B) is used for the temporary placement of any juvenile
who is accused of having committed an offense or of any other
individual accused of having committed a criminal offense.
``(31) Serious crime.--The term `serious crime' means
criminal homicide, rape or other sex offenses punishable as a
felony, mayhem, kidnapping, aggravated assault, drug
trafficking, robbery, larceny or theft punishable as a
felony, motor vehicle theft, burglary or breaking and
entering, extortion accompanied by threats of violence, and
arson punishable as a felony.
``(32) State.--The term `State' means any State of the
United States, the District of Columbia, the Commonwealth of
Puerto Rico, the Virgin Islands, Guam, American Samoa, and
the Commonwealth of the Northern Mariana Islands.
``(33) State office.--The term `State office' means an
office designated by the chief executive officer of a State
to carry out this title, as provided in section 507 of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3757).
``(34) Sustained oral communication.--
``(A) In general.--The term `sustained oral communication'
means the imparting or interchange of speech by or between an
adult inmate and a juvenile.
``(B) Exception.--The term does not include--
``(i) communication that is accidental or incidental; or
``(ii) sounds or noises that cannot reasonably be
considered to be speech.
``(35) Treatment.--The term `treatment' includes medical
and other rehabilitative services designed to protect the
public, including any services designed to benefit addicts
and other users by--
``(A) eliminating their dependence on alcohol or other
addictive or nonaddictive drugs; or
``(B) controlling or reducing their dependence and
susceptibility to addiction or use.
``(36) Unit of local government.--The term `unit of local
government' means--
``(A) any city, county, township, town, borough, parish,
village, or other general purpose political subdivision of a
State;
``(B) any law enforcement district or judicial enforcement
district that--
``(i) is established under applicable State law; and
``(ii) has the authority to, in a manner independent of
other State entities, establish a budget and raise revenues;
``(C) an Indian tribe that performs law enforcement
functions, as determined by the Secretary of the Interior; or
``(D) for the purposes of assistance eligibility, any
agency of the government of the District of Columbia or the
Federal Government that performs law enforcement functions in
and for--
``(i) the District of Columbia; or
``(ii) any Trust Territory of the United States.
``(37) Valid court order.--The term `valid court order'
means a court order given by a juvenile court judge to a
juvenile--
``(A) who was brought before the court and made subject to
such order; and
``(B) who received, before the issuance of such order, the
full due process rights guaranteed to such juvenile by the
Constitution of the United States.
``(38) Violent crime.--The term `violent crime' means--
``(A) murder or nonnegligent manslaughter, forcible rape,
or robbery; or
``(B) aggravated assault committed with the use of a
firearm.
``(39) Youth.--The term `youth' means an individual who is
not less than 6 years of age and not more than 17 years of
age.''.
SEC. 302. JUVENILE CRIME CONTROL AND PREVENTION.
(a) In General.--Title II of the Juvenile Justice and
Delinquency Prevention Act of 1974 (42 U.S.C. 5611 et seq.)
is amended to read as follows:
``TITLE II--JUVENILE CRIME CONTROL AND PREVENTION
``PART A--OFFICE OF JUVENILE CRIME CONTROL AND PREVENTION
``SEC. 201. ESTABLISHMENT OF OFFICE.
``(a) In General.--There is established in the Department
of Justice, under the general authority of the Attorney
General, an Office of Juvenile Crime Control and Prevention.
``(b) Administrator.--
``(1) In general.--The Office shall be headed by an
Administrator, who shall be appointed by the President, by
and with the advice and consent of the Senate, from among
individuals who have had experience in juvenile delinquency
prevention and crime control programs.
``(2) Regulations.--The Administrator may prescribe
regulations consistent with this Act to award, administer,
modify, extend, terminate, monitor, evaluate, reject, or
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deny all grants and contracts from, and applications for,
amounts made available under this title.
``(3) Relationship to attorney general.--The Administrator
shall have the same reporting relationship with the Attorney
General as the directors of other offices and bureaus within
the Office of Justice Programs have with the Attorney
General.
``(c) Deputy Administrator.--There shall be in the Office a
Deputy Administrator, who shall be appointed by the Attorney
General. The Deputy Administrator shall perform such
functions as the Administrator may assign or delegate and
shall act as the Administrator during the absence or
disability of the Administrator.
``(d) Associate Administrator.--
``(1) In general.--There shall be in the Office an
Associate Administrator, who shall be appointed by the
Administrator, and who shall be treated as a career reserved
position within the meaning of section 3132 of title 5,
United States Code.
``(2) Duties.--The duties of the Associate Administrator
shall include keeping Congress, other Federal agencies,
outside organizations, and State and local government
officials informed about activities carried out by the
Office.
``(e) Delegation and Assignment.--
``(1) In general.--Except as otherwise expressly prohibited
by law or otherwise provided by this title, the Administrator
may--
``(A) delegate any of the functions of the Administrator,
and any function transferred or granted to the Administrator
after the date of enactment of the Violent and Repeat
Juvenile Offender Accountability and Rehabilitation Act of
1999, to such officers and employees of the Office as the
Administrator may designate; and
``(B) authorize successive redelegations of such functions
as may be necessary or appropriate.
``(2) Responsibility.--No delegation of functions by the
Administrator under this subsection or under any other
provision of this title shall relieve the Administrator of
responsibility for the administration of such functions.
``(f) Reorganization.--The Administrator may allocate or
reallocate any function transferred among the officers of the
Office, and establish, consolidate, alter, or discontinue
such organizational entities in that Office as may be
necessary or appropriate.
``SEC. 202. PERSONNEL, SPECIAL PERSONNEL, EXPERTS, AND
CONSULTANTS.
``(a) In General.--The Administrator may select, employ,
and fix the compensation of such officers and employees,
including attorneys, as are necessary to perform the
functions vested in the Administrator and to prescribe their
functions.
``(b) Officers.--The Administrator may select, appoint, and
employ not to exceed 4 officers and to fix their compensation
at rates not to exceed the maximum rate payable under section
5376 of title 5, United States Code.
``(c) Detail of Federal Personnel.--Upon the request of the
Administrator, the head of any Federal agency may detail, on
a reimbursable basis, any of its personnel to the
Administrator to assist the Administrator in carrying out the
functions of the Administrator under this title.
``(d) Services.--The Administrator may obtain services as
authorized by section 3109 of title 5, United States Code, at
rates not to exceed the rate now or hereafter payable under
section 5376 of title 5, United States Code.
``SEC. 203. VOLUNTARY SERVICE.
``The Administrator may accept and employ, in carrying out
the provisions of this Act, voluntary and uncompensated
services notwithstanding the provisions of section 3679(b) of
the Revised Statutes (31 U.S.C. 665(b)).
``SEC. 204. NATIONAL PROGRAM.
``(a) National Juvenile Crime Control, Prevention, and
Juvenile Offender Accountability Plan.--
``(1) In general.--Subject to the general authority of the
Attorney General, the Administrator shall develop objectives,
priorities, and short- and long-term plans, and shall
implement overall policy and a strategy to carry out such
plan, for all Federal juvenile crime control, prevention, and
juvenile offender accountability programs and activities
relating to improving juvenile crime control, the
rehabilitation of juvenile offenders, the prevention of
juvenile crime, and the enhancement of accountability by
offenders within the juvenile justice system in the United
States.
``(2) Contents of plans.--
``(A) In general.--Each plan described in paragraph (1)
shall--
``(i) contain specific, measurable goals and criteria for
reducing the incidence of crime and delinquency among
juveniles, improving juvenile crime control, and ensuring
accountability by offenders within the juvenile justice
system in the United States, and shall include criteria for
any discretionary grants and contracts, for conducting
research, and for carrying out other activities under this
title;
``(ii) provide for coordinating the administration of
programs and activities under this title with the
administration of all other Federal juvenile crime control,
prevention, and juvenile offender accountability programs and
activities, including proposals for joint funding to be
coordinated by the Administrator;
``(iii) provide a detailed summary and analysis of the most
recent data available regarding the number of juveniles taken
into custody, the rate at which juveniles are taken into
custody, the time served by juveniles in custody, and the
trends demonstrated by such data;
``(iv) provide a description of the activities for which
amounts are expended under this title;
``(v) provide specific information relating to the
attainment of goals set forth in the plan, including
specific, measurable standards for assessing progress toward
national juvenile crime reduction and juvenile offender
accountability goals; and
``(vi) provide for the coordination of Federal, State, and
local initiatives for the reduction of youth crime,
preventing delinquency, and ensuring accountability for
juvenile offenders.
``(B) Summary and analysis.--Each summary and analysis
under subparagraph (A)(iii) shall set out the information
required by clauses (i), (ii), and (iii) of this subparagraph
separately for juvenile nonoffenders, juvenile status
offenders, and other juvenile offenders. Such summary and
analysis shall separately address with respect to each
category of juveniles specified in the preceding sentence--
``(i) the types of offenses with which the juveniles are
charged;
``(ii) the ages of the juveniles;
``(iii) the types of facilities used to hold the juveniles
(including juveniles treated as adults for purposes of
prosecution) in custody, including secure detention
facilities, secure correctional facilities, jails, and
lockups;
``(iv) the length of time served by juveniles in custody;
and
``(v) the number of juveniles who died or who suffered
serious bodily injury while in custody and the circumstances
under which each juvenile died or suffered such injury.
``(C) Definition of serious bodily injury.--In this
paragraph, the term `serious bodily injury' means bodily
injury involving extreme physical pain or the impairment of a
function of a bodily member, organ, or mental faculty that
requires medical intervention such as surgery,
hospitalization, or physical rehabilitation.
``(3) Annual review.--The Administrator shall annually--
``(A) review each plan submitted under this subsection;
``(B) revise the plans, as the Administrator considers
appropriate; and
``(C) not later than March 1 of each year, present the
plans to the Committee on the Judiciary of the Senate and the
Committee on Education and the Workforce of the House of
Representatives.
``(b) Duties of Administrator.--In carrying out this title,
the Administrator shall--
``(1) advise the President through the Attorney General as
to all matters relating to federally assisted juvenile crime
control, prevention, and juvenile offender accountability
programs, and Federal policies regarding juvenile crime and
justice, including policies relating to juveniles prosecuted
or adjudicated in the Federal courts;
``(2) implement and coordinate Federal juvenile crime
control, prevention, and juvenile offender accountability
programs and activities among Federal departments and
agencies and between such programs and activities and other
Federal programs and activities that the Administrator
determines may have an important bearing on the success of
the entire national juvenile crime control, prevention, and
juvenile offender accountability effort including, in
consultation with the Director of the Office of Management
and Budget listing annually those programs to be considered
Federal juvenile crime control, prevention, and juvenile
accountability programs for the following fiscal year;
``(3) serve as a single point of contact for States, units
of local government, and private entities to apply for and
coordinate the use of and access to all Federal juvenile
crime control, prevention, and juvenile offender
accountability programs;
``(4) provide for the auditing of grants provided pursuant
to this title;
``(5) collect, prepare, and disseminate useful data
regarding the prevention, correction, and control of juvenile
crime and delinquency, and issue, not less frequently than
once each calendar year, a report on successful programs and
juvenile crime reduction methods utilized by States,
localities, and private entities;
``(6) ensure the performance of comprehensive rigorous
independent scientific evaluations, each of which shall--
``(A) be independent in nature, and shall employ rigorous
and scientifically valid standards and methodologies; and
``(B) include measures of outcome and process objectives,
such as reductions in juvenile crime, youth gang activity,
youth substance abuse, and other high risk factors, as well
as increases in protective factors that reduce the likelihood
of delinquency and criminal behavior;
``(7) involve consultation with appropriate authorities in
the States and with appropriate private entities in the
development, review, and revision of the plans required by
subsection (a) and in the development of policies relating to
juveniles prosecuted or adjudicated in the Federal courts;
[[Page S6098]]
``(8) provide technical assistance to the States, units of
local government, and private entities in implementing
programs funded by grants under this title;
``(9) provide technical and financial assistance to an
organization composed of member representatives of the State
advisory groups appointed under section 222(b)(2) to carry
out activities under this paragraph, if such an organization
agrees to carry out activities that include--
``(A) conducting an annual conference of such member
representatives for purposes relating to the activities of
such State advisory groups;
``(B) disseminating information, data, standards, advanced
techniques, and programs models developed through the
Institute and through programs funded under section 261; and
``(C) advising the Administrator with respect to particular
functions or aspects of the work of the Office; and
``(10) provide technical and financial assistance to an
eligible organization composed of member representatives of
the State advisory groups appointed under section 222(b)(2)
to assist such organization to carry out the functions
specified under subparagraph (A).
``(A) To be eligible to receive such assistance such
organization shall agree to carry out activities that
include--
``(i) conducting an annual conference of such member
representatives for purposes relating to the activities of
such State advisory groups; and
``(ii) disseminating information, data, standards, advanced
techniques, and program models developed through the
Institute and through programs funded under section 261.
``(c) Information, Reports, Studies, and Surveys From Other
Agencies.--The Administrator through the general authority of
the Attorney General, may require, through appropriate
authority, Federal departments and agencies engaged in any
activity involving any Federal juvenile crime control,
prevention, and juvenile offender accountability program to
provide the Administrator with such information and reports,
and to conduct such studies and surveys, as the Administrator
determines to be necessary to carry out the purposes of this
title.
``(d) Utilization of Services and Facilities of Other
Agencies; Reimbursement.--The Administrator, through the
general authority of the Attorney General, may utilize the
services and facilities of any agency of the Federal
Government and of any other public agency or institution in
accordance with appropriate agreements, and to pay for such
services either in advance or by way of reimbursement as may
be agreed upon.
``(e) Coordination of Functions of Administrator and
Secretary of Health and Human Services.--All functions of the
Administrator shall be coordinated as appropriate with the
functions of the Secretary of Health and Human Services under
title III.
``(f) Annual Juvenile Delinquency Development Statements.--
``(1) In general.--Each Federal agency that administers a
Federal juvenile crime control, prevention, and juvenile
offender accountability program shall annually submit to the
Administrator a juvenile crime control, prevention, and
juvenile offender accountability development statement.
``(2) Contents.--Each development statement submitted under
paragraph (1) shall contain such information, data, and
analyses as the Administrator may require. Such analyses
shall include an analysis of the extent to which the program
of the Federal agency submitting such development statement
conforms with and furthers Federal juvenile crime control,
prevention, and juvenile offender accountability, prevention,
and treatment goals and policies.
``(3) Review and comment.--
``(A) In general.--The Administrator shall review and
comment upon each juvenile crime control, prevention, and
juvenile offender accountability development statement
transmitted to the Administrator under paragraph (1).
``(B) Inclusion in other documentation.--The development
statement transmitted under paragraph (1), together with the
comments of the Administrator under subparagraph (A), shall
be--
``(i) included by the Federal agency involved in every
recommendation or request made by such agency for Federal
legislation that significantly affects juvenile crime
control, prevention, and juvenile offender accountability;
and
``(ii) made available for promulgation to and use by State
and local government officials, and by nonprofit
organizations involved in delinquency prevention programs.
``(g) Joint Funding.--Notwithstanding any other provision
of law, if funds are made available by more than 1 Federal
agency to be used by any agency, organization, institution,
or individual to carry out a Federal juvenile crime control,
prevention, or juvenile offender accountability program or
activity--
``(1) any 1 of the Federal agencies providing funds may be
requested by the Administrator to act for all in
administering the funds advanced; and
``(2) in such a case, a single non-Federal share
requirement may be established according to the proportion of
funds advanced by each Federal agency, and the Administrator
may order any such agency to waive any technical grant or
contract requirement (as defined in those regulations) that
is inconsistent with the similar requirement of the
administering agency or which the administering agency does
not impose.
``SEC. 205. JUVENILE DELINQUENCY PREVENTION CHALLENGE GRANT
PROGRAM.
``(a) Authority To Make Grants.--The Administrator may make
grants to eligible States in accordance with this part for
the purpose of providing financial assistance to eligible
entities to carry out projects designed to prevent juvenile
delinquency, including--
``(1) educational projects or supportive services for
delinquent or other juveniles--
``(A) to encourage juveniles to remain in elementary and
secondary schools or in alternative learning situations in
educational settings;
``(B) to provide services to assist juveniles in making the
transition to the world of work and self-sufficiency;
``(C) to assist in identifying learning difficulties
(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) that assist law enforcement personnel and juvenile
justice personnel to more effectively recognize and provide
for learning-disabled and other disabled juveniles;
``(G) that develop locally coordinated policies and
programs among education, juvenile justice, public
recreation, and social service agencies; or
``(H) to provide services to juveniles with serious mental
and emotional disturbances (SED) who are in need of mental
health services;
``(2) projects that provide support and treatment to--
``(A) juveniles who are at risk of delinquency because they
are the victims of child abuse or neglect; and
``(B) juvenile offenders who are victims of child abuse or
neglect and to their families, in order to reduce the
likelihood that such juvenile offenders will commit
subsequent violations of law;
``(3) to develop, implement or operate projects for the
prevention or reduction of truancy through partnerships
between local education agencies, local law enforcement, and,
as appropriate, other community groups;
``(4) projects that support State and local programs to
prevent juvenile delinquency by providing for--
``(A) assessments by qualified mental health professionals
of incarcerated juveniles who are suspected of being in need
of mental health services;
``(B) the development of individualized treatment plans for
juveniles determined to be in need of mental health services
pursuant to assessments under subparagraph (A);
``(C) the inclusion of discharge plans for incarcerated
juveniles determined to be in need of mental health services;
and
``(D) requirements that all juveniles receiving
psychotropic medication be under the care of a licensed
mental health professional;
``(5) one-on-one mentoring projects that are designed to
link at-risk juveniles and juvenile offenders who did not
commit serious crime, particularly juveniles residing in
high-crime areas and juveniles experiencing educational
failure, with responsible adults (such as law enforcement
officers, adults working with local businesses, public
recreation staff, and adults working for community-based
organizations and agencies) who are properly screened and
trained and that--
``(A) the State establish criteria to assess the quality of
those one-on-one mentoring projects;
``(B) the Administrator develop an annual report on the
best mentoring practices in those projects; and
``(C) the State choose exemplary projects, designated Gold
Star Mentoring Projects, to receive preferential access to
funding;
``(6) community-based projects and services (including
literacy and social service programs) that work with juvenile
offenders, including those from families with limited
English-speaking proficiency, their parents, their siblings,
and other family members during and after incarceration of
the juvenile offenders, in order to strengthen families, to
allow juvenile offenders to remain in their homes, and to
prevent the involvement of other juvenile family members in
delinquent activities;
``(7) projects designed to provide for the treatment of
juveniles for dependence on or abuse of alcohol, drugs, or
other harmful substances, giving priority to juveniles who
have been arrested for an alleged act of juvenile delinquency
or adjudicated delinquent;
``(8) projects that leverage funds to provide scholarships
for postsecondary education and training for low-income
juveniles who reside in neighborhoods with high rates of
poverty, violence, and drug-related crimes;
``(9) projects (including school- or community-based
projects) that are designed to prevent, and reduce 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
personnel and members of the business community) in the
activities conducted under such projects, including youth
violence courts targeted to juveniles aged 14 and younger;
``(10) comprehensive juvenile justice and delinquency
prevention projects that meet
[[Page S6099]]
the needs of juveniles through the collaboration of the many
local service systems juveniles encounter, including schools,
child abuse and neglect courts, courts, law enforcement
agencies, child protection agencies, mental health agencies,
welfare services, health care agencies, public recreation
agencies, and private nonprofit agencies offering services to
juveniles;
``(11) to develop, implement, and support, in conjunction
with public and private agencies, organizations, and
businesses, projects for the employment of juveniles and
referral to job training programs (including referral to
Federal job training programs);
``(12) delinquency prevention activities that 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 prevention activities, mediation skills
training, camping, environmental education, ethnic or
cultural enrichment, tutoring, and academic enrichment;
``(13) to establish policies and systems to incorporate
relevant child protective services records into juvenile
justice records for purposes of establishing treatment plans
for juvenile offenders;
``(14) family strengthening activities, such as mutual
support groups for parents and their children and
postadoption services for families who adopt children with
special needs;
``(15) adoptive parent recruitment activities targeted at
recruiting permanent adoptive families for older children and
children with special needs in the foster care system who are
at risk of entering the juvenile justice system;
``(16) projects to coordinate the delivery of adolescent
mental health and substance abuse services to children at
risk by coordinating councils composed of public and private
service providers;
``(17) partnerships between State educational agencies and
local educational agencies for the design and implementation
of character education and training programs that incorporate
the following elements of character: Caring, citizenship,
fairness, respect, responsibility and trustworthiness;
``(18) programs for positive youth development that provide
youth at risk of delinquency with--
``(A) an ongoing relationship with a caring adult (for
example, mentor, tutor, coach, or shelter youth worker);
``(B) safe places and structured activities during
nonschool hours;
``(C) a healthy start;
``(D) a marketable skill through effective education; and
``(E) an opportunity to give back through community
service;
``(19) projects that use neighborhood courts or panels that
increase victim satisfaction and require juveniles to make
restitution, or perform community service, for the damage
caused by their delinquent acts;
``(20) programs designed and operated to provide eligible
offenders with an alternative to adjudication that emphasizes
restorative justice;
``(21) projects that expand the use of probation officers--
``(A) particularly for the purpose of permitting nonviolent
juvenile offenders, including status offenders, to remain at
home with their families as an alternative to detention; and
``(B) to ensure that juveniles follow the terms of their
probation; and
``(22) projects that provide for initial intake screening,
which may include drug testing, of each juvenile taken into
custody--
``(A) to determine the likelihood that such juvenile will
commit a subsequent offense; and
``(B) to provide appropriate interventions to prevent such
juvenile from committing subsequent offenses.
``(b) Eligibility of States.--
``(1) Application.--To be eligible to receive a grant under
subsection (a), a State shall submit to the Administrator an
application that contains the following:
``(A) An assurance that the State will use--
``(i) not more than 5 percent of such grant, in the
aggregate, for--
``(I) the costs incurred by the State to carry out this
part; and
``(II) to evaluate, and provide technical assistance
relating to, projects and activities carried out with funds
provided under this part; and
``(ii) the remainder of such grant to make grants under
subsection (c).
``(B) An assurance that, and a detailed description of how,
such grant will support, and not supplant State and local
efforts to prevent juvenile delinquency.
``(C) An assurance that such application was prepared after
consultation with and participation by--
``(i) community-based organizations that carry out
programs, projects, or activities to prevent juvenile
delinquency; and
``(ii) police, sheriff, prosecutors, State or local
probation services, juvenile courts, schools, public
recreation agencies, businesses, and religious affiliated
fraternal, nonprofit, and social service organizations
involved in crime prevention.
``(D) An assurance that each eligible entity described in
subsection (c)(1) that receives an initial grant under
subsection (c) to carry out a project or activity shall also
receive an assurance from the State that such entity will
receive from the State, for the subsequent fiscal year to
carry out such project or activity, a grant under such
section in an amount that is proportional, based on such
initial grant and on the amount of the grant received under
subsection (a) by the State for such subsequent fiscal year,
but that does not exceed the amount specified for such
subsequent fiscal year in such application as approved by the
State.
``(E) An assurance that each eligible entity described in
subsection (c)(1) that receives a grant to carry out a
project or activity under subsection (c) has agreed to
provide a 50 percent match of the amount of the grant,
including the value of in-kind contributions to fund the
project or activity, except that the Administrator may for
good cause reduce the matching requirement to 33\1/3\ percent
for economically disadvantaged communities.
``(F) An assurance that projects or activities funded by a
grant under subsection (a) shall be carried out through or in
coordination with a court with a juvenile crime or
delinquency docket.
``(G) An assurance that of the grant funds remaining after
administrative costs are deducted consistent with
subparagraph (A)--
``(i) not less than 80 percent shall be used for the
purposes designated in paragraphs (1) through (18) of
subsection (a); and
``(ii) not less than 20 percent shall be used for the
purposes in paragraphs (19) through (22) of subsection (a).
``(H) Such other information as the Administrator may
reasonably require by rule.
``(2) Approval of applications.--
``(A) Approval required.--Subject to subparagraph (A), the
Administrator shall approve an application, and amendments to
such application submitted in subsequent fiscal years, that
satisfy the requirements of paragraph (1).
``(B) Limitation.--The Administrator may not approve such
application (including amendments to such application) for a
fiscal year unless--
``(i)(I) the State submitted a plan under section 222 for
such fiscal year; and
``(II) such plan is approved by the Administrator for such
fiscal year; or
``(ii) the Administrator waives the application of clause
(i) to such State for such fiscal year, after finding good
cause for such a waiver.
``(c) Grants for Local Projects.--
``(1) Selection from among applications.--
``(A) In general.--Using a grant received under subsection
(a), a State may make grants to eligible entities whose
applications are received by the State in accordance with
paragraph (2) to carry out projects and activities described
in subsection (a).
``(B) Special consideration.--For purposes of making such
grants, the State shall give special consideration to
eligible entities that--
``(i) propose to carry out such projects in geographical
areas in which there is--
``(I) a disproportionately high level of serious crime
committed by juveniles; or
``(II) a recent rapid increase in the number of nonstatus
offenses committed by juveniles;
``(ii)(I) agree to carry out such projects or activities
that are multidisciplinary and involve 2 or more eligible
entities; or
``(II) represent communities that have a comprehensive plan
designed to identify at-risk juveniles and to prevent or
reduce the rate of juvenile delinquency, and that involve
other entities operated by individuals who have a
demonstrated history of involvement in activities designed to
prevent juvenile delinquency; and
``(iii) state the amount of resources (in cash or in kind)
such entities will provide to carry out such projects and
activities.
``(2) Receipt of applications.--
``(A) In general.--Subject to subparagraph (B), a unit of
local government shall submit to the State simultaneously all
applications that are--
``(i) timely received by such unit from eligible entities;
and
``(ii) determined by such unit to be consistent with a
current plan formulated by such unit for the purpose of
preventing, and reducing the rate of, juvenile delinquency in
the geographical area under the jurisdiction of such unit.
``(B) Direct submission.--If an application submitted to
such unit by an eligible entity satisfies the requirements
specified in clauses (i) and (ii) of subparagraph (A), such
entity may submit such application directly to the State.
``(d) Eligibility of Entities.--
``(1) Eligibility.--Subject to paragraph (2) and except as
provided in paragraph (3), to be eligible to receive a grant
under subsection (c), a community-based organization, local
juvenile justice system officials (including prosecutors,
police officers, judges, probation officers, parole officers,
and public defenders), local education authority (as defined
in section 14101 of the Elementary and Secondary Education
Act of 1965 and including a school within such authority),
local recreation agency, nonprofit private organization
(including a faith-based organization), unit of local
government, or social service provider, and/or other entity
with a demonstrated history of involvement in the prevention
of juvenile delinquency, shall submit to a unit of local
government an application that contains the following:
``(A) An assurance that such applicant will use such grant,
and each such grant received for the subsequent fiscal year,
to carry out throughout a 2-year period a project or activity
described in reasonable detail, and of a
[[Page S6100]]
kind described in 1 or more of paragraphs (1) through (22) of
subsection (a) as specified in, such application.
``(B) A statement of the particular goals such project or
activity is designed to achieve, and the methods such entity
will use to achieve, and assess the achievement of, each of
such goals.
``(C) A statement identifying the research (if any) such
entity relied on in preparing such application.
``(2) Review and submission of applications.--Except as
provided in paragraph (3), an entity shall not be eligible to
receive a grant under subsection (c) unless--
``(A) such entity submits to a unit of local government an
application that--
``(i) satisfies the requirements specified in subsection
(a); and
``(ii) describes a project or activity to be carried out in
the geographical area under the jurisdiction of such unit;
and
``(B) such unit determines that such project or activity is
consistent with a current plan formulated by such unit for
the purpose of preventing, and reducing the rate of, juvenile
delinquency in the geographical area under the jurisdiction
of such unit.
``(3) Limitation.--If an entity that receives a grant under
subsection (c) to carry out a project or activity for a 2-
year period, and receives technical assistance from the State
or the Administrator after requesting such technical
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
goals specified in the application submitted by such entity
to receive such grants, then such entity shall not be
eligible to receive any subsequent grant under such section
to continue to carry out such project or activity.
``(e) Reporting Requirement.--Not later than 180 days after
the last day of each fiscal year, the Administrator shall
submit to the Chairman of the Committee on Education and the
Workforce of the House of Representatives and the Chairman of
the Committee on the Judiciary of the Senate a report, which
shall--
``(1) describe activities and accomplishments of grant
activities funded under this section;
``(2) describe procedures followed to disseminate grant
activity products and research findings;
``(3) describe activities conducted to develop policy and
to coordinate Federal agency and interagency efforts related
to delinquency prevention;
``(4) identify successful approaches and making the
recommendations for future activities to be conducted under
this section; and
``(5) describe, on a State-by-State basis, the total amount
of matching contributions made by States and eligible
entities for activities funded under this section.
``(f) Research and Evaluation.--
``(1) In general.--Except as provided in paragraph (2), of
the amount made available to carry out this section in each
fiscal year, the Administrator shall use the lesser of 5
percent or $5,000,000 for research, statistics, and
evaluation activities carried out in conjunction with the
grant programs under this section.
``(2) Exception.--No amount shall be available as provided
in paragraph (1) for a fiscal year, if amounts are made
available for that fiscal year for the National Institute of
Justice for evaluation research of juvenile delinquency
programs pursuant to subsection (b)(6) or (c)(6) of section
313.
``SEC. 206. GRANTS TO YOUTH ORGANIZATIONS.
``(a) Grant Program.--The Administrator may make grants to
Indian tribes (as defined in section 4(e) of the Indian Self-
Determination and Education Assistance Act) and national,
Statewide, or community-based, nonprofit organizations in
crime prone areas, (such as Boys and Girls Clubs, Police
Athletic Leagues, 4-H Clubs, YWCA, YMCA, Big Brothers and Big
Sisters, and Kids 'N Kops programs) for the purposes of--
``(1) providing constructive activities to youth during
after school hours, weekends, and school vacations;
``(2) providing supervised activities in safe environments
to youth in those areas, including activities through parks
and other recreation areas; and
``(3) providing anti-alcohol and other drug education to
prevent alcohol and other drug abuse among youth.
``(b) Applications.--
``(1) Eligibility.--In order to be eligible to receive a
grant under this section, the governing body of the Indian
tribe or the chief operating officer of a national,
Statewide, or community-based nonprofit organization shall
submit an application to the Administrator, in such form and
containing such information as the Administrator may
reasonably require.
``(2) Application requirements.--Each application submitted
in accordance with paragraph (1) shall include--
``(A) a request for a grant to be used for the purposes of
this section;
``(B) a description of the communities to be served by the
grant, including the nature of juvenile crime, violence, and
drug use in the communities;
``(C) written assurances that Federal funds received under
this section will be used to supplement and not supplant,
non-Federal funds that would otherwise be available for
activities funded under this section;
``(D) written assurances that all activities funded under
this section will be supervised by an appropriate number of
responsible adults;
``(E) a plan for assuring that program activities will take
place in a secure environment that is free of crime and
drugs; and
``(F) any additional statistical or financial information
that the Administrator may reasonably require.
``(c) Grant Awards.--In awarding grants under this section,
the Administrator shall consider--
``(1) the ability of the applicant to provide the intended
services;
``(2) the history and establishment of the applicant in
providing youth activities; and
``(3) the extent to which services will be provided in
crime prone areas, including efforts to achieve an equitable
geographic distribution of the grant awards.
``(d) Allocation.--Of the amounts made available to carry
out this section--
``(1) 20 percent shall be for grants to national or
Statewide nonprofit organizations; and
``(2) 80 percent shall be for grants to community-based,
nonprofit organizations.
``(e) Continued Availability.--Amounts made available under
this section shall remain available until expended.
``SEC. 207. GRANTS TO INDIAN TRIBES.
``(a) In General.--From the amount reserved under section
208(b) in each fiscal year, the Administrator shall make
grants to Indian tribes for programs pursuant to the
permissible purposes under section 205 and part B.
``(b) Applications.--
``(1) In general.--To be eligible to receive a grant under
this section, an Indian tribe shall submit to the
Administrator an application in such form and containing such
information as the Administrator may by regulation require.
``(2) Plans.--Each application submitted under paragraph
(1) shall include a plan for conducting projects described in
section 205(a), which plan shall--
``(A) provide evidence that the Indian tribe performs law
enforcement functions (as determined by the Secretary of the
Interior);
``(B) identify the juvenile justice and delinquency
problems and juvenile delinquency prevention needs to be
addressed by activities conducted by the Indian tribe in the
area under the jurisdiction of the Indian tribe with
assistance provided by the grant;
``(C) provide for fiscal control and accounting procedures
that--
``(i) are necessary to ensure the prudent use, proper
disbursement, and accounting of funds received under this
section; and
``(ii) are consistent with the requirements of subparagraph
(B); and
``(D) comply with the requirements of section 222(a)
(except that such subsection relates to consultation with a
State advisory group) and with the requirements of section
222(c); and
``(E) contain such other information, and be subject to
such additional requirements, as the Administrator may
reasonably prescribe to ensure the effectiveness of the grant
program under this section.
``(c) Factors for Consideration.--In awarding grants under
this section, the Administrator shall consider--
``(1) the resources that are available to each applicant
that will assist, and be coordinated with, the overall
juvenile justice system of the Indian tribe; and
``(2) for each Indian tribe that receives assistance under
such a grant--
``(A) the relative juvenile population; and
``(B) who will be served by the assistance provided by the
grant.
``(d) Grant Awards.--
``(1) In general.--
``(A) Competitive awards.--Except as provided in paragraph
(2), the Administrator shall annually award grants under this
section on a competitive basis. The Administrator shall enter
into a grant agreement with each grant recipient under this
section that specifies the terms and conditions of the grant.
``(B) Period of grant.--The period of each grant awarded
under this section shall be 2 years.
``(2) Exception.--In any case in which the Administrator
determines that a grant recipient under this section has
performed satisfactorily during the preceding year in
accordance with an applicable grant agreement, the
Administrator may--
``(A) waive the requirement that the recipient be subject
to the competitive award process described in paragraph
(1)(A); and
``(B) renew the grant for an additional grant period (as
specified in paragraph (1)(B)).
``(3) Modifications of processes.--The Administrator may
prescribe requirements to provide for appropriate
modifications to the plan preparation and application process
specified in subsection (b) for an application for a renewal
grant under paragraph (2)(B).
``(e) Reporting Requirement.--Each Indian tribe that
receives a grant under this section shall be subject to the
fiscal accountability provisions of section 5(f)(1) of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 450c(f)(1)), relating to the submission of a single-
agency audit report required by chapter 75 of title 31,
United States Code.
``(f) Matching Requirement.--Funds appropriated by Congress
for the activities of any agency of an Indian tribal
government or the Bureau of Indian Affairs performing law
enforcement functions on any Indian
[[Page S6101]]
lands may be used to provide the non-Federal share of any
program or project with a matching requirement funded under
this section.
``(g) Technical Assistance.--From the amount reserved under
section 208(b) in each fiscal year, the Administrator may
reserve 1 percent for the purpose of providing technical
assistance to recipients of grants under this section.
``SEC. 208. ALLOCATION OF GRANTS.
``(a) In General.--Subject to subsections (b), (c), and
(d), the amount allocated under section 291 to carry out
section 205 in each fiscal year shall be allocated to the
States as follows:
``(1) 0.5 percent shall be allocated to each eligible
State.
``(2) The amount remaining after the allocation under
subparagraph (A) shall be allocated among eligible States as
follows:
``(A) 50 percent of such amount shall be allocated
proportionately based on the juvenile population in the
eligible States.
``(B) 50 percent of such amount shall be allocated
proportionately based on the annual average number of arrests
for serious crimes committed in the eligible States by
juveniles during the then most recently completed period of 3
consecutive calendar years for which sufficient information
is available to the Administrator.
``(b) Reservation of Funds.--Notwithstanding any other
provision of law, from the amounts allocated under section
291 to carry out section 205 and part B in each fiscal year--
``(1) the Administrator shall reserve an amount equal to
the amount which all Indian tribes that qualify for a grant
under section 207 would collectively be entitled, if such
tribes were collectively treated as a State for purposes of
subsection (a); and
``(2) the Administrator shall reserve 5 percent to make
grants to States under section 209.
``(c) Exception.--The amount allocated to the Virgin
Islands of the United States, Guam, American Samoa, the Trust
Territory of the Pacific Islands, and the Commonwealth of the
Northern Mariana Islands shall be not less than $75,000 and
not more than $100,000.
``(d) Administrative Costs.--A State, unit of local
government, or eligible unit that receives funds under this
part may not use more than 5 percent of those funds to pay
for administrative costs.
``SEC. 209. CONFIDENTIAL REPORTING OF INDIVIDUALS SUSPECTED
OF IMMINENT SCHOOL VIOLENCE.
``(a) In General.--Grants under this section shall be known
as `CRISIS Grants'.
``(b) Authority to Make Grants.--From the amounts reserved
by the Administrator under section 208(b)(2), the
Administrator shall make a grant to each State in an amount
determined under subsection (d), for use in accordance with
subsection (c).
``(c) Use of Grant Amounts.--Amounts made available to a
State under a grant under this section may be used by the
State--
``(1) to support the independent State development and
operation of confidential, toll-free telephone hotlines that
will operate 7 days per week, 24 hours per day, in order to
provide students, school officials, and other individuals
with the opportunity to report specific threats of imminent
school violence or to report other suspicious or criminal
conduct by juveniles to appropriate State and local law
enforcement entities for investigation;
``(2) to ensure proper State training of personnel who
answer and respond to telephone calls to hotlines described
in paragraph (1);
``(3) to assist in the acquisition of technology necessary
to enhance the effectiveness of hotlines described in
paragraph (1), including the utilization of Internet web-
pages or resources;
``(4) to enhance State efforts to offer appropriate
counseling services to individuals who call a hotline
described in paragraph (1) threatening to do harm to
themselves or others; and
``(5) to further State efforts to publicize the services
offered by the hotlines described in paragraph (1) and to
encourage individuals to utilize those services.
``(d) Allocation to States.--The total amount reserved to
carry out this section in each fiscal year shall be allocated
to each State based on the proportion of the population of
the State that is less than 18 years of age.
``PART B--FEDERAL ASSISTANCE FOR STATE AND LOCAL PROGRAMS
``SEC. 221. AUTHORITY TO MAKE GRANTS AND CONTRACTS.
``(a) In General.--The Administrator may make grants to
States and units of local government, or combinations
thereof, to assist them in planning, establishing, operating,
coordinating, and evaluating projects directly or through
grants and contracts with public and private agencies for the
development of more effective education, training, research,
prevention, diversion, treatment, and rehabilitation programs
in the area of juvenile delinquency and programs to improve
the juvenile justice system.
``(b) Training and Technical Assistance.--
``(1) In general.--With not to exceed 2 percent of the
funds available in a fiscal year to carry out this part, the
Administrator shall make grants to and enter into contracts
with public and private agencies, organizations, and
individuals to provide training and technical assistance to
States, units of local governments (and combinations
thereof), and local private agencies to facilitate compliance
with section 222 and implementation of the State plan
approved under section 222(c).
``(2) Eligible recipients.--Grants may be made and
contracts may be entered into under paragraph (1) only to
public and private agencies, organizations, and individuals
that have experience in providing such training and technical
assistance. In providing such training and technical
assistance, the recipient of a grant or contract under this
subsection shall coordinate its activities with the State
agency described in section 222(a)(1).
``SEC. 222. STATE PLANS.
``(a) In General.--In order to receive formula grants under
this part, a State shall submit a plan, developed in
consultation with the State Advisory Group established by the
State under subsection (b)(2)(A), for carrying out its
purposes applicable to a 3-year period. A portion of any
allocation of formula grants to a State shall be available to
develop a State plan or for other activities associated with
such State plan which are necessary for efficient
administration, including monitoring, evaluation, and one
full-time staff position. The State shall submit annual
performance reports to the Administrator, each of which shall
describe progress in implementing programs contained in the
original plan, and amendments necessary to update the plan,
and shall describe the status of compliance with State plan
requirements. In accordance with regulations that the
Administrator shall prescribe, such plan shall--
``(1) designate a State agency as the sole agency for
supervising the preparation and administration of the plan;
``(2) contain satisfactory evidence that the State agency
designated in accordance with paragraph (1) has or will have
authority, by legislation if necessary, to implement such
plan in conformity with this part;
``(3) provide for the active consultation with and
participation of units of local government, or combinations
thereof, in the development of a State plan that adequately
takes into account the needs and requests of units of local
government, except that nothing in the plan requirements, or
any regulations promulgated to carry out such requirements,
shall be construed to prohibit or impede the State from
making grants to, or entering into contracts with, local
private agencies, including religious organizations;
``(4) to the extent feasible and consistent with paragraph
(5), provide for an equitable distribution of the assistance
received with the State, including rural areas;
``(5) require that the State or unit of local government
that is a recipient of amounts under this part distributes
those amounts intended to be used for the prevention of
juvenile delinquency and reduction of incarceration, to the
extent feasible, in proportion to the amount of juvenile
crime committed within those regions and communities;
``(6) provide assurances that youth coming into contact
with the juvenile justice system are treated equitably on the
basis of gender, race, family income, and disability;
``(7)(A) provide for--
``(i) an analysis of juvenile crime and delinquency
problems (including the joining of gangs that commit crimes)
and juvenile justice and delinquency prevention needs
(including educational needs) of the State (including any
geographical area in which an Indian tribe performs law
enforcement functions), a description of the services to be
provided, and a description of performance goals and
priorities, including a specific statement of the manner in
which programs are expected to meet the identified juvenile
crime problems (including the joining of gangs that commit
crimes) and juvenile justice and delinquency prevention needs
(including educational needs) of the State;
``(ii) an indication of the manner in which the programs
relate to other similar State or local programs that are
intended to address the same or similar problems; and
``(iii) a plan for the concentration of State efforts,
which shall coordinate all State juvenile crime control,
prevention, and delinquency programs with respect to overall
policy and development of objectives and priorities for all
State juvenile crime control and delinquency programs and
activities, including provision for regular meetings of State
officials with responsibility in the area of juvenile justice
and delinquency prevention;
``(B) contain--
``(i) a plan for providing needed gender-specific services
for the prevention and treatment of juvenile delinquency;
``(ii) a plan for providing needed services for the
prevention and treatment of juvenile delinquency in rural
areas; and
``(iii) a plan for providing needed mental health services
to juveniles in the juvenile justice system;
``(8) provide for the coordination and maximum utilization
of existing juvenile delinquency programs, programs operated
by public and private agencies and organizations, and other
related programs (such as education, special education,
recreation, health, and welfare programs) in the State;
``(9) provide for the development of an adequate research,
training, and evaluation capacity within the State;
``(10) provide that not less than 75 percent of the funds
available to the State under section 221, other than funds
made available to the State advisory group under this
section,
[[Page S6102]]
whether expended directly by the State, by the unit of local
government, or by a combination thereof, or through grants
and contracts with public or private nonprofit agencies,
shall be used for--
``(A) community-based alternatives (including home-based
alternatives) to incarceration and institutionalization,
including--
``(i) for youth who need temporary placement: crisis
intervention, shelter, and after-care; and
``(ii) for youth who need residential placement: a
continuum of foster care or group home alternatives that
provide access to a comprehensive array of services;
``(B) programs that assist in holding juveniles accountable
for their actions, including the use of graduated sanctions
and of neighborhood courts or panels that increase victim
satisfaction and require juveniles to make restitution for
the damage caused by their delinquent behavior;
``(C) comprehensive juvenile crime control and delinquency
prevention programs that meet the needs of youth through the
collaboration of the many local systems before which a youth
may appear, including schools, courts, law enforcement
agencies, child protection agencies, mental health agencies,
welfare services, health care agencies, public recreation
agencies, and private nonprofit agencies offering youth
services;
``(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 offenders will commit subsequent violations of law;
``(E) educational programs or supportive services for
delinquent or other juveniles--
``(i) to encourage juveniles to remain in elementary and
secondary schools or in alternative learning situations;
``(ii) to provide services to assist juveniles in making
the transition to the world of work and self-sufficiency; and
``(iii) enhance coordination with the local schools that
such juveniles would otherwise attend, to ensure that--
``(I) the instruction that juveniles receive outside school
is closely aligned with the instruction provided in school;
and
``(II) information regarding any learning problems
identified in such alternative learning situations are
communicated to the schools;
``(F) expanding the use of probation officers--
``(i) particularly for the purpose of permitting nonviolent
juvenile offenders (including status offenders) to remain at
home with their families as an alternative to incarceration
or institutionalization; and
``(ii) to ensure that juveniles follow the terms of their
probation;
``(G) one-on-one mentoring programs that are designed to
link at-risk juveniles and juvenile offenders, particularly
juveniles residing in high-crime areas and juveniles
experiencing educational failure, with responsible adults
(such as law enforcement officers, adults working with local
businesses, and adults working with community-based
organizations and agencies) who are properly screened and
trained;
``(H) programs designed to develop and implement projects
relating to juvenile delinquency and learning disabilities,
including on-the-job training programs to assist community
services, law enforcement, and juvenile justice personnel to
more effectively recognize and provide for learning disabled
and other juveniles with disabilities;
``(I) projects designed both to deter involvement in
illegal activities and to promote involvement in lawful
activities on the part of gangs whose membership is
substantially composed of youth;
``(J) programs and projects designed to provide for the
treatment of youths' dependence on or abuse of alcohol or
other addictive or nonaddictive drugs;
``(K) boot camps for juvenile offenders;
``(L) community-based programs and services to work with
juveniles, their parents, and other family members during and
after incarceration in order to strengthen families so that
such juveniles may be retained in their homes;
``(M) other activities (such as court-appointed advocates)
that the State determines will hold juveniles accountable for
their acts and decrease juvenile involvement in delinquent
activities;
``(N) establishing policies and systems to incorporate
relevant child protective services records into juvenile
justice records for purposes of establishing treatment plans
for juvenile offenders;
``(O) programs (including referral to literacy programs and
social service programs) to assist families with limited
English-speaking ability that include delinquent juveniles to
overcome language and other barriers that may prevent the
complete treatment of such juveniles and the preservation of
their families;
``(P) programs that utilize multidisciplinary interagency
case management and information sharing, that enable the
juvenile justice and law enforcement agencies, schools, and
social service agencies to make more informed decisions
regarding early identification, control, supervision, and
treatment of juveniles who repeatedly commit violent or
serious delinquent acts;
``(Q) programs designed to prevent and reduce hate crimes
committed by juveniles;
``(R) court supervised initiatives that address the illegal
possession of firearms by juveniles; and
``(S) programs for positive youth development that provide
delinquent youth and youth at-risk of delinquency with--
``(i) an ongoing relationship with a caring adult (for
example, mentor, tutor, coach, or shelter youth worker);
``(ii) safe places and structured activities during
nonschool hours;
``(iii) a healthy start;
``(iv) a marketable skill through effective education; and
``(v) an opportunity to give back through community
service;
``(11) shall provide that--
``(A) juveniles who are charged with or who have committed
an offense that would not be criminal if committed by an
adult, excluding--
``(i) juveniles who are charged with or who have committed
a violation of section 922(x)(2) of title 18, United States
Code, or of a similar State law;
``(ii) juveniles who are charged with or who have committed
a violation of a valid court order; and
``(iii) juveniles who are held in accordance with the
Interstate Compact on Juveniles as enacted by the State;
shall not be placed in secure detention facilities or secure
correctional facilities; and
``(B) juveniles--
``(i) who are not charged with any offense; and
``(ii) who are--
``(I) aliens; or
``(II) alleged to be dependent, neglected, or abused;
shall not be placed in secure detention facilities or secure
correctional facilities;
``(12) provide that--
``(A) juveniles alleged to be or found to be delinquent or
juveniles within the purview of paragraph (11) will not be
detained or confined in any institution in which they have
prohibited physical contact or sustained oral communication
with adult inmates; and
``(B) there is in effect in the State a policy that
requires individuals who work with both such juveniles and
such adult inmates, including in collocated facilities, have
been trained and certified to work with juveniles;
``(13) provide that no juvenile will be detained or
confined in any jail or lockup for adults except--
``(A) juveniles who are accused of nonstatus offenses and
who are detained in such jail or lockup for a period not to
exceed 6 hours--
``(i) for processing or release;
``(ii) while awaiting transfer to a juvenile facility; or
``(iii) in which period such juveniles make a court
appearance;
``(B) juveniles who are accused of nonstatus offenses, who
are awaiting an initial court appearance that will occur
within 48 hours after being taken into custody (excluding
Saturdays, Sundays, and legal holidays), and who are detained
or confined in a jail or lockup--
``(i) in which--
``(I) such juveniles do not have prohibited physical
contact or sustained oral communication with adult inmates;
and
``(II) there is in effect in the State a policy that
requires individuals who work with both such juveniles and
such adult inmates, including in collocated facilities, have
been trained and certified to work with juveniles; and
``(ii) that--
``(I) is located outside a metropolitan statistical area
(as defined by the Office of Management and Budget) and has
no existing acceptable alternative 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, Sundays, and legal holidays) so that a brief (not
to exceed an additional 48 hours) delay is excusable; or
``(III) is located where conditions of safety exist (such
as severe adverse, life-threatening weather conditions that
do not allow for reasonably safe travel), in which case the
time for an appearance may be delayed until 24 hours after
the time that such conditions allow for reasonable safe
travel;
``(C) juveniles who are accused of nonstatus offenses and
who are detained or confined in a jail or lockup that
satisfies the requirements of subparagraph (B)(i) if--
``(i) such jail or lockup--
``(I) is located outside a metropolitan statistical area
(as defined by the Office of Management and Budget); and
``(II) has no existing acceptable alternative placement
available;
``(ii) a parent or other legal guardian (or guardian ad
litem) of the juvenile involved consents to detaining or
confining such juvenile in accordance with this subparagraph
and the parent has the right to revoke such consent at any
time;
``(iii) the juvenile has counsel, and the counsel
representing such juvenile has an opportunity to present the
juvenile's position regarding the detention or confinement
involved to the court before the court finds that such
detention or confinement is in the best interest of such
juvenile and approves such detention or confinement; and
``(iv) detaining or confining such juvenile in accordance
with this subparagraph is--
``(I) approved in advance by a court with competent
jurisdiction;
``(II) required to be reviewed periodically, at intervals
of not more than 5 days (excluding Saturdays, Sundays, and
legal holidays),
[[Page S6103]]
by such court for the duration of detention or confinement,
which review may be in the presence of the juvenile; and
``(III) for a period preceding the sentencing (if any) of
such juvenile;
``(14) provide assurances that consideration will be given
to and that assistance will be available for approaches
designed to strengthen the families of delinquent and other
youth to prevent juvenile delinquency (which approaches
should include the involvement of grandparents or other
extended family members, when possible, and appropriate and
the provision of family counseling during the incarceration
of juvenile family members and coordination of family
services when appropriate and feasible);
``(15) provide for procedures to be established for
protecting the rights of recipients of services and for
assuring appropriate privacy with regard to records relating
to such services provided to any individual under the State
plan;
``(16) provide for such fiscal control and fund accounting
procedures necessary to assure prudent use, proper
disbursement, and accurate accounting of funds received under
this title;
``(17) provide reasonable assurances that Federal funds
made available under this part for any period shall be so
used as to supplement and increase (but not supplant) the
level of the State, local, and other non-Federal funds that
would in the absence of such Federal funds be made available
for the programs described in this part, and shall in no
event replace such State, local, and other non-Federal funds;
``(18) provide that the State agency designated under
paragraph (1) will, not less often than annually, review its
plan and submit to the Administrator an analysis and
evaluation of the effectiveness of the programs and
activities carried out under the plan, and any modifications
in the plan, including the survey of State and local needs,
that the agency considers necessary;
``(19) provide assurances that the State or each unit of
local government that is a recipient of amounts under this
part require that any person convicted of a sexual act or
sexual contact involving any other person who has not
attained the age of 18 years, and who is not less than 4
years younger than such convicted person, be tested for the
presence of any sexually transmitted disease and that the
results of such test be provided to the victim or to the
family of the victim as well as to any court or other
government agency with primary authority for sentencing the
person convicted for the commission of the sexual act or
sexual contact (as those terms are defined in paragraphs (2)
and (3), respectively, of section 2246 of title 18, United
States Code) involving a person not having attained the age
of 18 years;
``(20) provide that if a juvenile is taken into 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 representative 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 hearing to determine--
``(I) whether there is reasonable cause to believe that
such juvenile violated such order; and
``(II) the appropriate placement of such juvenile pending
disposition of the violation alleged;
``(21) specify a percentage, if any, of funds received by
the State under section 221 that the State will reserve for
expenditure by the State to provide incentive grants to units
of local government that reduce the case load of probation
officers within such units;
``(22) provide that the State, to the maximum extent
practicable, will implement a system to ensure that if a
juvenile is before a court in the juvenile justice system,
public child welfare records (including child protective
services records) relating to such juvenile that are on file
in the geographical area under the jurisdiction of such court
will be made known to such court;
``(23) unless the provisions of this paragraph are waived
at the discretion of the Administrator for any State in which
the services for delinquent or other youth are organized
primarily on a statewide basis, provide that at least 50
percent of funds received by the State under this section,
other than funds made available to the State advisory group,
shall be expended--
``(A) through programs of units of general local government
or combinations thereof, to the extent such programs are
consistent with the State plan; and
``(B) through programs of local private agencies, to the
extent such programs are consistent with the State plan,
except that direct funding of any local private agency by a
State shall be permitted only if such agency requests such
funding after it has applied for and been denied funding by
any unit of general local government or combination thereof;
``(24) provide for the establishment of youth tribunals and
peer `juries' in school districts in the State to promote
zero tolerance policies with respect to misdemeanor offenses,
acts of juvenile delinquency, and other antisocial behavior
occurring on school grounds, including truancy, vandalism,
underage drinking, and underage tobacco use;
``(25) provide for projects to coordinate the delivery of
adolescent mental health and substance abuse services to
children at risk by coordinating councils composed of public
and private service providers;
``(26) provide assurances that--
``(A) any assistance provided under this Act will not cause
the displacement (including a partial displacement, such as a
reduction in the hours of nonovertime work, wages, or
employment benefits) of any currently employed employee;
``(B) activities assisted under this Act will not impair an
existing collective bargaining relationship, contract for
services, or collective bargaining agreement; and
``(C) no such activity that would be inconsistent with the
terms of a collective bargaining agreement shall be
undertaken without the written concurrence of the labor
organization involved;
``(27) to the extent that segments of the juvenile
population are shown to be detained or confined in secure
detention facilities, secure correctional facilities, jails,
and lockups, to a greater extent than the proportion of these
groups in the general juvenile population, address prevention
efforts designed to reduce such disproportionate confinement,
without requiring the release or the failure to detain any
individual; and
``(28) demonstrate that the State has in effect a policy or
practice that requires State or local law enforcement
agencies to--
``(A) present before a judicial officer any juvenile who
unlawfully possesses a firearm in a school; and
``(B) detain such juvenile in an appropriate juvenile
facility or secure community-based placement for not less
than 24 hours for appropriate evaluation, upon a finding by
the judicial officer that the juvenile may be a danger to
himself or herself, to other individuals, or to the community
in which that juvenile resides.
``(b) Approval by State Agency.--
``(1) State agency.--The State agency designated under
subsection (a)(1) shall approve the State plan and any
modification thereof prior to submission of the plan to the
Administrator.
``(2) State advisory group.--
``(A) Establishment.--The State advisory group referred to
in subsection (a) shall be known as the `State Advisory
Group'. The State Advisory Group shall consist of
representatives from both the private and public sector, each
of whom shall be appointed for a term of not more than 6
years. The State shall ensure that members of the State
Advisory Group shall have experience in the area of juvenile
delinquency prevention, the prosecution of juvenile
offenders, the treatment of juvenile delinquency, the
investigation of juvenile crimes, or the administration of
juvenile justice programs, and shall include not less than 1
prosecutor and not less than 1 judge from a court with a
juvenile crime or delinquency docket. The chairperson of the
State Advisory Group shall not be a full-time employee of the
Federal Government or the State government.
``(B) Consultation.--
``(i) In general.--The State Advisory Group established
under subparagraph (A) shall--
``(I) participate in the development and review of the
State plan under this section before submission to the
supervisory agency for final action; and
``(II) be afforded an opportunity to review and comment,
not later than 30 days after the submission to the State
Advisory Group, on all juvenile justice and delinquency
prevention grant applications submitted to the State agency
designated under subsection (a)(1).
``(ii) Authority.--The State Advisory Group shall report to
the chief executive officer and the legislature of the State
on an annual basis regarding recommendations related to the
State's compliance under this section.
``(C) Funding.--From amounts reserved for administrative
costs, the State may make available to the State Advisory
Group such sums as may be necessary to assist the State
Advisory Group in adequately performing its duties under this
paragraph.
``(c) Compliance With Statutory Requirements.--
``(1) In general.--If a State fails to comply with any of
the applicable requirements of paragraph (11), (12), (13),
(27), or (28) of subsection (a) in any fiscal year beginning
after September 30, 2000, the amount allocated to such State
for the subsequent fiscal year shall be reduced by not to
exceed 10 percent for each such paragraph with respect to
which the failure occurs, unless the Administrator determines
that the State--
``(A) has achieved substantial compliance with such
applicable requirements with respect to which the State was
not in compliance; and
``(B) has made, through appropriate executive or
legislative action, an unequivocal commitment to achieving
full compliance with such applicable requirements within a
reasonable time.
``(2) Waiver.--The Administrator may, upon request by a
State showing good cause, waive the application of this
subsection with respect to such State.
``SEC. 223. ALLOCATION OF GRANTS.
``(a) In General.--Subject to subsections (b), (c), and
(d), the amount allocated under
[[Page S6104]]
section 291 to carry out this part in each fiscal year that
remains after reservation under section 208(b) for that
fiscal year shall be allocated to the States as follows:
``(1) 0.5 percent shall be allocated to each eligible
State.
``(2) The amount remaining after the allocation under
clause (i) shall be allocated proportionately based on the
juvenile population in the eligible States.
``(b) System Support Grants.--Of the amount allocated under
section 291 to carry out this part in each fiscal year that
remains after reservation under section 208(b) for that
fiscal year, up to 10 percent may be available for use by the
Administrator to provide--
``(1) training and technical assistance consistent with the
purposes authorized under sections 204, 205, and 221;
``(2) direct grant awards and other support to develop,
test, and demonstrate new approaches to improving the
juvenile justice system and reducing, preventing, and abating
delinquent behavior, juvenile crime, and youth violence;
``(3) for research and evaluation efforts to discover and
test methods and practices to improve the juvenile justice
system and reduce, prevent, and abate delinquent behavior,
juvenile crime, and youth violence; and
``(4) information, including information on best practices,
consistent with purposes authorized under sections 204, 205,
and 221.
``(c) Exception.--The amount allocated to the Virgin
Islands of the United States, Guam, American Samoa, the Trust
Territory of the Pacific Islands, and the Commonwealth of the
Northern Mariana Islands shall be not less than $75,000 and
not more than $100,000.
``(d) Administrative Costs.--A State, unit of local
government, or eligible unit that receives funds under this
part may not use more than 5 percent of those funds to pay
for administrative costs.
``PART C--NATIONAL PROGRAMS
``SEC. 241. ESTABLISHMENT OF NATIONAL INSTITUTE FOR JUVENILE
CRIME CONTROL AND DELINQUENCY PREVENTION.
``(a) In General.--There is established within the National
Institute of Justice a National Institute for Juvenile Crime
Control and Delinquency Prevention, the purpose of which
shall be to provide--
``(1) through the National Institute of Justice, for the
rigorous and independent evaluation of the delinquency and
youth violence prevention programs funded under this title;
and
``(2) funding for new research, through the National
Institute of Justice, on the nature, causes, and prevention
of juvenile violence and juvenile delinquency.
``(b) Administration.--The National Institute for Juvenile
Crime Control and Delinquency Prevention shall be under the
supervision and direction of the Director of the National
Institute of Justice (referred to in this part as the
`Director'), in consultation with the Administrator.
``(c) Coordination.--The activities of the National
Institute for Juvenile Crime Control and Delinquency
Prevention shall be coordinated with the activities of the
National Institute of Justice.
``(d) Duties of the Institute.--
``(1) In general.--The Administrator shall transfer
appropriated amounts to the National Institute of Justice, or
to other Federal agencies, for the purposes of new research
and evaluation projects funded by the National Institute for
Juvenile Crime Control and Delinquency Prevention, and for
evaluation of discretionary programs of the Office of
Juvenile Crime Control and Prevention.
``(2) Requirements.--Each evaluation and research study
funded with amounts transferred under paragraph (1) shall--
``(A) be independent in nature;
``(B) be awarded competitively; and
``(C) employ rigorous and scientifically recognized
standards and methodologies, including peer review by
nonapplicants.
``(e) Powers of the Institute.--In addition to the other
powers, express and implied, the National Institute for
Juvenile Crime Control and Delinquency Prevention may--
``(1) request any Federal agency to supply such statistics,
data, program reports, and other material as the National
Institute for Juvenile Crime Control and Delinquency
Prevention deems necessary to carry out its functions;
``(2) arrange with and reimburse the heads of Federal
agencies for the use of personnel or facilities or equipment
of such agencies;
``(3) confer with and avail itself of the cooperation,
services, records, and facilities of State, municipal, or
other public or private local agencies;
``(4) make grants and enter into contracts with public or
private agencies, organizations, or individuals for the
partial performance of any functions of the National
Institute for Juvenile Crime Control and Delinquency
Prevention; and
``(5) compensate consultants and members of technical
advisory councils who are not in the regular full-time employ
of the United States, at a rate now or hereafter payable
under section 5376 of title 5, United States Code, and while
away from home, or regular place of business, they may be
allowed travel expenses, including per diem in lieu of
subsistence, as authorized by section 5703 of title 5, United
States Code, for persons in the Government service employed
intermittently.
``(f) Information From Federal Agencies.--A Federal agency
that receives a request from the National Institute for
Juvenile Crime Control and Delinquency Prevention under
subsection (e)(1) may cooperate with the National Institute
for Juvenile Crime Control and Delinquency Prevention and
shall, to the maximum extent practicable, consult with and
furnish information and advice to the National Institute for
Juvenile Crime Control and Delinquency Prevention.
``SEC. 242. INFORMATION FUNCTION.
``The Administrator, in consultation with the Director,
shall--
``(1) on a continuing basis, review reports, data, and
standards relating to the juvenile justice system in the
United States;
``(2) serve as an information bank by collecting
systematically and synthesizing the knowledge obtained from
studies and research by public and private agencies,
institutions, or individuals concerning all aspects of
juvenile delinquency, including the prevention and treatment
of juvenile delinquency; and
``(3) serve as a clearinghouse and information center for
the preparation, publication, and dissemination of all
information regarding juvenile delinquency, including State
and local juvenile delinquency prevention and treatment
programs (including drug and alcohol programs and gender-
specific programs) and plans, availability of resources,
training and educational programs, statistics, and other
pertinent data and information.
``SEC. 242A. STATISTICAL ANALYSIS.
``The Administrator, under the supervision of the Assistant
Attorney General for the Office of Justice Programs, and in
consultation with the Director, may--
``(1) transfer funds to and enter into agreements with the
Bureau of Justice Statistics or, subject to the approval of
the Assistant Attorney General for the Office of Justice
Programs, to another Federal agency authorized by law to
undertake statistical work in juvenile justice matters, for
the purpose of providing for the collection, analysis, and
dissemination of statistical data and information relating to
juvenile crime, the juvenile justice system, and youth
violence, and for other purposes, consistent with the Violent
and Repeat Juvenile Offender Accountability Act of 1999; and
``(2) plan and identify, in consultation with the Director
of the Bureau of Justice Statistics, the purposes and goals
of each grant made or contract or other agreement entered
into under this title.
``SEC. 243. RESEARCH, DEMONSTRATION, AND EVALUATION
FUNCTIONS.
``(a) In General.--The Administrator, acting through the
National Institute for Juvenile Crime Control and Delinquency
Prevention, as appropriate, may--
``(1) conduct, encourage, and coordinate research and
evaluation into any aspect of juvenile delinquency,
particularly with regard to new programs and methods that
show promise of making a contribution toward the prevention
and treatment of juvenile delinquency;
``(2) encourage the development of demonstration projects
in new, innovative techniques and methods to prevent and
treat juvenile delinquency;
``(3) establish or expand programs that, in recognition of
varying degrees of the seriousness of delinquent behavior and
the corresponding gradations in the responses of the juvenile
justice system in response to that behavior, are designed
to--
``(A) encourage courts to develop and implement a continuum
of post-adjudication restraints that bridge the gap between
traditional probation and confinement in a correctional
setting (including expanded use of probation, mediation,
restitution, community service, treatment, home detention,
intensive supervision, electronic monitoring, boot camps and
similar programs, and secure community-based treatment
facilities linked to other support services such as health,
mental health, education (remedial and special), job
training, and recreation); and
``(B) assist in the provision by the Administrator of best
practices of information and technical assistance, including
technology transfer, to States in the design and utilization
of risk assessment mechanisms to aid juvenile justice
personnel in determining appropriate sanctions for delinquent
behavior;
``(4) encourage the development of programs that, in
addition to helping youth take responsibility for their
behavior, through control and incarceration, if necessary,
provide therapeutic intervention such as providing skills;
``(5) encourage the development and establishment of
programs to enhance the States' ability to identify chronic
serious and violent juvenile offenders who commit crimes such
as rape, murder, firearms offenses, gang-related crimes,
violent felonies, and serious drug offenses;
``(6) prepare, in cooperation with education institutions,
with Federal, State, and local agencies, and with appropriate
individuals and private agencies, such studies as it
considers to be necessary with respect to prevention of and
intervention with juvenile violence and delinquency and the
improvement of juvenile justice systems, including--
``(A) evaluations of programs and interventions designed to
prevent youth violence and juvenile delinquency;
``(B) assessments and evaluations of the methodological
approaches to evaluating the effectiveness of interventions
and programs
[[Page S6105]]
designed to prevent youth violence and juvenile delinquency;
``(C) studies of the extent, nature, risk, and protective
factors, and causes of youth violence and juvenile
delinquency;
``(D) comparisons of youth adjudicated and treated by the
juvenile justice system compared to juveniles waived to and
adjudicated by the adult criminal justice system (including
incarcerated in adult, secure correctional facilities);
``(E) recommendations with respect to effective and
ineffective primary, secondary, and tertiary prevention
interventions, including for which juveniles, and under what
circumstances (including circumstances connected with the
staffing of the intervention), prevention efforts are
effective and ineffective; and
``(F) assessments of risk prediction systems of juveniles
used in making decisions regarding pretrial detention;
``(7) disseminate the results of such evaluations and
research and demonstration activities particularly to persons
actively working in the field of juvenile delinquency;
``(8) disseminate pertinent data and studies to
individuals, agencies, and organizations concerned with the
prevention and treatment of juvenile delinquency; and
``(9) routinely collect, analyze, compile, publish, and
disseminate uniform national statistics concerning--
``(A) all aspects of juveniles as victims and offenders;
``(B) the processing and treatment, in the juvenile justice
system, of juveniles who are status offenders, delinquent,
neglected, or abused; and
``(C) the processing and treatment of such juveniles who
are treated as adults for purposes of the criminal justice
system.
``(b) Public Disclosure.--The Administrator or the
Director, as appropriate, shall make available to the
public--
``(1) the results of research, demonstration, and
evaluation activities referred to in subsection (a)(8);
``(2) the data and studies referred to in subsection
(a)(9); and
``(3) regular reports regarding each State's objective
measurements of youth violence, such as the number, rate, and
trend of homicides committed by youths.
``SEC. 244. TECHNICAL ASSISTANCE AND TRAINING FUNCTIONS.
``The Administrator may--
``(1) provide technical assistance and training assistance
to Federal, State, and local governments and to courts,
public and private agencies, institutions, and individuals in
the planning, establishment, funding, operation, and
evaluation of juvenile delinquency programs;
``(2) develop, conduct, and provide for training programs
for the training of professional, paraprofessional, and
volunteer personnel, and other persons who are working with
or preparing to work with juveniles, juvenile offenders
(including juveniles who commit hate crimes), and their
families;
``(3) develop, conduct, and provide for seminars,
workshops, and training programs in the latest proven
effective techniques and methods of preventing and treating
juvenile delinquency for law enforcement officers, juvenile
judges, prosecutors, and defense attorneys, and other court
personnel, probation officers, correctional personnel, and
other Federal, State, and local government personnel who are
engaged in work relating to juvenile delinquency;
``(4) develop technical training teams to aid in the
development of training programs in the States and to assist
State and local agencies that work directly with juveniles
and juvenile offenders; and
``(5) provide technical assistance and training to assist
States and units of general local government.
``SEC. 245. ESTABLISHMENT OF TRAINING PROGRAM.
``(a) In General.--The Administrator shall establish a
training program designed to train enrollees with respect to
methods and techniques for the prevention and treatment of
juvenile delinquency, including methods and techniques
specifically designed to prevent and reduce the incidence of
hate crimes committed by juveniles. In carrying out this
program the Administrator may make use of available State and
local services, equipment, personnel, facilities, and the
like.
``(b) Qualifications for Enrollment.--Enrollees in the
training program established under this section shall be
drawn from law enforcement and correctional personnel
(including volunteer lay personnel), teachers and special
education personnel, family counselors, child welfare
workers, juvenile judges and judicial personnel, persons
associated with law-related education, public recreation
personnel, youth workers, and representatives of private
agencies and organizations with specific experience in the
prevention and treatment of juvenile delinquency.
``SEC. 246. REPORT ON STATUS OFFENDERS.
``Not later than September 1, 2002, the Administrator,
through the National Institute of Justice, shall--
``(1) conduct a study on the effect of incarceration on
status offenders compared to similarly situated individuals
who are not placed in secure detention in terms of the
continuation of their inappropriate or illegal conduct,
delinquency, or future criminal behavior, and evaluating the
safety of status offenders placed in secure detention; and
``(2) submit to the Chairman and Ranking Member of the
Committee on the Judiciary of the Senate and the Chairman and
Ranking Member of the Committee on Education and the
Workforce of the House of Representatives a report on the
results of the study conducted under paragraph (1).
``SEC. 247. CONSIDERATIONS FOR APPROVAL OF APPLICATIONS.
``(a) In General.--Any agency, institution, or individual
seeking to receive a grant, or enter into a contract, under
section 243, 244, or 245 shall submit an application at such
time, in such manner, and containing or accompanied by such
information as the Administrator or the Director, as
appropriate, may prescribe.
``(b) Application Contents.--In accordance with guidelines
established by the Administrator or the Director, as
appropriate, each application for assistance under section
243, 244, or 245 shall--
``(1) set forth a program for carrying out 1 or more of the
purposes set forth in section 243, 244, or 245, and
specifically identify each such purpose such program is
designed to carry out;
``(2) provide that such program shall be administered by or
under the supervision of the applicant;
``(3) provide for the proper and efficient administration
of such program;
``(4) provide for regular evaluation of such program; and
``(5) provide for such fiscal control and fund accounting
procedures as may be necessary to ensure prudent use, proper
disbursement, and accurate accounting of funds received under
this title.
``(c) Factors for Consideration.--In determining whether or
not to approve applications for grants and for contracts
under this part, the Administrator or the Director, as
appropriate, shall consider--
``(1) whether the project uses appropriate and rigorous
methodology, including appropriate samples, control groups,
psychometrically sound measurement, and appropriate data
analysis techniques;
``(2) the experience of the principal and coprincipal
investigators in the area of youth violence and juvenile
delinquency;
``(3) the protection offered human subjects in the study,
including informed consent procedures; and
``(4) the cost-effectiveness of the proposed project.
``(d) Selection Process.--
``(1) In general.--
``(A) Competitive process.--Subject to subparagraph (B),
programs selected for assistance through grants or contracts
under section 243, 244, or 245 shall be selected through a
competitive process, which shall be established by the
Administrator or the Director, as appropriate, by rule. As
part of such a process, the Administrator or the Director, as
appropriate, shall announce in the Federal Register--
``(i) the availability of funds for such assistance;
``(ii) the general criteria applicable to the selection of
applicants to receive such assistance; and
``(iii) a description of the procedures applicable to
submitting and reviewing applications for such assistance.
``(B) Waiver.--The competitive process described in
subparagraph (A) shall not be required if the Administrator
or the Director, as appropriate, makes a written
determination waiving the competitive process with respect to
a program to be carried out in an area with respect to which
the President declares under the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.)
that a major disaster or emergency exists.
``(2) Review process.--
``(A) In general.--Programs selected for assistance through
grants and contracts under this part shall be selected after
a competitive process that provides potential grantees and
contractors with not less than 90 days to submit applications
for funds. Applications for funds shall be reviewed through a
formal peer review process by qualified scientists with
expertise in the fields of criminology, juvenile delinquency,
sociology, psychology, research methodology, evaluation
research, statistics, and related areas. The peer review
process shall conform to the process used by the National
Institutes of Health, the National Institute of Justice, or
the National Science Foundation.
``(B) Establishment of process.--Such process shall be
established by the Administrator or the Director, as
appropriate, in consultation with the Directors and other
appropriate officials of the National Science Foundation and
the National Institute of Mental Health. Before
implementation of such process, the Administrator or the
Director, as appropriate, shall submit such process to such
Directors, each of whom shall prepare and furnish to the
Chairman of the Committee on Education and the Workforce of
the House of Representatives and the Chairman of the
Committee on the Judiciary of the Senate a final report
containing their comments on such process as proposed to be
established.
``(3) Emergency expedited consideration.--In establishing
the process required under paragraphs (1) and (2), the
Administrator or the Director, as appropriate, shall provide
for emergency expedited consideration of a proposed program
if the Administrator or the Director, as appropriate,
determines such action to be necessary in order to avoid a
delay that would preclude carrying out the program.
[[Page S6106]]
``(e) Effect of Population.--A city shall not be denied
assistance under section 243, 244, or 245 solely on the basis
of its population.
``(f) Notification Process.--Notification of grants and
contracts made under sections 243, 244, and 245 (and the
applications submitted for such grants and contracts) shall,
upon being made, be transmitted by the Administrator or the
Director, as appropriate, to the Chairman of the Committee on
Education and the Workforce of the House of Representatives
and the Chairman of the Committee on the Judiciary of the
Senate.
``SEC. 248. STUDY OF VIOLENT ENTERTAINMENT.
``(a) Requirement.--The National Institutes of Health shall
conduct a study of the effects of violent video games and
music on child development and youth violence.
``(b) Elements.--The study under subsection (a) shall
address--
``(1) whether, and to what extent, violence in video games
and music adversely affects the emotional and psychological
development of juveniles; and
``(2) whether violence in video games and music contributes
to juvenile delinquency and youth violence.
``PART D--GANG-FREE SCHOOLS AND COMMUNITIES; COMMUNITY-BASED GANG
INTERVENTION
``SEC. 251. DEFINITION OF JUVENILE.
``In this part, the term `juvenile' means an individual who
has not attained the age of 22 years.
``SEC. 252. GANG-FREE SCHOOLS AND COMMUNITIES.
``(a) In General.--
``(1) The Administrator shall make grants to or enter into
contracts with public agencies (including local educational
agencies) and private nonprofit agencies, organizations, and
institutions to establish and support programs and activities
that involve families and communities and that are designed
to carry out any of the following purposes:
``(A) To prevent and to reduce the participation of
juveniles in the activities of gangs that commit crimes. Such
programs and activities may include--
``(i) individual, peer, family, and group counseling,
including the provision of life skills training and
preparation for living independently, which shall include
cooperation with social services, welfare, and health care
programs;
``(ii) education, recreation, and social services designed
to address the social and developmental needs of juveniles
that such juveniles would otherwise seek to have met through
membership in gangs;
``(iii) crisis intervention and counseling to juveniles,
who are particularly at risk of gang involvement, and their
families, including assistance from social service, welfare,
health care, mental health, and substance abuse prevention
and treatment agencies where necessary;
``(iv) the organization of neighborhood and community
groups to work closely with parents, schools, law
enforcement, and other public and private agencies in the
community; and
``(v) training and assistance to adults who have
significant relationships with juveniles who are or may
become members of gangs, to assist such adults in providing
constructive alternatives to participating in the activities
of gangs.
``(B) To develop within the juvenile adjudicatory and
correctional systems new and innovative means to address the
problems of juveniles convicted of serious drug-related and
gang-related offenses.
``(C) To target elementary school students, with the
purpose of steering students away from gang involvement.
``(D) To provide treatment to juveniles who are members of
such gangs, including members who are accused of committing a
serious crime and members who have been adjudicated as being
delinquent.
``(E) To promote the involvement of juveniles in lawful
activities in geographical areas in which gangs commit
crimes.
``(F) To promote and support, with the cooperation of
community-based organizations experienced in providing
services to juveniles engaged in gang-related activities and
the cooperation of local law enforcement agencies, the
development of policies and activities in public elementary
and secondary schools that will assist such schools in
maintaining a safe environment conducive to learning.
``(G) To assist juveniles who are or may become members of
gangs to obtain appropriate educational instruction, in or
outside a regular school program, including the provision of
counseling and other services to promote and support the
continued participation of such juveniles in such
instructional programs.
``(H) To expand the availability of prevention and
treatment services relating to the illegal use of controlled
substances and controlled substance analogues (as defined in
paragraphs (6) and (32) of section 102 of the Controlled
Substances Act (21 U.S.C. 802)) by juveniles, provided
through State and local health and social services agencies.
``(I) To provide services to prevent juveniles from coming
into contact with the juvenile justice system again as a
result of gang-related activity.
``(J) To provide services authorized in this section at a
special location in a school or housing project or other
appropriate site.
``(K) To support activities to inform juveniles of the
availability of treatment and services for which financial
assistance is available under this section.
``(2) From not more than 15 percent of the total amount
appropriated to carry out this part in each fiscal year, the
Administrator may make grants to and enter into contracts
with public agencies and private nonprofit agencies,
organizations, and institutions--
``(A) to conduct research on issues related to juvenile
gangs;
``(B) to evaluate the effectiveness of programs and
activities funded under paragraph (1); and
``(C) to increase the knowledge of the public (including
public and private agencies that operate or desire to operate
gang prevention and intervention programs) by disseminating
information on research and on effective programs and
activities funded under this section.
``(b) Approval of Applications.--
``(1) In general.--Any agency, organization, or institution
seeking to receive a grant, or to enter into a contract,
under this section shall submit an application at such time,
in such manner, and containing such information as the
Administrator may prescribe.
``(2) Application contents.--In accordance with guidelines
established by the Administrator, each application submitted
under paragraph (1) shall--
``(A) set forth a program or activity for carrying out 1 or
more of the purposes specified in subsection (a) and
specifically identify each such purpose such program or
activity is designed to carry out;
``(B) provide that such program or activity shall be
administered by or under the supervision of the applicant;
``(C) provide for the proper and efficient administration
of such program or activity;
``(D) provide for regular evaluation of such program or
activity;
``(E) provide an assurance that the proposed program or
activity will supplement, not supplant, similar programs and
activities already available in the community;
``(F) describe how such program or activity is coordinated
with programs, activities, and services available locally
under part B or C of this title, and under chapter 1 of
subtitle B of title III of the Anti-Drug Abuse Act of 1988
(42 U.S.C. 11801-11805);
``(G) certify that the applicant has requested the State
planning agency to review and comment on such application and
summarize the responses of such State planning agency to such
request;
``(H) provide that regular reports on such program or
activity shall be sent to the Administrator and to such State
planning agency; and
``(I) provide for such fiscal control and fund accounting
procedures as may be necessary to ensure prudent use, proper
disbursement, and accurate accounting of funds received under
this section.
``(3) Priority.--In reviewing applications for grants and
contracts under this section, the Administrator shall give
priority to applications--
``(A) submitted by, or substantially involving, local
educational agencies (as defined in section 1471 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
2891));
``(B) based on the incidence and severity of crimes
committed by gangs whose membership is composed primarily of
juveniles in the geographical area in which the applicants
propose to carry out the programs and activities for which
such grants and contracts are requested; and
``(C) for assistance for programs and activities that--
``(i) are broadly supported by public and private nonprofit
agencies, organizations, and institutions located in such
geographical area; and
``(ii) will substantially involve the families of juvenile
gang members in carrying out such programs or activities.
``SEC. 253. COMMUNITY-BASED GANG INTERVENTION.
``(a) In General.--The Administrator shall make grants to
or enter into contracts with public and private nonprofit
agencies, organizations, and institutions to carry out
programs and activities--
``(1) to reduce the participation of juveniles in the
illegal activities of gangs;
``(2) to develop regional task forces involving State,
local, and community-based organizations to coordinate the
disruption of gangs and the prosecution of juvenile gang
members and to curtail interstate activities of gangs; and
``(3) to facilitate coordination and cooperation among--
``(A) local education, juvenile justice, employment,
recreation, and social service agencies; and
``(B) community-based programs with a proven record of
effectively providing intervention services to juvenile gang
members for the purpose of reducing the participation of
juveniles in illegal gang activities; and
``(4) to support programs that, in recognition of varying
degrees of the seriousness of delinquent behavior and the
corresponding gradations in the responses of the juvenile
justice system in response to that behavior, are designed
to--
``(A) encourage courts to develop and implement a continuum
of post-adjudication restraints that bridge the gap between
traditional probation and confinement in a correctional
setting (including expanded use of probation, mediation,
restitution, community service, treatment, home detention,
intensive supervision, electronic monitoring,
[[Page S6107]]
boot camps and similar programs, and secure community-based
treatment facilities linked to other support services such as
health, mental health, education (remedial and special), job
training, and recreation); and
``(B) assist in the provision by the Administrator of
information and technical assistance, including technology
transfer, to States in the design and utilization of risk
assessment mechanisms to aid juvenile justice personnel in
determining appropriate sanctions for delinquent behavior.
``(b) Eligible Programs and Activities.--Programs and
activities for which grants and contracts are to be made
under this section may include--
``(1) the hiring of additional State and local prosecutors,
and the establishment and operation of programs, including
multijurisdictional task forces, for the disruption of gangs
and the prosecution of gang members;
``(2) developing within the juvenile adjudicatory and
correctional systems new and innovative means to address the
problems of juveniles convicted of serious drug-related and
gang-related offenses;
``(3) providing treatment to juveniles who are members of
such gangs, including members who are accused of committing a
serious crime and members who have been adjudicated as being
delinquent;
``(4) promoting the involvement of juveniles in lawful
activities in geographical areas in which gangs commit
crimes;
``(5) expanding the availability of prevention and
treatment services relating to the illegal use of controlled
substances and controlled substances analogues (as defined in
paragraphs (6) and (32) of section 102 of the Controlled
Substances Act (21 U.S.C. 802)), by juveniles, provided
through State and local health and social services agencies;
``(6) providing services to prevent juveniles from coming
into contact with the juvenile justice system again as a
result of gang-related activity; or
``(7) supporting activities to inform juveniles of the
availability of treatment and services for which financial
assistance is available under this section.
``(c) Approval of Applications.--
``(1) In general.--Any agency, organization, or institution
desiring to receive a grant, or to enter into a contract,
under this section shall submit an application at such time,
in such manner, and containing such information as the
Administrator may prescribe.
``(2) Application contents.--In accordance with guidelines
established by the Administrator, each application submitted
under paragraph (1) shall--
``(A) set forth a program or activity for carrying out 1 or
more of the purposes specified in subsection (a) and
specifically identify each such purpose such program or
activity is designed to carry out;
``(B) provide that such program or activity shall be
administered by or under the supervision of the applicant;
``(C) provide for the proper and efficient administration
of such program or activity;
``(D) provide for regular evaluation of such program or
activity;
``(E) provide an assurance that the proposed program or
activity will supplement, not supplant, similar programs and
activities already available in the community;
``(F) describe how such program or activity is coordinated
with programs, activities, and services available locally
under part B of this title and under chapter 1 of subtitle B
of title III of the Anti-Drug Abuse Act of 1988 (42 U.S.C.
11801-11805);
``(G) certify that the applicant has requested the State
planning agency to review and comment on such application and
summarize the responses of such State planning agency to such
request;
``(H) provide that regular reports on such program or
activity shall be sent to the Administrator and to such State
planning agency; and
``(I) provide for such fiscal control and fund accounting
procedures as may be necessary to ensure prudent use, proper
disbursement, and accurate accounting of funds received under
this section.
``(3) Priority.--In reviewing applications for grants and
contracts under subsection (a), the Administrator shall give
priority to applications--
``(A) submitted by, or substantially involving, community-
based organizations experienced in providing services to
juveniles;
``(B) based on the incidence and severity of crimes
committed by gangs whose membership is composed primarily of
juveniles in the geographical area in which the applicants
propose to carry out the programs and activities for which
such grants and contracts are requested; and
``(C) for assistance for programs and activities that--
``(i) are broadly supported by public and private nonprofit
agencies, organizations, and institutions located in such
geographical area; and
``(ii) will substantially involve the families of juvenile
gang members in carrying out such programs or activities.
``SEC. 254. PRIORITY.
``In making grants under this part, the Administrator shall
give priority to funding programs and activities described in
subsections (a)(2) and (b)(1) of section 253.
``PART E--DEVELOPING, TESTING, AND DEMONSTRATING PROMISING NEW
INITIATIVES AND PROGRAMS
``SEC. 261. GRANTS AND PROJECTS.
``(a) Authority To Make Grants.--The Administrator may make
grants to, and enter into contracts with, States, units of
local government, Indian tribal governments, public and
private agencies, organizations, and individuals, or
combinations thereof, to carry out projects for the
development, testing, and demonstration of promising
initiatives and programs for the prevention, control, 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 subsection (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 TRAINING AND TECHNICAL ASSISTANCE.
``The Administrator may make grants to, and enter into
contracts with, public and private agencies, organizations,
and individuals to provide training and technical assistance
to States, units of local 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 assistance pursuant to a grant
or contract under this part, a public or private agency,
Indian tribal government, organization, institution,
individual, or combination thereof, shall submit an
application to the Administrator at such time, in such form,
and containing such information as the Administrator may
reasonably require by rule.
``SEC. 264. REPORTS.
``Each recipient of assistance pursuant to a grant or
contract under this part shall submit to the Administrator
such reports as may be reasonably requested by the
Administrator to describe progress achieved in carrying the
projects for which the assistance was provided.
``PART F--MENTORING
``SEC. 271. MENTORING.
``The purposes of this part are to, through the use of
mentors for at-risk youth--
``(1) reduce juvenile delinquency and gang participation;
``(2) improve academic performance; and
``(3) reduce the dropout rate.
``SEC. 272. DEFINITIONS.
``In this part--
``(1) the term `at-risk youth' means a youth at risk of
educational failure, dropping out of school, or involvement
in criminal or delinquent activities; and
``(2) the term `mentor' means a person who works with an
at-risk youth on a one-to-one basis, providing a positive
role model for the youth, establishing a supportive
relationship with the youth, and providing the youth with
academic assistance and exposure to new experiences and
examples of opportunity that enhance the ability of the youth
to become a responsible adult.
``SEC. 273. GRANTS.
``(a) Local Educational Grants.--The Administrator shall
make grants to local education agencies and nonprofit
organizations to establish and support programs and
activities for the purpose of implementing mentoring programs
that--
``(1) are designed to link at-risk children, particularly
children living in high crime areas and children experiencing
educational failure, with responsible adults such as law
enforcement officers, persons working with local businesses,
elders in Alaska Native villages, and adults working for
community-based organizations and agencies; and
``(2) are intended to achieve 1 or more of the following
goals:
``(A) Provide general guidance to at-risk youth.
``(B) Promote personal and social responsibility among at-
risk youth.
``(C) Increase at-risk youth's participation in and enhance
their ability to benefit from elementary and secondary
education.
``(D) Discourage at-risk youth's use of illegal drugs,
violence, and dangerous weapons, and other criminal activity.
``(E) Discourage involvement of at-risk youth in gangs.
``(F) Encourage at-risk youth's participation in community
service and community activities.
``(b) Family-to-Family Mentoring Grants.--
``(1) Definitions.--In this subsection:
``(A) Family-to-family mentoring program.--The term
`family-to-family mentoring program' means a mentoring
program that--
``(i) utilizes a 2-tier mentoring approach that matches
volunteer families with at-risk families allowing parents to
directly work with parents and children to work directly with
children; and
``(ii) has an afterschool program for volunteer and at-risk
families.
``(B) Positive alternatives program.--The term `positive
alternatives program' means a positive youth development and
family-to-family mentoring program that emphasizes drug and
gang prevention components.
``(C) Qualified positive alternatives program.--The term
`qualified positive alternatives program' means a positive
alternatives program that has established a family-to-family
mentoring program, as of the date of enactment of the Violent
and Repeat Juvenile Offender Accountability and
Rehabilitation Act of 1999.
[[Page S6108]]
``(2) Authority.--The Administrator shall make and enter
into contracts with a qualified positive alternatives
program.
``SEC. 274. REGULATIONS AND GUIDELINES.
``(a) Program Guidelines.--The Administrator shall issue
program guidelines to implement this part. The program
guidelines shall be effective only after a period for public
notice and comment.
``(b) Model Screening Guidelines.--The Administrator shall
develop and distribute to program participants specific model
guidelines for the screening of prospective program mentors.
``SEC. 275. USE OF GRANTS.
``(a) Permitted Uses.--Grants awarded under this part shall
be used to implement mentoring programs, including--
``(1) hiring of mentoring coordinators and support staff;
``(2) recruitment, screening, and training of adult
mentors;
``(3) reimbursement of mentors for reasonable incidental
expenditures such as transportation that are directly
associated with mentoring; and
``(4) such other purposes as the Administrator may
reasonably prescribe by regulation.
``(b) Prohibited Uses.--Grants awarded pursuant to this
part shall not be used--
``(1) to directly compensate mentors, except as provided
pursuant to subsection (a)(3);
``(2) to obtain educational or other materials or equipment
that would otherwise be used in the ordinary course of the
grantee's operations;
``(3) to support litigation of any kind; or
``(4) for any other purpose reasonably prohibited by the
Administrator by regulation.
``SEC. 276. PRIORITY.
``(a) In General.--In making grants under this part, the
Administrator shall give priority for awarding grants to
applicants that--
``(1) serve at-risk youth in high crime areas;
``(2) have 60 percent or more of their youth eligible to
receive funds under the Elementary and Secondary Education
Act of 1965; and
``(3) have a considerable number of youths who drop out of
school each year.
``(b) Other Considerations.--In making grants under this
part, the Administrator shall give consideration to--
``(1) the geographic distribution (urban and rural) of
applications;
``(2) the quality of a mentoring plan, including--
``(A) the resources, if any, that will be dedicated to
providing participating youth with opportunities for job
training or postsecondary education; and
``(B) the degree to which parents, teachers, community-
based organizations, and the local community participate in
the design and implementation of the mentoring plan; and
``(3) the capability of the applicant to effectively
implement the mentoring plan.
``SEC. 277. APPLICATIONS.
``An application for assistance under this part shall
include--
``(1) information on the youth expected to be served by the
program;
``(2) a provision for a mechanism for matching youth with
mentors based on the needs of the youth;
``(3) An assurance that no mentor or mentoring family will
be assigned a number of youths that would undermine their
ability to be an effective mentor and ensure a one-to-one
relationship with mentored youths;
``(4) an assurance that projects operated in secondary
schools will provide youth with a variety of experiences and
support, including--
``(A) an opportunity to spend time in a work environment
and, when possible, participate in the work environment;
``(B) an opportunity to witness the job skills that will be
required for youth to obtain employment upon graduation;
``(C) assistance with homework assignments; and
``(D) exposure to experiences that youth might not
otherwise encounter;
``(5) an assurance that projects operated in elementary
schools will provide youth with--
``(A) academic assistance;
``(B) exposure to new experiences and activities that youth
might not encounter on their own; and
``(C) emotional support;
``(6) an assurance that projects will be monitored to
ensure that each youth benefits from a mentor relationship,
with provision for a new mentor assignment if the
relationship is not beneficial to the youth;
``(7) the method by which mentors and youth will be
recruited to the project;
``(8) the method by which prospective mentors will be
screened; and
``(9) the training that will be provided to mentors.
``SEC. 278. GRANT CYCLES.
``Each grant under this part shall be made for a 3-year
period.
``SEC. 279. FAMILY MENTORING PROGRAM.
``(a) Definitions.--In this section--
``(1) the term `cooperative extension services' has the
meaning given that term in section 1404 of the National
Agricultural Research, Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3103);
``(2) the term `family mentoring program' means a mentoring
program that--
``(A) utilizes a 2-tier mentoring approach that uses
college age or young adult mentors working directly with at-
risk youth and uses retirement-age couples working with the
parents and siblings of at-risk youth; and
``(B) has a local advisory board to provide direction and
advice to program administrators; and
``(3) the term `qualified cooperative extension service'
means a cooperative extension service that has established a
family mentoring program, as of the date of enactment of the
Violent and Repeat Juvenile Offender Accountability and
Rehabilitation Act of 1999.
``(b) Model Program.--The Administrator, in cooperation
with the Secretary of Agriculture, shall make a grant to a
qualified cooperative extension service for the purpose of
expanding and replicating family mentoring programs to reduce
the incidence of juvenile crime and delinquency among at-risk
youth.
``(c) Establishment of New Family Mentoring Programs.--
``(1) In general.--The Administrator, in cooperation with
the Secretary of Agriculture, may make 1 or more grants to
cooperative extension services for the purpose of
establishing family mentoring programs to reduce the
incidence of juvenile crime and delinquency among at-risk
youth.
``(2) Matching requirement and source of matching funds.--
``(A) In general.--The amount of a grant under this
subsection may not exceed 35 percent of the total costs of
the program funded by the grant.
``(B) Source of match.--Matching funds for grants under
this subsection may be derived from amounts made available to
a State under subsections (b) and (c) of section 3 of the
Smith-Lever Act (7 U.S.C. 343), except that the total amount
derived from Federal sources may not exceed 70 percent of the
total cost of the program funded by the grant.
``SEC. 280. CAPACITY BUILDING.
``(a) Model Program.--The Administrator may make a grant to
a qualified national organization with a proven history of
providing one-to-one services for the purpose of expanding
and replicating capacity building programs to reduce the
incidence of juvenile crime and delinquency among at-risk
youth.
``(b) Establishment of New Capacity Building Programs.--
``(1) In general.--The Administrator may make one or more
grants to national organizations with proven histories of
providing one-to-one services for the purpose of expanding
and replicating capacity building programs to reduce the
incidence of juvenile crime and delinquency among at-risk
youth.
``(2) Matching requirement and source of matching funds.--
``(A) In general.--The amount of a grant under this
subsection may not exceed 50 percent of the total cost of the
programs funded by the grant.
``(B) Source of match.--Matching funds for grants under
this subsection must be derived from a private agency,
institution or business.
``PART G--ADMINISTRATIVE PROVISIONS
``SEC. 291. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There is authorized to be appropriated
to carry out this title, and to carry out part R of title I
of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3796 et seq.), $1,100,000,000 for each of fiscal years
1999 through 2004.
``(b) Allocation of Appropriations.--Of the amount made
available under subsection (a) for each fiscal year--
``(1) $500,000,000 shall be for programs under sections
1801 and 1803 of part R of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796 et
seq.), of which $50,000,000 shall be for programs under
section 1803;
``(2) $75,000,000 shall be for grants for juvenile criminal
history records upgrades pursuant to section 1802 of part R
of title I of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3796 et seq.);
``(3) $200,000,000 shall be for programs under section 205
of part A of this title;
``(4) $200,000,000 shall be for programs under part B of
this title;
``(5) $40,000,000 shall be for prevention programs under
part C of this title--
``(A) of which $20,000,000 shall be for evaluation research
of primary, secondary, and tertiary juvenile delinquency
programs; and
``(B) $2,000,000 shall be for the study required by section
248;
``(6) $20,000,000 shall be for programs under parts D and E
of this title; and
``(7) $20,000,000 shall be for programs under part F of
this title, of which $3,000,000 shall be for programs under
section 279 and $3,000,000 for programs under section 280.
``(c) Source of Sums.--Amounts authorized to be
appropriated pursuant to this section may be derived from the
Violent Crime Reduction Trust Fund.
``(d) Administration and Operations.--There is authorized
to be appropriated for the administration and operation of
the Office of Juvenile Crime Control and Prevention such sums
as may be necessary for each of fiscal years 1999 through
2004.
``(e) Availability of Funds.--Amounts made available
pursuant to this section and allocated in accordance with
this title in any fiscal year shall remain available until
expended.
[[Page S6109]]
``SEC. 292. RELIGIOUS NONDISCRIMINATION; RESTRICTIONS ON USE
OF AMOUNTS; PENALTIES.
``(a) Religious Nondiscrimination.--The provisions of
section 104 of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (42 U.S.C. 604a) shall
apply to a State or local government exercising its authority
to distribute grants to applicants under this title.
``(b) Restrictions on the Use of Amounts.--
``(1) Experimentation on individuals.--
``(A) In general.--No amounts made available to carry out
this title may be used for any biomedical or behavior control
experimentation on individuals or any research involving such
experimentation.
``(B) Definition of behavior control.--In this paragraph,
the term `behavior control'--
``(i) means any experimentation or research employing
methods that--
``(I) involve a substantial risk of physical or
psychological harm to the individual subject; and
``(II) are intended to modify or alter criminal and other
antisocial behavior, including aversive conditioning therapy,
drug therapy, chemotherapy (except as part of routine
clinical care), physical therapy of mental disorders,
electroconvulsive therapy, or physical punishment; and
``(ii) does not include a limited class of programs
generally recognized as involving no such risk, including
methadone maintenance and certain substance abuse treatment
programs, psychological counseling, parent training, behavior
contracting, survival skills training, restitution, or
community service, if safeguards are established for the
informed consent of subjects (including parents or guardians
of minors).
``(2) Prohibition against private agency use of amounts in
construction.--
``(A) In general.--No amount made available to any private
agency or institution, or to any individual, under this title
(either directly or through a State office) may be used for
construction.
``(B) Exception.--The restriction in clause (i) shall not
apply to any juvenile program in which training or experience
in construction or renovation is used as a method of juvenile
accountability or rehabilitation.
``(3) Lobbying.--
``(A) In general.--Except as provided in subparagraph (B),
no amount made available under this title to any public or
private agency, organization or institution, or to any
individual shall be used to pay for any personal service,
advertisement, telegram, telephone communication, letter,
printed or written matter, or other device intended or
designed to influence a Member of Congress or any other
Federal, State, or local elected official to favor or oppose
any Act, bill, resolution, or other legislation, or any
referendum, initiative, constitutional amendment, or any
other procedure of Congress, any State legislature, any local
council, or any similar governing body.
``(B) Exception.--This paragraph does not preclude the use
of amounts made available under this title in connection with
communications to Federal, State, or local elected officials,
upon the request of such officials through proper official
channels, pertaining to authorization, appropriation, or
oversight measures directly affecting the operation of the
program involved.
``(4) Legal action.--No amounts made available under this
title to any public or private agency, organization,
institution, or to any individual, shall be used in any way
directly or indirectly to file an action or otherwise take
any legal action against any Federal, State, or local agency,
institution, or employee.
``(c) Penalties.--
``(1) In general.--If any amounts are used for the purposes
prohibited in either paragraph (3) or (4) of subsection (b),
or in violation of subsection (a)--
``(A) funding for the agency, organization, institution, or
individual at issue shall be immediately discontinued in
whole or in part; and
``(B) the agency, organization, institution, or individual
using amounts for the purpose prohibited in paragraph (3) or
(4) of subsection (b), or in violation of subsection (a),
shall be liable for reimbursement of all amounts granted to
the individual or entity for the fiscal year for which the
amounts were granted.
``(2) Liability for expenses and damages.--In relation to a
violation of subsection (b)(4), the individual filing the
lawsuit or responsible for taking the legal action against
the Federal, State, or local agency or institution, or
individual working for the Government, shall be individually
liable for all legal expenses and any other expenses of the
Government agency, institution, or individual working for the
Government, including damages assessed by the jury against
the Government agency, institution, or individual working for
the Government, and any punitive damages.
``SEC. 293. ADMINISTRATIVE PROVISIONS.
``(a) Authority of Administrator.--The Office shall be
administered by the Administrator under the general authority
of the Attorney General.
``(b) Applicability of Certain Crime Control Provisions.--
Sections 809(c), 811(a), 811(b), 811(c), 812(a), 812(b), and
812(d) of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3789d(c), 3789f(a), 3789f(b), 3789f(c),
3789g(a), 3789g(b), 3789g(d)) shall apply with respect to the
administration of and compliance with this title, except that
for purposes of this Act--
``(1) any reference to the Office of Justice Programs in
such sections shall be considered to be a reference to the
Assistant Attorney General who heads the Office of Justice
Programs; and
``(2) the term `this title' as it appears in such sections
shall be considered to be a reference to this title.
``(c) Applicability of Certain Other Crime Control
Provisions.--Sections 801(a), 801(c), and 806 of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3711(a), 3711(c), and 3787) shall apply with respect to the
administration of and compliance with this title, except
that, for purposes of this title--
``(1) any reference to the Attorney General, the Assistant
Attorney General who heads the Office of Justice Programs,
the Director of the National Institute of Justice, the
Director of the Bureau of Justice Statistics, or the Director
of the Bureau of Justice Assistance shall be considered to be
a reference to the Administrator;
``(2) any reference to the Office of Justice Programs, the
Bureau of Justice Assistance, the National Institute of
Justice, or the Bureau of Justice Statistics shall be
considered to be a reference to the Office of Juvenile Crime
Control and Prevention; and
``(3) the term `this title' as it appears in those sections
shall be considered to be a reference to this title.
``(d) Rules, Regulations, and Procedures.--The
Administrator may, after appropriate consultation with
representatives of States and units of local government, and
an opportunity for notice and comment in accordance with
subchapter II of chapter 5 of title 5, United States Code,
establish such rules, regulations, and procedures as are
necessary for the exercise of the functions of the Office and
as are consistent with the purpose of this Act.
``(e) Withholding.--The Administrator shall initiate such
proceedings as the Administrator determines to be appropriate
if the Administrator, after giving reasonable notice and
opportunity for hearing to a recipient of financial
assistance under this title, finds that--
``(1) the program or activity for which the grant or
contract involved was made has been so changed that the
program or activity no longer complies with this title; or
``(2) in the operation of such program or activity there is
failure to comply substantially with any provision of this
title.''.
(b) Repeal.--Title V of the Juvenile Justice and
Delinquency Prevention Act of 1974 (42 U.S.C. 5781 et seq.)
is repealed.
SEC. 303. 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 reporting of
the problem nationally and to develop'' and inserting ``an
accurate national reporting system to report the problem, and
to assist in the development of''; and
(2) by striking paragraph (8) and inserting the following:
``(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 Homeless 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 operate (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--
``(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 prevention 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 ``paragraph (6)'' and
inserting ``paragraph (7)'';
(B) in paragraph (10), by striking ``and'' at the end;
(C) in paragraph (11), by striking the period 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;
``(B) the achievements of the project under this part
carried out by the applicant; and
``(C) statistical summaries describing--
``(i) the number and the characteristics of the runaway and
homeless youth, and youth
[[Page S6110]]
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 inserting the
following:
``(c) Applicants Providing Street-Based Services.--To be
eligible to use assistance under section 311(a)(2)(C)(i) to
provide street-based services, the applicant shall include in
the plan required by subsection (b) assurances that in
providing such services the applicant will--
``(1) provide qualified supervision of staff, including 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
``(4) conduct outreach activities for runaway and homeless
youth, and street youth.
``(d) Applicants Providing Home-Based Services.--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 required by subsection
(b) assurances that in providing such services the applicant
will--
``(1) provide counseling and information to youth and the
families (including unrelated individuals in the family
households) of such youth, including services relating to
basic life skills, interpersonal skill building, educational
advancement, job attainment skills, mental and physical
health care, parenting skills, financial planning, and
referral to sources of other needed services;
``(2) provide directly, or through an arrangement made by
the applicant, 24-hour service to respond 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 measures of success to be
achieved as a result of receiving 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 receive qualified
supervision.
``(e) Applicants Providing Drug Abuse Education 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 applicant shall include in the plan
required by subsection (b)--
``(1) a description of--
``(A) the types of such services that the applicant
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
``(2) an assurance that in providing such services 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 greatest 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.''.
(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 ``purpose 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,
education, 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 Department of
Health and Human Services with activities under any other
Federal juvenile crime control, prevention, and juvenile
offender accountability program and with the activities of
other Federal entities; and
``(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 ``evaluation,''
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), respectively.
(i) 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.
(j) 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 Judiciary of the
Senate, a report on the status, activities, and
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;
``(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 encourage the
resolution of intrafamily problems through counseling and
development of self-sufficient 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.''.
(k) 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 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 report
required by section 383; and
``(3) providing such information and assistance to such
grantee as will enable such grantee to improve the operation
of the centers, projects, and activities 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.''.
(l) 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,
2003, and 2004.
``(2) Allocation.--
``(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 percent, and not more than 30 percent,
shall be reserved 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
[[Page S6111]]
under any other Act if the purpose of combining such funds is
to make a single discretionary grant, or a single
discretionary payment, unless such funds are separately
identified in all grants and contracts and are used for the
purposes specified in this title.''.
(m) 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;
(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
exploitation.
``(b) Priority.--In selecting applicants to receive grants
under subsection (a), the Secretary shall give priority 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 (l) of this section, is amended by adding at
the end the following:
``(4) Part E.--There is authorized to be appropriated to
carry out part E such sums as may be necessary for fiscal
years 2000, 2001, 2002, 2003, and 2004.''.
(n) Definitions.--The Runaway and Homeless Youth Act (42
U.S.C. 5701 et seq.) is amended by inserting after section
386, as amended by subsection (k) of this section, the
following:
``SEC. 387. DEFINITIONS.
``In this title:
``(1) Drug abuse education and prevention services.--The
term `drug abuse education and prevention services'--
``(A) means services to runaway and homeless 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 availability of local drug
abuse prevention services 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 running away, or otherwise
becoming separated, from their families; and
``(ii) assisting runaway youth to return to their families;
and
``(B) includes services that are provided in the residences
of families (to the extent practicable), 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 living 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 youth in making healthy personal
choices regarding 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 counseling;
``(iii) information and referral for housing;
``(iv) information and referral for transitional living and
health care services;
``(v) advocacy, education, and prevention services related
to--
``(I) alcohol and drug abuse;
``(II) sexual exploitation;
``(III) sexually transmitted diseases, including human
immunodeficiency virus (HIV); and
``(IV) physical and sexual assault.
``(5) Street youth.--The term `street youth' means an
individual who--
``(A) is--
``(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 exploitation, 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.''.
(o) 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 381, 382, 383, 384, and 385,
respectively.
(p) 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 inserting ``The
Secretary''.
SEC. 304. NATIONAL CENTER FOR MISSING AND EXPLOITED CHILDREN.
(a) Findings.--Section 402 of the Missing Children'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 ``; and''; and
(3) by adding at the end the following:
``(9) for 14 years, the National Center for Missing 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 Department of Justice,
the Federal Bureau of Investigation, the Department of the
Treasury, the Department of State, and many other agencies 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 National Crime
Information Center of the Federal Bureau of Investigation,
and the National Law Enforcement 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, beginning 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 essence
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' notifications 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 clearinghouses operated by
the 50 States, the District of Columbia, and Puerto Rico, as
well as with Scotland Yard in the United Kingdom, the Royal
Canadian Mounted Police, INTERPOL headquarters in Lyon,
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, investigation, and prevention;
``(C) disseminated 15,491,344 free publications 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 websites to provide real-time images of
breaking cases of missing children;
``(16) in 1997, the Center provided policy training 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 infant 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 percent;
``(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 resolving the cases of 343
international child abductions,
[[Page S6112]]
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 private in-kind
support, including advanced technology 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 1 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 selection process conducted by
the Office of Juvenile Justice and Delinquency Prevention of
the Department of Justice, and has received grants from that
Office to conduct the crucial purposes of the Center.''.
(b) Definitions.--Section 403 of the Missing Children'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 Center for
Missing and Exploited Children.''.
(c) Duties and Functions of the Administrator.--Section 404
of the Missing Children's Assistance Act (42 U.S.C. 5773) is
amended--
(1) by redesignating subsection (c) as subsection (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 missing child, or other child 13 years of
age or younger whose whereabouts are unknown to such child's
legal custodian, and request information pertaining to
procedures necessary to reunite such child with such child's
legal custodian; and
``(ii) coordinate the operation of such telephone line with
the operation of the national communications system referred
to in part C of the Runaway and Homeless Youth Act (42 U.S.C.
5714-11);
``(B) operate the official national resource center and
information clearinghouse for missing and exploited children;
``(C) provide to State and local governments, 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 programs being carried
out by Federal agencies to assist missing and exploited
children and their families;
``(D) coordinate public and private programs that locate,
recover, or reunite missing children with their families;
``(E) disseminate, on a national basis, information
relating to innovative and model programs, services, and
legislation that benefit missing and exploited children;
``(F) provide technical assistance and training to law
enforcement agencies, State and local governments, elements
of the criminal justice system, public and private nonprofit
agencies, and individuals in the prevention, investigation,
prosecution, and treatment of cases involving 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 Administrator to carry out this
subsection, $10,000,000 for each of fiscal years 2000, 2001,
2002, 2003, and 2004.
``(c) National Incidence Studies.--The Administrator,
either by making grants to or entering into contracts 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 victims of parental kidnapings, and the number of
children who are recovered each year; and
``(2) provide to State and local governments, public and
private nonprofit agencies, and individuals information to
facilitate the lawful use of school records and birth
certificates to identify and locate missing children.''.
(d) National Center for Missing and Exploited Children.--
Section 405(a) of the Missing Children'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 2004''.
SEC. 305. TRANSFER OF FUNCTIONS AND SAVINGS PROVISIONS.
(a) Definitions.--In this section, unless otherwise
provided or indicated by the context:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Office of Juvenile Crime Control and
Prevention established by operation of subsection (b).
(2) Administrator of the office.--The term ``Administrator
of the Office'' means the Administrator of the Office of
Juvenile Justice and Delinquency Prevention.
(3) Bureau of justice assistance.--The term ``Bureau of
Justice Assistance'' means the bureau established under
section 401 of title I of the Omnibus Crime Control and Safe
Streets Act of 1968.
(4) Federal agency.--The term ``Federal agency'' has the
meaning given the term ``agency'' by section 551(1) of title
5, United States Code.
(5) Function.--The term ``function'' means any duty,
obligation, power, authority, responsibility, right,
privilege, activity, or program.
(6) Office of juvenile crime control and prevention.--The
term ``Office of Juvenile Crime Control and Prevention''
means the office established by operation of subsection (b).
(7) Office of juvenile justice and delinquency
prevention.--The term ``Office of Juvenile Justice and
Delinquency Prevention'' means the Office of Juvenile Justice
and Delinquency Prevention of the Department of Justice,
established by section 201 of the Juvenile Justice and
Delinquency Prevention Act of 1974, as in effect on the day
before the date of enactment of this Act.
(8) Office.--The term ``office'' includes any office,
administration, agency, institute, unit, organizational
entity, or component thereof.
(b) Transfer of Functions.--There are transferred to the
Office of Juvenile Crime Control and Prevention all functions
that the Administrator of the Office exercised before the
date of enactment of this Act (including all related
functions of any officer or employee of the Office of
Juvenile Justice and Delinquency Prevention), and authorized
after the date of enactment of this Act, relating to carrying
out the Juvenile Justice and Delinquency Prevention Act of
1974.
(c) Transfer and Allocations of Appropriations and
Personnel.--
(1) In general.--Except as otherwise provided in this
section, the personnel employed in connection with, and the
assets, liabilities, contracts, property, records, and
unexpended balances of appropriations, authorizations,
allocations, and other amounts employed, used, held, arising
from, available to, or to be made available in connection
with the functions transferred by this section, subject to
section 1531 of title 31, United States Code, shall be
transferred to the Office of Juvenile Crime Control and
Prevention.
(2) Unexpended amounts.--Any unexpended amounts transferred
pursuant to this subsection shall be used only for the
purposes for which the amounts were originally authorized and
appropriated.
(d) Incidental Transfers.--
(1) In general.--The Director of the Office of Management
and Budget, at such time or times as the Director of that
Office shall provide, may make such determinations as may be
necessary with regard to the functions transferred by this
section, and to make such additional incidental dispositions
of personnel, assets, liabilities, grants, contracts,
property, records, and unexpended balances of appropriations,
authorizations, allocations, and other amounts held, used,
arising from, available to, or to be made available in
connection with such functions, as may be necessary to carry
out this section.
(2) Termination of affairs.--The Director of the Office of
Management and Budget shall provide for the termination of
the affairs of all entities terminated by this section and
for such further measures and dispositions as may be
necessary to effectuate the purposes of this section.
(e) Effect on Personnel.--
(1) In general.--Except as otherwise provided by this
section, the transfer pursuant to this section of full-time
personnel (except special Government employees) and part-time
personnel holding permanent positions shall not cause any
such employee to be separated or reduced in grade or
compensation for 1 year after the date of transfer of such
employee under this section.
(2) Executive schedule positions.--Except as otherwise
provided in this section, any person who, on the day before
the date of enactment of this Act, held a position
compensated in accordance with the Executive Schedule
prescribed in chapter 53 of title 5, United States Code, and
who, without a break in service, is appointed in the Office
of Juvenile Crime Control and Prevention to a position having
duties comparable to the duties performed immediately
preceding such appointment shall continue to be compensated
in such new position at not less than the rate provided for
such previous position, for the duration of the service of
such person in such new position.
(3) Transition rule.--The incumbent Administrator of the
Office as of the date immediately preceding the date of
enactment of this Act shall continue to serve as
Administrator after the date of enactment of this Act until
such time as the incumbent resigns, is relieved of duty by
the President, or an Administrator is appointed by the
President, by and with the advice and consent of the Senate.
(f) Savings Provisions.--
[[Page S6113]]
(1) Continuing effect of legal documents.--All orders,
determinations, rules, regulations, permits, agreements,
grants, contracts, certificates, licenses, registrations,
privileges, and other administrative actions--
(A) that have been issued, made, granted, or allowed to
become effective by the President, any Federal agency or
official thereof, or by a court of competent jurisdiction, in
the performance of functions that are transferred under this
section; and
(B) that are in effect at the time this section takes
effect, or were final before the date of enactment of this
Act and are to become effective on or after the date of
enactment of this Act, shall continue in effect according to
their terms until modified, terminated, superseded, set
aside, or revoked in accordance with law by the President,
the Administrator, or other authorized official, a court of
competent jurisdiction, or by operation of law.
(2) Proceedings not affected.--
(A) In general.--This section shall not affect any
proceedings, including notices of proposed rulemaking, or any
application for any license, permit, certificate, or
financial assistance pending before the Office of Juvenile
Justice and Delinquency Prevention on the date on which this
section takes effect, with respect to functions transferred
by this section but such proceedings and applications shall
be continued.
(B) Orders; appeals; payments.--Orders shall be issued in
such proceedings, appeals shall be taken therefrom, and
payments shall be made pursuant to such orders, as if this
section had not been enacted, and orders issued in any such
proceedings shall continue in effect until modified,
terminated, superseded, or revoked by a duly authorized
official, by a court of competent jurisdiction, or by
operation of law.
(C) Discontinuance or modification.--Nothing in this
paragraph shall be construed to prohibit the discontinuance
or modification of any such proceeding under the same terms
and conditions and to the same extent that such proceeding
could have been discontinued or modified if this paragraph
had not been enacted.
(3) Suits not affected.--This section shall not affect
suits commenced before the date of enactment of this Act, and
in all such suits, proceedings shall be had, appeals taken,
and judgments rendered in the same manner and with the same
effect as if this section had not been enacted.
(4) Nonabatement of actions.--No suit, action, or other
proceeding commenced by or against the Office of Juvenile
Justice and Delinquency Prevention, or by or against any
individual in the official capacity of such individual as an
officer of the Office of Juvenile Justice and Delinquency
Prevention, shall abate by reason of the enactment of this
section.
(5) Administrative actions relating to promulgation of
regulations.--Any administrative action relating to the
preparation or promulgation of a regulation by the Office of
Juvenile Justice and Delinquency Prevention relating to a
function transferred under this section may be continued, to
the extent authorized by this section, by the Office of
Juvenile Crime Control and Prevention with the same effect as
if this section had not been enacted.
(6) Rule of construction.--Nothing in this subsection may
be construed to affect the authority under section 242A or
243 of the Juvenile Justice and Delinquency Prevention Act of
1974, as amended by this Act.
(g) Transition.--The Administrator may utilize--
(1) the services of such officers, employees, and other
personnel of the Office of Juvenile Justice and Delinquency
Prevention with respect to functions transferred to the
Office of Juvenile Crime Control and Prevention by this
section; and
(2) amounts appropriated to such functions for such period
of time as may reasonably be needed to facilitate the orderly
implementation of this section.
(h) References.--Reference in any other Federal law,
Executive order, rule, regulation, or delegation of
authority, or any document of or relating to--
(1) the Administrator of the Office of Juvenile Justice and
Delinquency Prevention with regard to functions transferred
by operation of subsection (b), shall be considered to refer
to the Administrator of the Office of Juvenile Crime Control
and Prevention; and
(2) the Office of Juvenile Justice and Delinquency
Prevention with regard to functions transferred by operation
of subsection (b), shall be considered to refer to the Office
of Juvenile Crime Control and Prevention.
(i) Technical and Conforming Amendments.--
(1) Section 5315 of title 5, United States Code, is amended
by striking ``Administrator, Office of Juvenile Justice and
Delinquency Prevention'' and inserting ``Administrator,
Office of Juvenile Crime Control and Prevention''.
(2) Section 4351(b) of title 18, United States Code, is
amended by striking ``Office of Juvenile Justice and
Delinquency Prevention'' and inserting ``Office of Juvenile
Crime Control and Prevention''.
(3) Subsections (a)(1) and (c) of section 3220 of title 39,
United States Code, are each amended by striking ``Office of
Juvenile Justice and Delinquency Prevention'' each place it
appears and inserting ``Office of Juvenile Crime Control and
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 ``Office of
Juvenile Crime Control and Prevention''.
(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 amended by striking
``Office of Juvenile Justice and Delinquency Prevention''
each place it appears and inserting ``Office of Juvenile
Crime Control and 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'';
(C) in sections 217 and 222 by striking ``Office of
Juvenile Justice and Delinquency Prevention'' each place it
appears and inserting ``Office of Juvenile Crime Control and
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 Control 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 inserting ``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''.
(j) References.--In any Federal law (excluding this Act and
the Acts amended by this Act), Executive order, rule,
regulation, order, delegation of authority, grant, contract,
suit, or document a reference to the Office of Juvenile
Justice and Delinquency Prevention shall be deemed to include
a reference to the Office of Juvenile Crime Control and
Prevention.
Subtitle B--Accountability for Juvenile Offenders and Public Protection
Incentive Grants
SEC. 321. BLOCK GRANT PROGRAM.
(a) In General.--Part R of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796 et seq.)
is amended to read as follows:
``PART R--JUVENILE ACCOUNTABILITY BLOCK GRANTS
``SEC. 1801. PROGRAM AUTHORIZED.
``(a) In General.--The Attorney General shall make, subject
to the availability of appropriations, grants to States for
use by States and units of local government in planning,
establishing, operating, coordinating, and evaluating
projects, directly or through grants and contracts with
public and private agencies, for the development of more
effective investigation, prosecution, and punishment
(including the imposition of graduated sanctions) of crimes
or acts of delinquency committed by juveniles, programs to
improve the administration of justice for and ensure
accountability by juvenile offenders, and programs to reduce
the risk factors (such as truancy, drug or alcohol use, and
gang involvement) associated with juvenile crime or
delinquency.
``(b) Use of Grants.--Grants under this section may be used
by States and units of local government--
``(1) for programs to enhance the identification,
investigation, prosecution, and punishment of juvenile
offenders, such as--
``(A) the utilization of graduated sanctions;
``(B) the utilization of short-term confinement of juvenile
offenders;
``(C) the incarceration of violent juvenile offenders for
extended periods of time;
``(D) the hiring of juvenile public defenders, juvenile
judges, juvenile probation officers, and juvenile
correctional officers to implement policies to control
juvenile crime and violence and ensure accountability of
juvenile offenders; and
``(E) the development and implementation of coordinated,
multi-agency systems for--
``(i) the comprehensive and coordinated booking,
identification, and assessment of juveniles arrested or
detained by law enforcement agencies, including the
utilization of multi-agency facilities such as juvenile
assessment centers; and
``(ii) the coordinated delivery of support services for
juveniles who have had or are at risk for contact with the
juvenile or criminal systems, including utilization of court-
established local service delivery councils;
``(2) for programs that require juvenile offenders to make
restitution to the victims of offenses committed by those
juvenile offenders, including programs designed and operated
to further the goal of providing eligible offenders with an
alternative to adjudication that emphasizes restorative
justice;
``(3) for programs that require juvenile offenders to
attend and successfully complete school or vocational
training as part of a sentence imposed by a court;
``(4) for programs that require juvenile offenders who are
parents to demonstrate parental responsibility by working and
paying child support;
``(5) for programs that seek to curb or punish truancy;
``(6) for programs designed to collect, record, retain, and
disseminate information
[[Page S6114]]
useful in the identification, prosecution, and sentencing of
juvenile offenders, such as criminal history information,
fingerprints, DNA tests, and ballistics tests;
``(7) for the development and implementation of coordinated
multijurisdictional or multiagency programs for the
identification, control, supervision, prevention,
investigation, and treatment of the most serious juvenile
offenses and offenders, popularly known as a `SHOCAP Program'
(Serious Habitual Offenders Comprehensive Action Program);
``(8) for the development and implementation of coordinated
multijurisdictional or multiagency programs for the
identification, control, supervision, prevention,
investigation, and disruption of youth gangs;
``(9) for the construction or remodeling of short- and
long-term facilities for juvenile offenders;
``(10) for the development and implementation of
technology, equipment, training programs for juvenile crime
control, for law enforcement officers, judges, prosecutors,
probation officers, and other court personnel who are
employed by State and local governments, in furtherance of
the purposes identified in this section;
``(11) for partnerships between State educational agencies
and local educational agencies for the design and
implementation of character education and training programs
that incorporate the following elements of character: Caring,
citizenship, fairness, respect, responsibility and
trustworthiness;
``(12) for programs to seek to target, curb and punish
adults who knowingly and intentionally use a juvenile during
the commission or attempted commission of a crime, including
programs that specifically provide for additional punishments
or sentence enhancements for adults who knowingly and
intentionally use a juvenile during the commission or
attempted commission of a crime;
``(13) for juvenile prevention programs (including curfews,
youth organizations, anti-drug, and anti-alcohol programs,
anti-gang programs, and after school programs and
activities);
``(14) for juvenile drug and alcohol treatment programs;
``(15) for school counseling and other school-base
prevention programs;
``(16) for programs that drug test juveniles who are
arrested, including follow-up testings; and
``(17) for programs for--
``(A) providing cross-training, jointly with the public
mental health system, for State juvenile court judges, public
defenders, prosecutors, and mental health and substance abuse
agency representatives with respect to the appropriate use of
effective, community-based alternatives to juvenile justice
or mental health system institutional placements; or
``(B) providing training for State juvenile probation
officers and community mental health and substance abuse
program representatives on appropriate linkages between
probation programs and mental health community programs,
specifically focusing on the identification of mental
disorders and substance abuse addiction in juveniles on
probation, effective treatment interventions for those
disorders, and making appropriate contact with mental health
and substance abuse case managers and programs in the
community, in order to ensure that juveniles on probation
receive appropriate access to mental health and substance
abuse treatment programs and services.
``(c) Requirements.--To be eligible to receive an incentive
grant under this section, a State shall submit to the
Attorney General an application, in such form as shall be
prescribed by the Attorney General, which shall contain
assurances that, not later than 1 year after the date on
which the State submits such application--
``(1) the State has established or will establish a system
of graduated sanctions for juvenile offenders that ensures
appropriate sanctions, which are graduated to reflect the
severity or repeated nature of violations, for each act of
delinquency;
``(2) the State has established or will establish a policy
of drug testing (including followup testing) juvenile
offenders upon their arrest for any offense within an
appropriate category of offenses designated by the chief
executive officer of the State; and
``(3) the State has an established policy recognizing the
rights and needs of victims of crimes committed by juveniles.
``(d) Allocation and Distribution of State Grants.--
``(1) In general.--
``(A) State and local distribution.--Subject to
subparagraph (B), of amounts made available to the State, 30
percent may be retained by the State for use pursuant to
paragraph (2) and 70 percent shall be reserved by the State
for local distribution pursuant to paragraph (3).
``(B) Special rule.--The Attorney General may waive the
requirements of this paragraph with respect to any State in
which the criminal and juvenile justice services for
delinquent or other youth are organized primarily on a
statewide basis, in which case not more than 50 percent of
funds shall be made available to all units of local
government in that State pursuant to paragraph (3).
``(2) Other distribution.--Of amounts retained by the State
under paragraph (1)--
``(A) not less than 50 percent shall be designated for--
``(i) programs pursuant to paragraph (1) or (9) of
subsection (b), except that if the State designates any
amounts for purposes of construction or remodeling of short-
or long-term facilities pursuant to subsection (b)(9), such
amounts shall constitute not more than 50 percent of the
estimated construction or remodeling cost and that no funds
expended pursuant to this subparagraph may be used for the
incarceration of any offender who was more than 21 years of
age at the time of the offense, and no funds expended
pursuant to this subparagraph may be used for construction,
renovation, or expansion of facilities for such offenders,
except that funds may be used to construct juvenile
facilities collocated with adult facilities; or
``(ii) drug testing upon arrest for any offense within the
category of offenses designated pursuant to subsection
(c)(3), and intensive supervision thereafter pursuant to
programs under subsection (b)(7) and subsection (c)(3); and
``(B) not less than 25 percent shall be used for the
purposes set forth in paragraph (13), (14), or (15) of
subsection (b).
``(3) Local eligibility and distribution.--
``(A) In general.--
``(i) Local distribution subgrant eligibility.--To be
eligible to receive a subgrant, a unit of local government
shall provide such assurances to the State as the State shall
require, that, to the maximum extent applicable, the unit of
local government has laws or policies and programs that
comply with the eligibility requirements of subsection (c).
``(ii) Coordinated local effort.--Prior to receiving a
grant under this section, a unit of local government shall
certify that it has or will establish a coordinated
enforcement plan for reducing juvenile crime within the
jurisdiction of the unit of local government, developed by a
juvenile crime enforcement coalition, such coalition
consisting of individuals within the jurisdiction
representing the police, sheriff, prosecutor, State or local
probation services, juvenile court, schools, business, and
religious affiliated, fraternal, nonprofit, or social service
organizations involved in crime prevention.
``(B) Special rule.--The requirements of subparagraph (A)
shall apply to an eligible unit that receives funds from the
Attorney General under subparagraph (H), except that
information that would otherwise be submitted to the State
shall be submitted to the Attorney General.
``(C) Local distribution.--From amounts reserved for local
distribution under paragraph (1), the State shall allocate to
such units of local government an amount that bears the same
ratio to the aggregate amount of such funds as--
``(i) the sum of--
``(I) the product of--
``(aa) two-thirds; multiplied by
``(bb) the average law enforcement expenditure for such
unit of local government for the 3 most recent calendar years
for which such data is available; plus
``(II) the product of--
``(aa) one-third; multiplied by
``(bb) the average annual number of part 1 violent crimes
in such unit of local government for the 3 most recent
calendar years for which such data is available, bears to--
``(ii) the sum of the products determined under
subparagraph (A) for all such units of local government in
the State.
``(D) Expenditures.--The allocation any unit of local
government shall receive under paragraph (1) for a payment
period shall not exceed 100 percent of law enforcement
expenditures of the unit for such payment period.
``(E) Reallocation.--The amount of any unit of local
government's allocation that is not available to such unit by
operation of paragraph (2) shall be available to other units
of local government that are not affected by such operation
in accordance with this subsection.
``(F) Unavailability of data for units of local
government.--If the State has reason to believe that the
reported rate of part 1 violent crimes or law enforcement
expenditure for a unit of local government is insufficient or
inaccurate, the State shall--
``(i) investigate the methodology used by the unit to
determine the accuracy of the submitted data; and
``(ii) if necessary, use the best available comparable data
regarding the number of violent crimes or law enforcement
expenditure for the relevant years for the unit of local
government.
``(G) Local government with allocations less than $5,000.--
If, under this section, a unit of local government is
allocated less than $5,000 for a payment period, the amount
allocated shall be expended by the State on services to units
of local government whose allotment is less than such amount
in a manner consistent with this part.
``(H) Direct grants to eligible units.--
``(i) In general.--If a State does not qualify or apply for
a grant under this section, by the application deadline
established by the Attorney General, the Attorney General
shall reserve not more than 70 percent of the allocation that
the State would have received for grants under this section
under subsection (e) for such fiscal year to provide grants
to eligible units that meet the requirements for funding
under subparagraph (A).
``(ii) Award basis.--In addition to the qualification
requirements for direct grants for eligible units the
Attorney General may use the average amount allocated by the
States to like governmental units as a basis for awarding
grants under this section.
``(I) Allocation by units of local government.--Of the
total amount made available
[[Page S6115]]
under this section to a unit of local government for a fiscal
year, not less than 25 percent shall be used for the purposes
set forth in paragraph (13), (14), or (15) of subsection (b),
and not less than 50 percent shall be designated for--
``(i) paragraph (1) or (9) of subsection (b), except that,
if amounts are allocated for purposes of construction or
remodeling of short- or long-term facilities pursuant to
subsection (b)(9)--
``(I) the unit of local government shall coordinate such
expenditures with similar State expenditures;
``(II) Federal funds shall constitute not more than 50
percent of the estimated construction or remodeling cost; and
``(III) no funds expended pursuant to this clause may be
used for the incarceration of any offender who was more than
21 years of age at the time of the offense or for
construction, renovation, or expansion of facilities for such
offenders, except that funds may be used to construct
juvenile facilities collocated with adult facilities,
including separate buildings for juveniles and separate
juvenile wings, cells, or areas collocated within an adult
jail or lockup; or
``(ii) drug testing upon arrest for any offense within the
category of offenses designated pursuant to subsection
(c)(3), and intensive supervision thereafter pursuant to
programs under subsection (b)(7) and subsection (c)(3).
``(4) Nonsupplantation.--Amounts made available under this
section to the States (or units of local government in the
State) shall not be used to supplant State or local funds (or
in the case of Indian tribal governments, to supplant amounts
provided by the Bureau of Indian Affairs) but shall be used
to increase the amount of funds that would in the absence of
amounts received under this section, be made available from a
State or local source, or in the case of Indian tribal
governments, from amounts provided by the Bureau of Indian
Affairs.
``(e) Allocation of Grants Among Qualifying States;
Restrictions on Use.--
``(1) Allocation.--Amounts made available under this
section shall be allocated as follows:
``(A) 0.5 percent shall be allocated to each eligible
State.
``(B) The amount remaining after the allocation under
subparagraph (A) shall be allocated proportionately based on
the population that is less than 18 years of age in the
eligible States.
``(2) Restrictions on Use.--Amounts made available under
this section shall be subject to the restrictions of
subsections (a) and (b) of section 292 of the Juvenile
Justice and Delinquency Prevention Act of 1974, except that
the penalties in section 292(c) of such Act do not apply.
``(f) Grants to Indian Tribes.--
``(1) Reservation of funds.--Notwithstanding any other
provision of law, from the amounts appropriated pursuant to
section 291 of the Juvenile Justice and Delinquency
Prevention Act of 1974, for each fiscal year, the Attorney
General shall reserve an amount equal to the amount to which
all Indian tribes eligible to receive a grant under paragraph
(3) would collectively be entitled, if such tribes were
collectively treated as a State to carry out this subsection.
``(2) Grants to indian tribes.--From the amounts reserved
under paragraph (1), the Attorney General shall make grants
to Indian tribes for programs pursuant to the permissible
purposes under section 1801.
``(3) Applications.--To be eligible to receive a grant
under this subsection, an Indian tribe shall submit to the
Attorney General an application in such form and containing
such information as the Attorney General may by regulation
require. The requirements of subsection (c) apply to grants
under this subsection.
``SEC. 1802. JUVENILE CRIMINAL HISTORY GRANTS.
``(a) In General.--The Attorney General, through the
Director of the Bureau of Justice Statistics and with
consultation and coordination with the Office of Justice
Programs and the Attorney General, upon application from a
State (in such form and containing such information as the
Attorney General may reasonably require) shall make a grant
to each eligible State to be used by the State exclusively
for purposes of meeting the eligibility requirements of
subsection (b).
``(b) Eligibility.--A State is eligible for a grant under
subsection (a) if its application provides assurances that,
not later than 3 years after the date on which such
application is submitted, the State will--
``(1) maintain, at the adult State central repository in
accordance with the State's established practices and
policies relating to adult criminal history records--
``(A) a fingerprint supported record of the adjudication of
delinquency of any juvenile who commits an act that, if
committed by an adult, would constitute the offense of
murder, armed robbery, rape (except statutory rape), or a
felony offense involving sexual molestation of a child, or a
conspiracy or attempt to commit any such offense (all as
defined by State law), that is equivalent to, and maintained
and disseminated in the same manner and for the same purposes
as are adult criminal history records for the same offenses,
except that the record may include a notation of expungement
pursuant to State law; and
``(B) a fingerprint supported record of the adjudication of
delinquency of any juvenile who commits an act that, if
committed by an adult, would be a felony other than a felony
described in subparagraph (A) that is equivalent to, and
maintained and disseminated in the same manner for any
criminal justice purpose as are adult criminal history
records for the same offenses, except that the record may
include a notation of expungement pursuant to State law; and
``(2) will establish procedures by which an official of an
elementary, secondary, and post-secondary school may, in
appropriate circumstances (as defined by applicable State
law), gain access to the juvenile adjudication record of a
student enrolled at the school, or a juvenile who seeks,
intends, or is instructed to enroll at that school, if--
``(A) the official is subject to the same standards and
penalties under applicable Federal and State law relating to
the handling and disclosure of information contained in
juvenile adjudication records as are employees of law
enforcement and juvenile justice agencies in the State; and
``(B) information contained in the juvenile adjudication
record may not be used for the purpose of making an admission
determination.
``(c) Validity of Certain Judgments.--Nothing in this
section shall require States, in order to qualify for grants
under this title, to modify laws concerning the status of any
adjudication of juvenile delinquency or judgment of
conviction under the law of the State that entered the
judgment.
``(d) Definitions.--In this section--
``(1) the term `criminal justice purpose' means the use by
and within the criminal justice system for the detection,
apprehension, detention, pretrial release, post-trial
release, prosecution, adjudication, sentencing, disposition,
correctional supervision, or rehabilitation of accused
persons, criminal offenders, or juvenile delinquents; and
``(2) the term `expungement' means the nullification of the
legal effect of the conviction or adjudication to which the
record applies.
``SEC. 1803. GRANTS TO COURTS FOR STATE JUVENILE JUSTICE
SYSTEMS.
``(a) In General.--The Attorney General may make grants in
accordance with this section to States and units of local
government to assist State and local courts with juvenile
offender dockets.
``(b) Grant Purposes.--Grants under this section may be
used--
``(1) for technology, equipment, and training for judges,
probation officers, and other court personnel to implement an
accountability-based juvenile justice system that provides
substantial and appropriate sanctions that are graduated in
such manner as to reflect (for each delinquent act or
criminal offense) the severity or repeated nature of that act
or offense;
``(2) to hire additional judges, probation officers, other
necessary court personnel, victims counselors, and public
defenders for juvenile courts or adult courts with juvenile
offender dockets, including courts with specialized juvenile
drug offense or juvenile firearms offense dockets to reduce
juvenile court backlogs, and provide additional services to
make more effective systems of graduated sanctions designed
to reduce recidivism and deter future crimes or delinquent
acts by juvenile offenders;
``(3) to provide funding to enable juvenile courts and
juvenile probation officers to address drug, gang, and youth
violence problems more effectively; and
``(4) to provide funds to--
``(A) effectively supervise and monitor juvenile offenders
sentenced to probation or parole; and
``(B) enforce conditions of probation and parole imposed on
juvenile offenders, including drug testing and payment of
restitution.
``(c) Application.--
``(1) In general.--Each State or unit of local government
that applies for a grant under this section shall submit an
application to the Attorney General, in such form and
containing such information as the Attorney General may
reasonably require.
``(2) Requirements.--In submitting an application for a
grant under this part, a State or unit of local government
shall provide assurances that the State or unit of local
government will--
``(A) give priority to the prosecution of violent juvenile
offenders;
``(B) seek to reduce any backlogs in juvenile justice cases
and provide additional services to make more effective
systems of graduated sanctions designed to reduce recidivism
and deter future crimes or delinquent acts by juvenile
offenders;
``(C) give adequate consideration to the rights and needs
of victims of juvenile offenders; and
``(D) use amounts received under this section to supplement
(and not supplant) State and local resources.
``(d) Allocation of Grants.--
``(1) In general.--
``(A) Allocation to states.--
``(i) In general.--In awarding grants under this part, the
Attorney General may award grants provided for a State
(including units of local government in that State) an
aggregate amount equal to 0.75 percent of the amount made
available to the Attorney General by appropriations for this
section made pursuant to section 291(b)(1) of the Juvenile
Justice and Delinquency Prevention Act of 1974 (reduced by
amounts reserved under subsection (e)).
``(ii) Adjustment.--If the Attorney General determines that
an insufficient number of applications have been submitted
for a
[[Page S6116]]
State, the Attorney General may adjust the aggregate amount
awarded for a State under clause (i).
``(B) Remaining amounts.--Of the adjusted amounts available
to the Attorney General to carry out the grant program under
this section referred to in subparagraph (A) that remain
after the Attorney General distributes the amounts specified
in that subparagraph (referred to in this subparagraph as the
`remaining amount') the Attorney General may award an
additional aggregate amount to each State (including any
political subdivision thereof) that (or with respect to which
a political subdivision thereof) submits an application that
is approved by the Attorney General under this section that
bears the same ratio to the remaining amount as the
population of juveniles residing in that State bears to the
population of juveniles residing in all States.
``(2) Equitable distribution.--The Attorney General shall
ensure that the distribution of grant amounts made available
for a State (including units of local government in that
State) under this section is made on an equitable geographic
basis, to ensure that--
``(A) an equitable amount of available funds are directed
to rural areas, including those jurisdictions serving smaller
urban and rural communities located along interstate
transportation routes that are adversely affected by
interstate criminal gang activity, such as illegal drug
trafficking; and
``(B) the amount allocated to a State is equitably divided
between the State, counties, and other units of local
government to reflect the relative responsibilities of each
such unit of local government.
``(e) Administration; Technical Assistance.--
``(1) In general.--The Attorney General may reserve for
each fiscal year not more than 2 percent of amounts
appropriated for this section pursuant to section 291(b)(1)
of the Juvenile Justice and Delinquency Prevention Act of
1974--
``(A) for the administration of this section; and
``(B) for the provision of technical assistance to
recipients of or applicants for grant awards under this
section.
``(2) Carryover provision.--Any amounts reserved for any
fiscal year pursuant to paragraph (1) that are not expended
during that fiscal year shall remain available until
expended, except that any amount reserved under this
subsection for the succeeding fiscal year from amounts made
available by appropriations shall be reduced by an amount
equal to the amount that remains available.
``(f) Availability of Funds.--Any grant amounts awarded
under this section shall remain available until expended.''.
SEC. 322. PILOT PROGRAM TO PROMOTE REPLICATION OF RECENT
SUCCESSFUL JUVENILE CRIME REDUCTION STRATEGIES.
(a) Pilot Program To Promote Replication of Recent
Successful Juvenile Crime Reduction Strategies.--
(1) Establishment.--The Attorney General (or a designee of
the Attorney General), in conjunction with the Secretary of
the Treasury (or the designee of the Secretary), shall
establish a pilot program (referred to in this section as the
``program'') to encourage and support communities that adopt
a comprehensive approach to suppressing and preventing
violent juvenile crime patterned after successful State
juvenile crime reduction strategies.
(2) Program.--In carrying out the program, the Attorney
General shall--
(A) make and track grants to grant recipients (referred to
in this section as ``coalitions'');
(B) in conjunction with the Secretary of the Treasury,
provide for technical assistance and training, data
collection, and dissemination of relevant information; and
(C) provide for the general administration of the program.
(3) Administration.--Not later than 30 days after the date
of enactment of this Act, the Attorney General shall appoint
or designate an Administrator (referred to in this section as
the ``Administrator'') to carry out the program.
(4) Program authorization.--To be eligible to receive an
initial grant or a renewal grant under this section, a
coalition shall meet each of the following criteria:
(A) Composition.--The coalition shall consist of 1 or more
representatives of--
(i) the local police department or sheriff's department;
(ii) the local prosecutors' office;
(iii) the United States Attorney's office;
(iv) the Federal Bureau of Investigation;
(v) the Bureau of Alcohol, Tobacco and Firearms;
(vi) State or local probation officers;
(vii) religious affiliated or fraternal organizations
involved in crime prevention;
(viii) schools;
(ix) parents or local grass roots organizations such as
neighborhood watch groups;
(x) local recreation agencies; and
(xi) social service agencies involved in crime prevention.
(B) Other participants.--If possible, in addition to the
representatives from the categories listed in subparagraph
(A), the coalition shall include--
(i) representatives from the business community; and
(ii) researchers who have studied criminal justice and can
offer technical or other assistance.
(C) Coordinated strategy.--A coalition shall submit to the
Attorney General, or the Attorney General's designee, a
comprehensive plan for reducing violent juvenile crime. To be
eligible for consideration, a plan shall--
(i) ensure close collaboration among all members of the
coalition in suppressing and preventing juvenile crime;
(ii) place heavy emphasis on coordinated enforcement
initiatives, such as Federal and State programs that
coordinate local police departments, prosecutors, and local
community leaders to focus on the suppression of violent
juvenile crime involving gangs;
(iii) ensure that there is close collaboration between
police and probation officers in the supervision of juvenile
offenders, such as initiatives that coordinate the efforts of
parents, school officials, and police and probation officers
to patrol the streets and make home visits to ensure that
offenders comply with the terms of their probation;
(iv) ensure that a program is in place to trace all
firearms seized from crime scenes or offenders in an effort
to identify illegal gun traffickers; and
(v) ensure that effective crime prevention programs are in
place, such as programs that provide after-school safe havens
and other opportunities for at-risk youth to escape or avoid
gang or other criminal activity, and to reduce recidivism.
(D) Accountability.--A coalition shall--
(i) establish a system to measure and report outcomes
consistent with common indicators and evaluation protocols
established by the Administrator and that receives the
approval of the Administrator; and
(ii) devise a detailed model for measuring and evaluating
the success of the plan of the coalition in reducing violent
juvenile crime, and provide assurances that the plan will be
evaluated on a regular basis to assess progress in reducing
violent juvenile crime.
(5) Grant amounts.--
(A) In general.--The Administrator may grant to an eligible
coalition under this paragraph, an amount not to exceed the
amount of non-Federal funds raised by the coalition,
including in-kind contributions, for that fiscal year.
(B) Nonsupplanting requirement.--A coalition seeking funds
shall provide reasonable assurances that funds made available
under this program to States or units of local government
shall be so used as to supplement and increase (but not
supplant) the level of the State, local, and other non-
Federal funds that would in the absence of such Federal funds
be made available for programs described in this section, and
shall in no event replace such State, local, or other non-
Federal funds.
(C) Suspension of grants.--If a coalition fails to continue
to meet the criteria set forth in this section, the
Administrator may suspend the grant, after providing written
notice to the grant recipient and an opportunity to appeal.
(D) Renewal grants.--Subject to subparagraph (D), the
Administrator may award a renewal grant to grant recipient
under this subparagraph for each fiscal year following the
fiscal year for which an initial grant is awarded, in an
amount not to exceed the amount of non-Federal funds raised
by the coalition, including in-kind contributions, for that
fiscal year, during the 4-year period following the period of
the initial grant.
(E) Limitation.--The amount of a grant award under this
section may not exceed $300,000 for a fiscal year.
(6) Permitted use of funds.--A coalition receiving funds
under this section may expend such Federal funds on any use
or program that is contained in the plan submitted to the
Administrator.
(7) Congressional consultation.--
(A) In general.--Two years after the date of implementation
of the program established in this section, the Comptroller
General of the United States shall submit to Congress a
report reviewing the effectiveness of the program in
suppressing and reducing violent juvenile crime in the
participating communities.
(B) Contents of report.--The report submitted under
subparagraph (A) shall include--
(i) an analysis of each community participating in the
program, along with information regarding the plan undertaken
in the community, and the effectiveness of the plan in
reducing violent juvenile crime; and
(ii) recommendations regarding the efficacy of continuing
the program.
(b) Information Collection and Dissemination With Respect
to Coalitions.--
(1) Coalition information.--For the purpose of audit and
examination, the Attorney General--
(A) shall have access to any books, documents, papers, and
records that are pertinent to any grant or grant renewal
request under this section; and
(B) may periodically request information from a coalition
to ensure that the coalition meets the applicable criteria.
(2) Reporting.--The Attorney General shall, to the maximum
extent practicable and in a manner consistent with applicable
law, minimize reporting requirements by a coalition and
expedite any application for a renewal grant made under this
section.
(c) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out this section $3,000,000 for each of fiscal years
2000 through 2003.
[[Page S6117]]
(2) Source of sums.--Amounts authorized to be appropriated
pursuant to this subsection may be derived from the Violent
Crime Reduction Trust Fund.
SEC. 323. REPEAL OF UNNECESSARY AND DUPLICATIVE PROGRAMS.
(a) Violent Crime Control and Law Enforcement Act of
1994.--
(1) Title iii.--Title III of the Violent Crime Control and
Law Enforcement Act of 1994 (42 U.S.C. 13741 et seq.) is
amended by striking subtitles A through C, and subtitles G
through S.
(2) Title xxvii.--Title XXVII of the Violent Crime Control
and Law Enforcement Act of 1994 (42 U.S.C. 14191 et seq.) is
repealed.
(b) Reform of GREAT Program.--Section 32401(a) of the
Violent Crime Control and Law Enforcement Act of 1994 (42
U.S.C. 13921(a)) is amended--
(1) by striking paragraph (2) and inserting the following:
``(2) Selection of communities.--
``(A) In general.--Each community identified for a GREAT
project referred to in paragraph (1) shall be selected by the
Secretary of the Treasury on the basis of--
``(i) the level of gang activity and youth violence in the
area in which the community is located;
``(ii) the number of schools in the community in which
training would be provided under the project;
``(iii) the number of students who would receive the
training referred to in clause (ii) in schools referred to in
that clause; and
``(iv) a written description from officials of the
community explaining the manner in which funds made available
to the community under this section would be allocated.
``(B) Equitable selection.--The Secretary of the Treasury
shall ensure that--
``(i) communities are identified and selected for GREAT
projects under this subsection on an equitable geographic
basis (except that this clause shall not be construed to
require the termination of any projects selected prior to the
beginning of fiscal year 1999); and
``(ii) the communities referred to in clause (i) include
rural communities.''; and
(2) in paragraph (3)--
(A) in subparagraph (A), by striking ``50 percent'' and
inserting ``85 percent''; and
(B) in subparagraph (B), by striking ``50 percent'' and
inserting ``15 percent''.
SEC. 324. EXTENSION OF VIOLENT CRIME REDUCTION TRUST FUND.
(a) In General.--Section 310001(b) of the Violent Crime
Control and Law Enforcement Act of 1994 (42 U.S.C. 14211) is
amended by striking paragraphs (1) through (5) and inserting
the following:
``(1) for fiscal year 2001, $6,025,000,000;
``(2) for fiscal year 2002, $6,169,000,000;
``(3) for fiscal year 2003, $6,316,000,000;
``(4) for fiscal year 2004, $6,458,000,000; and
``(5) for fiscal year 2005, $6,616,000,000.''.
(b) Discretionary Limits.--Title XXXI of the Violent Crime
Control and Law Enforcement Act of 1994 (42 U.S.C. 14211 et
seq.) is amended by inserting after section 310001 the
following:
``SEC. 310002. DISCRETIONARY LIMITS.
``For the purposes of allocations made for the
discretionary category pursuant to section 302(a) of the
Congressional Budget Act of 1974 (2 U.S.C. 633(a)), the term
`discretionary spending limit' means--
``(1) with respect to fiscal year 2001--
``(A) for the discretionary category, amounts of budget
authority and outlays necessary to adjust the discretionary
spending limits to reflect the changes in subparagraph (B) as
determined by the Chairman of the Budget Committee; and
``(B) for the violent crime reduction category:
$6,025,000,000 in new budget authority and $5,718,000,000 in
outlays;
``(2) with respect to fiscal year 2002--
``(A) for the discretionary category, amounts of budget
authority and outlays necessary to adjust the discretionary
spending limits to reflect the changes in subparagraph (B) as
determined by the Chairman of the Budget Committee; and
``(B) for the violent crime reduction category:
$6,169,000,000 in new budget authority and $6,020,000,000 in
outlays; and
``(3) with respect to fiscal year 2003--
``(A) for the discretionary category, amounts of budget
authority and outlays necessary to adjust the discretionary
spending limits to reflect the changes in subparagraph (B) as
determined by the Chairman of the Budget Committee; and
``(B) for the violent crime reduction category:
$6,316,000,000 in new budget authority and $6,161,000,000 in
outlays;
``(4) with respect to fiscal year 2004--
``(A) for the discretionary category, amounts of budget
authority and outlays necessary to adjust the discretionary
spending limits to reflect the changes in subparagraph (B) as
determined by the Chairman of the Budget Committee; and
``(B) for the violent crime reduction category: $6,458,000
in new budget authority and $6,303,000,000 in outlays; and
``(5) with respect to fiscal year 2005--
``(A) for the discretionary category, amounts of budget
authority and outlays necessary to adjust the discretionary
spending limits to reflect the changes in subparagraph (B) as
determined by the Chairman of the Budget Committee; and
``(B) for the violent crime reduction category: $6,616,000
in new budget authority and $6,452,000,000 in outlays;
as adjusted in accordance with section 251(b) of the Balanced
Budget and Emergency Deficit Control Act of 1985 (2 U.S.C.
901(b)) and section 314 of the Congressional Budget Act of
1974.''.
SEC. 325. REIMBURSEMENT OF STATES FOR COSTS OF INCARCERATING
JUVENILE ALIENS.
(a) In General.--Section 501 of the Immigration Reform and
Control Act of 1986 (8 U.S.C. 1365) is amended--
(1) in subsection (a), by inserting ``or illegal juvenile
alien who has been adjudicated delinquent and committed to a
juvenile correctional facility by such State or locality''
before the period;
(2) in subsection (b), by inserting ``(including any
juvenile alien who has been adjudicated delinquent and has
been committed to a correctional facility)'' before ``who is
in the United States unlawfully''; and
(3) by adding at the end the following:
``(f) Juvenile Alien Defined.--In this section, the term
`juvenile alien' means an alien (as defined in section
101(a)(3) of the Immigration and Nationality Act) who has
been adjudicated delinquent and committed to a correctional
facility by a State or locality as a juvenile offender.''.
(b) Annual Report.--Section 332 of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C.
1366) is amended--
(1) by striking ``and'' at the end of paragraph (3);
(2) by striking the period at the end of paragraph (4) and
inserting ``; and''; and
(3) by adding at the end the following:
``(5) the number of illegal juvenile aliens that are
committed to State or local juvenile correctional facilities,
including the type of offense committed by each juvenile.''.
(c) Conforming Amendment.--Section 241(i)(3)(B) of the
Immigration and Nationality Act (8 U.S.C. 1231(i)(3)(B)) is
amended--
(1) by striking ``or'' at the end of clause (ii);
(2) by striking the period at the end of clause (iii) and
inserting ``; or''; and
(3) by adding at the end the following:
``(iv) is a juvenile alien with respect to whom section 501
of the Immigration Reform and Control Act of 1986 applies.''.
Subtitle C--Alternative Education and Delinquency Prevention
SEC. 331. ALTERNATIVE EDUCATION.
Part D of title I of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6421 et seq.) is amended by adding at
the end the following:
``Subpart 4--Alternative Education Demonstration Project Grants
``SEC. 1441. PROGRAM AUTHORITY.
``(a) Grants.--
``(1) In general.--From amounts appropriated under section
1443, the Secretary, in consultation with the Administrator,
shall make grants to State educational agencies or local
educational agencies for not less than 10 demonstration
projects that enable the agencies to develop models for and
carry out alternative education for at-risk youth.
``(2) Construction.--Nothing in this subpart shall be
construed to affect the requirements of the Individuals with
Disabilities Education Act.
``(b) Demonstration Projects.--
``(1) Partnerships.--Each agency receiving a grant under
this subpart may enter into a partnership with a private
sector entity to provide alternative educational services to
at-risk youth.
``(2) Requirements.--Each demonstration project assisted
under this subpart shall--
``(A) accept for alternative education at-risk or
delinquent youth who are referred by a local school or by a
court with a juvenile delinquency docket and who--
``(i) have demonstrated a pattern of serious and persistent
behavior problems in regular schools;
``(ii) are at risk of dropping out of school;
``(iii) have been convicted of a criminal offense or
adjudicated delinquent for an act of juvenile delinquency,
and are under a court's supervision; or
``(iv) have demonstrated that continued enrollment in a
regular classroom--
``(I) poses a physical threat to other students; or
``(II) inhibits an atmosphere conducive to learning; and
``(B) provide for accelerated learning, in a safe, secure,
and disciplined environment, including--
``(i) basic curriculum focused on mastery of essential
skills, including targeted instruction in basic skills
required for secondary school graduation; and
``(ii) emphasis on--
``(I) personal, academic, social, and workplace skills; and
``(II) behavior modification.
``(c) Applicability.--Except as provided in subsections (c)
and (e) of section 1442, the provisions of section 1401(c),
1402, and 1431, and subparts 1 and 2, shall not apply to this
subpart.
``(d) Definition of Administrator.--In this subpart, the
term `Administrator' means the Administrator of the Office of
Juvenile Crime Control and Prevention of the Department of
Justice.
``SEC. 1442. APPLICATIONS; GRANTEE SELECTION.
``(a) Applications.--Each State educational agency and
local educational agency seeking a grant under this subpart
shall submit an application in such form, and containing such
information, as the Secretary,
[[Page S6118]]
in consultation with the Administrator, may reasonably
require.
``(b) Selection of Grantees.--
``(1) In general.--The Secretary shall select State
educational agencies and local educational agencies to
receive grants under this subpart on an equitable geographic
basis, including selecting agencies that serve urban,
suburban, and rural populations.
``(2) Minimum.--The Secretary shall award a grant under
this subpart to not less than 1 agency serving a population
with a significant percentage of Native Americans.
``(3) Priority.--In awarding grants under this subpart, the
Secretary may give priority to State educational agencies and
local educational agencies that demonstrate in the
application submitted under subsection (a) that the State has
a policy of equitably distributing resources among school
districts in the State.
``(c) Qualifications.--To qualify for a grant under this
subpart, a State educational agency or local educational
agency shall--
``(1) in the case of a State educational agency, have
submitted a State plan under section 1414(a) that is approved
by the Secretary;
``(2) in the case of a local educational agency, have
submitted an application under section 1423 that is approved
by the State educational agency;
``(3) certify that the agency will comply with the
restrictions of section 292 of the Juvenile Justice and
Delinquency Prevention Act of 1974;
``(4) explain the educational and juvenile justice needs of
the community to be addressed by the demonstration project;
``(5) provide a detailed plan to implement the
demonstration project; and
``(6) provide assurances and an explanation of the agency's
ability to continue the program funded by the demonstration
project after the termination of Federal funding under this
subpart.
``(d) Matching Requirement.--
``(1) In general.--Grant funds provided under this subpart
shall not constitute more than 35 percent of the cost of the
demonstration project funded.
``(2) Source of funds.--Matching funds for grants under
this subpart may be derived from amounts available under
section 205, or part B of title II, of the Juvenile Justice
and Delinquency Prevention Act of 1974 (42 U.S.C. 5611 et
seq.) to the State in which the demonstration project will be
carried out, except that the total share of funds derived
from Federal sources shall not exceed 50 percent of the cost
of the demonstration project.
``(e) Program Evaluation.--
``(1) In general.--Each State educational agency or local
educational agency that receives a grant under this subpart
shall evaluate the demonstration project assisted under this
subpart in the same manner as programs are evaluated under
section 1431. In addition, the evaluation shall include--
``(A) an evaluation of the effect of the alternative
education project on order, discipline, and an effective
learning environment in regular classrooms;
``(B) an evaluation of the project's effectiveness in
improving the skills and abilities of at-risk students
assigned to alternative education, including an analysis of
the academic and social progress of such students; and
``(C) an evaluation of the project's effectiveness in
reducing juvenile crime and delinquency, including--
``(i) reductions in incidents of campus crime in relevant
school districts, compared with school districts not included
in the project; and
``(ii) reductions in recidivism by at-risk students who
have juvenile justice system involvement and are assigned to
alternative education.
``(2) Evaluation by the secretary.--The Secretary, in
cooperation with the Administrator, shall comparatively
evaluate each of the demonstration projects funded under this
subpart, including an evaluation of the effectiveness of
private sector educational services, and shall report the
findings of the evaluation to the Committee on Education and
the Workforce of the House of Representatives and the
Committees on the Judiciary and Health, Education, Labor and
Pensions of the Senate not later than June 30, 2005.
``SEC. 1443. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this
subpart $15,000,000 for each of fiscal years 2000, 2001,
2002, and 2003.''.
Subtitle D--Parenting as Prevention
SEC. 341. SHORT TITLE.
This subtitle shall be cited as the ``Parenting as
Prevention Act''.
SEC. 342. ESTABLISHMENT OF PROGRAM.
The Secretary of Health and Human Services, in consultation
with the Attorney General, the Secretary of Education, the
Secretary of Housing and Urban Development, the Secretary of
Labor, the Secretary of Agriculture, and the Secretary of
Defense shall establish a parenting support and education
program as provided in sections 343, 344, and 345.
SEC. 343. NATIONAL PARENTING SUPPORT AND EDUCATION
COMMISSION.
(a) Establish Commission.--The Secretary of Health and
Human Services shall establish a National Parenting Support
and Education Commission (hereinafter referred to as the
``Commission'') to identify the best practices for parenting
and to provide practical parenting advice for parents and
caregivers based on the best available research data. She
shall provide the Commission with necessary staff and other
resources to fulfill its duties.
(b) Membership of Commission.--The Secretary shall appoint
the Commission after consultation with the cabinet members
identified in section 342. The Commission shall consist of
the following members--
(1) an adolescent representative;
(2) a parent representative;
(3) an expert in brain research;
(4) experts in child development, youth development, early
childhood education, primary education, and secondary
education;
(5) an expert in children's mental health;
(6) an expert on children's health and nutrition;
(7) an expert on child abuse prevention, diagnosis, and
treatment;
(8) a representative of parenting support programs;
(9) a representative of parenting education;
(10) a representative from law enforcement;
(11) an expert on firearm safety programs;
(12) a representative from a nonprofit organization that
delivers services to children and their families which may
include a faith based organization; and
(13) such other representatives as the Secretary deems
necessary.
(c) Duties of Commission.--The Commission shall--
(1) identify best parenting practices for parents and
caregivers of young children on topics including but not
limited to brain stimulation, developing healthy attachments
and social relationships, anger management and conflict
resolution, character development, discipline, controlling
access to television and other entertainment including
computers, firearms safety, mental health, health care and
nutrition including breastfeeding, encouraging reading and
lifelong learning habits, and recognition and treatment of
developmental and behavioral problems;
(2) identify best parenting practices of adolescents and
pre-adolescents on topics including but not limited to
methods of addressing peer pressure with respect to underage
drinking, sexual relations, illegal drug use, and other
negative behavior; developing healthy social and family
relationships; exercising discipline; controlling access to
television and other entertainment including computers, video
games, and movies; firearm safety; encouraging success in
school; and other issues of concern to parents of
adolescents;
(3) identify best parenting practices and resources
available for parents and caregivers of children with special
needs including fetal alcohol syndrome, fetal alcohol effect,
mental illness, autism, retardation, learning disabilities,
behavioral disorders, chronic illness, and physical
disabilities; and
(4) review existing parenting support and education
programs and the data evaluating them and make
recommendations to the Secretary and the Congress on which
are most effective and should receive Federal support within
18 months of appointment.
(d) Public Hearings and Testimony.--The Commission shall
conduct four public hearings, shall solicit and receive
testimony from national experts and national organizations,
shall conduct a comprehensive review of academic and other
research literature, and shall seek information from the
Governors on existing brain development and parenting
programs which have been most successful.
(e) Publication of Materials.--If not otherwise available,
the Commission shall prepare materials which may include
written material, videotapes, CD's, and other audio and
visual material on best parenting practices and shall make
them available for distribution to parents, caregivers, and
others through State and local government programs,
hospitals, maternity centers, and other health care
providers, adoption agencies, schools, public housing units,
child care centers, and social service providers. If such
materials are already available, the Commission may print,
reproduce, and distribute such materials.
(f) Reporting Requirement.--The Commission shall prepare
and submit a report of its findings and recommendations to
the Secretary and the Congress no later than 18 months after
appointment.
(g) Authorization of Funds.--There is authorized to be
appropriated in fiscal year 2000 such sums as may be
necessary to support the work of the Commission and to
produce and distribute the materials described in subsection
(e). Such sum shall remain available until expended. Any fund
appropriated pursuant to this section shall remain available
until expended.
SEC. 344. STATE AND LOCAL PARENTING SUPPORT AND EDUCATION
GRANT PROGRAM.
(a) State Allotments.--The Secretary shall make allotments
to eligible States to support parenting support and training
programs. Each State shall receive an amount that bears the
same relationship to the amount appropriated as the total
number of children in the State bears to the total number of
children in all States, but no State shall receive less than
one-half of one percent of the state allocation. From the
amounts provided to each State with Indian or Alaska Native
populations exceeding two percent of its total statewide
population, the Governor shall set aside two percent for
Indian tribes as that term is defined in section
[[Page S6119]]
4(e) of the Indian Self-Determination and Education
Assistance Act (P.L. 93-638, as amended; 25 U.S.C. 450b(e))
which shall be distributed based on the percentage of Indian
children in each tribe except that with respect to Alaska,
the funds shall be distributed to the nonprofit entities
described in section 419(4)(B) of the Social Security Act
pursuant to section 103 of Public Law 104-193 (110 Stat.
2159, 2160; 42 U.S.C. 619(4)(B)) which shall be allocated
based on the percentage of Alaska Native children in each
region.
(b) State Parenting Support and Education Council.--To be
eligible to receive Federal funding, the Governor of each
State shall appoint a State Parenting Support and Education
Council (hereinafter referred to as the ``Council'') which
shall include parent representatives, representatives of the
State government, bipartisan representation from the State
legislature, representatives from local communities, and
interested children's organizations, except that the Governor
may designate an existing entity that includes such groups.
The Council shall conduct a needs and resources assessment of
parenting support and education programs in the State to
determine where programs are lacking or inadequate and
identify what additional programs are needed and which
programs require additional resources. It shall consider the
findings and recommendations of the Parenting Commission in
making those determinations. Upon completion of the
assessment, the Council may consider grant applications from
the State to provide statewide programs, from local
communities including schools, and from nonprofit service
providers including faith based organizations.
(c) Grants.--Grants may be made for:
(1) Parenting support to promote early brain development
and childhood development and education including--
(A) assistance to schools to offer classroom instruction on
brain stimulation, child development, and early childhood
education;
(B) distribution of materials developed by the Commission
or another entity that reflect best parenting practices;
(C) development and distribution of referral information on
programs and services available to children and families at
the local level, including eligibility criteria;
(D) voluntary hospital visits for postpartum women and in-
home visits for families with infants, toddlers, or newly
adopted children to provide hands-on training and one-on-one
instruction on brain stimulation, child development, and
early childhood education;
(E) parenting education programs including training with
respect to the best parenting practices identified in
subsection (c).
(2) Parenting support for adolescents and youth including
funds for services and support for parents and other
caregivers of young people being served by a range of
education, social service, mental health, health, runaway and
homeless youth programs. Programs may include the Boys and
Girls Club, YMCA and YWCA, after school programs, 4-H
programs, or other community based organizations. Eligible
activities may include parent-caregiver support groups, peer
support groups, parent education classes, seminars or
discussion groups on problems facing adolescents, advocates
and mentors to help parents understand and work with schools,
the courts, and various treatment programs.
(3) Parenting support and education resource centers
including--
(A) development of parenting resource centers which may
serve as a single point of contact for the provision of
comprehensive services available to children and their
families including Federal, State, and local governmental and
nonprofit services available to children. Such services may
include child care, respite care, pediatric care, child abuse
prevention programs, nutrition programs, parent training,
infant and child CPR and safety training programs, caregiver
training and education, and other related programs;
(B) a national toll free anonymous parent hotline with 24
hour a day consultation and advice including referral to
local community based services;
(C) respite care for parents with children with special
needs, single mothers, and at-risk youth.
(d) Reporting.--Each entity that receives a grant under
this section shall submit a report every 2 years to the
Council describing the program it has developed, the number
of parents and children served, and the success of the
program using specific performance measures.
(e) Administrative Costs.--Not more than 5 percent of the
amounts received by a State may be used to pay for the
administrative expenses of the Council in implementing the
grant program.
(f) Supplement not Supplant.--Funds appropriated pursuant
to this section shall be used to supplement and not supplant
other Federal, State, and local public funds expended for
parenting support and education programs.
(g) Authorization of Funds.--There is authorized to be
appropriated such sums as are necessary for fiscal year 2000
and subsequent fiscal years.
SEC. 345. GRANTS TO ADDRESS THE PROBLEM OF VIOLENCE RELATED
STRESS TO PARENTS AND CHILDREN.
(a) Findings.--The Congress finds that a child's brain is
wired between the ages of 0-3. A child's ability to learn,
develop healthy family and social relationships, resist peer
pressure, and control violent impulses depends on the quality
and quantity of brain stimulation he receives. Research shows
that children exposed to negative brain stimulation in the
form of physical and sexual abuse and violence in the family
or community causes the brain to be miswired making it
difficult for the child to be successful in life.
Intervention early in a child's life to correct the miswiring
is much more successful than adult rehabilitation efforts.
(b) In General.--The Secretary shall award grants, enter
into contracts or cooperative agreements to public and
nonprofit private entities, as well as to Indian tribes,
Native Hawaiians, and Alaska Native nonprofit corporations to
establish national and regional centers of excellence on
psychological trauma response and to identify the best
practices for treating psychiatric and behavioral disorders
resulting from children witnessing or experiencing such
stress.
(c) Priorities.--In awarding grants, contracts or
cooperative agreements under subsection (a) related to the
identifying best practices for treating disorders associated
with psychological trauma, the Secretary shall give priority
to programs that work with children, adolescents, adults, and
families who are survivors and witnesses of child abuse,
domestic, school, and community violence, and disasters.
(d) Geographical Distribution.--The Secretary shall ensure
that grants, contracts, or cooperative agreements under
subsection (a) with respect to centers of excellence are
distributed equitably among the regions of the country and
among urban and rural areas.
(e) Evaluation.--The Secretary shall require that each
applicant for a grant, contract or cooperative agreement
under subsection (a) submit a plan as part of his application
for the rigorous evaluation of the activities funded under
the grant, contract or agreement, including both process and
outcomes evaluation, and the submission of an evaluation at
the end of the project period.
(f) Duration of Awards.--With respect to a grant, contract
or cooperative agreement under this section, the period
during which payments under such an award will be made to the
recipient may not be less than 3 years. Such grants, contract
or agreement may be renewed.
(g) Report.--Not later than 1 year after the date of
enactment of this section, the General Accounting Office
shall prepare and submit to the Committee on Health,
Education, Labor, and Pensions of the Senate and the
Committee on Commerce of the House of Representatives a
report concerning whether individuals are covered for post-
traumatic stress disorders under public and private health
plans, and the course of treatment, if any, that is covered.
(h) Authorization of Appropriations.--There is authorized
to be appropriated such sums as are necessary to carry out
this section for fiscal year 2000 and subsequent fiscal
years.
TITLE IV--VOLUNTARY MEDIA AGREEMENTS FOR CHILDREN'S PROTECTION
Subtitle A--Children and the Media
SEC. 401. SHORT TITLE.
This subtitle may be cited as the ``Children's Protection
Act of 1999''.
SEC. 402. FINDINGS.
Congress makes the following findings:
(1) Television is seen and heard in nearly every United
States home and is a uniquely pervasive presence in the daily
lives of Americans. The average American home has 2.5
televisions, and a television is turned on in the average
American home 7 hours every day.
(2) Television plays a particularly significant role in the
lives of children. Figures provided by Nielsen Research show
that children between the ages of 2 years and 11 years spend
an average of 21 hours in front of a television each week.
(3) Television has an enormous capability to influence
perceptions, especially those of children, of the values and
behaviors that are common and acceptable in society.
(4) The influence of television is so great that its images
and messages often can be harmful to the development of
children. Social science research amply documents a strong
correlation between the exposure of children to televised
violence and a number of behavioral and psychological
problems.
(5) Hundreds of studies have proven conclusively that
children who are consistently exposed to violence on
television have a higher tendency to exhibit violent and
aggressive behavior, both as children and later in life.
(6) Such studies also show that repeated exposure to
violent programming causes children to become desensitized to
and more accepting of real-life violence and to grow more
fearful and less trusting of their surroundings.
(7) A growing body of social science research indicates
that sexual content on television can also have a significant
influence on the attitudes and behaviors of young viewers.
This research suggests that heavy exposure to programming
with strong sexual content contributes to the early
commencement of sexual activity among teenagers.
(8) Members of the National Association of Broadcasters
(NAB) adhered for many years to a comprehensive code of
conduct that was based on an understanding of the influence
exerted by television and on a widely held sense of
responsibility for using that influence carefully.
(9) This code of conduct, the Television Code of the
National Association of Broadcasters, articulated this sense
of responsibility as follows:
(A) ``In selecting program subjects and themes, great care
must be exercised to be
[[Page S6120]]
sure that the treatment and presentation are made in good
faith and not for the purpose of sensationalism or to shock
or exploit the audience or appeal to prurient interests or
morbid curiosity.''.
(B) ``Broadcasters have a special responsibility toward
children. Programs designed primarily for children should
take into account the range of interests and needs of
children, from instructional and cultural material to a wide
variety of entertainment material. In their totality,
programs should contribute to the sound, balanced development
of children to help them achieve a sense of the world at
large and informed adjustments to their society.''.
(C) ``Violence, physical, or psychological, may only be
projected in responsibly handled contexts, not used
exploitatively. Programs involving violence present the
consequences of it to its victims and perpetrators.
Presentation of the details of violence should avoid the
excessive, the gratuitous and the instructional.''.
(D) ``The presentation of marriage, family, and similarly
important human relationships, and material with sexual
connotations, shall not be treated exploitatively or
irresponsibly, but with sensitivity.''.
(E) ``Above and beyond the requirements of the law,
broadcasters must consider the family atmosphere in which
many of their programs are viewed. There shall be no graphic
portrayal of sexual acts by sight or sound. The portrayal of
implied sexual acts must be essential to the plot and
presented in a responsible and tasteful manner.''.
(10) The National Association of Broadcasters abandoned the
code of conduct in 1983 after three provisions of the code
restricting the sale of advertising were challenged by the
Department of Justice on antitrust grounds and a Federal
district court issued a summary judgment against the National
Association of Broadcasters regarding one of the provisions
on those grounds. However, none of the programming standards
of the code were challenged.
(11) While the code of conduct was in effect, its
programming standards were never found to have violated any
antitrust law.
(12) Since the National Association of Broadcasters
abandoned the code of conduct, programming standards on
broadcast and cable television have deteriorated
dramatically.
(13) In the absence of effective programming standards,
public concern about the impact of television on children,
and on society as a whole, has risen substantially. Polls
routinely show that more than 80 percent of Americans are
worried by the increasingly graphic nature of sex, violence,
and vulgarity on television and by the amount of programming
that openly sanctions or glorifies criminal, antisocial, and
degrading behavior.
(14) At the urging of Congress, the television industry has
taken some steps to respond to public concerns about
programming standards and content. The broadcast television
industry agreed in 1992 to adopt a set of voluntary
guidelines designed to ``proscribe gratuitous or excessive
portrayals of violence''. Shortly thereafter, both the
broadcast and cable television industries agreed to conduct
independent studies of the violent content in their
programming and make those reports public.
(15) In 1996, the television industry as a whole made a
commitment to develop a comprehensive rating system to label
programming that may be harmful or inappropriate for
children. That system was implemented at the beginning of
1999.
(16) Despite these efforts to respond to public concern
about the impact of television on children, millions of
Americans, especially parents with young children, remain
angry and frustrated at the sinking standards of television
programming, the reluctance of the industry to police itself,
and the harmful influence of television on the well-being of
the children and the values of the United States.
(17) The Department of Justice issued a ruling in 1993
indicating that additional efforts by the television industry
to develop and implement voluntary programming guidelines
would not violate the antitrust laws. The ruling states that
``such activities may be likened to traditional standard
setting efforts that do not necessarily restrain competition
and may have significant procompetitive benefits . . . . Such
guidelines could serve to disseminate valuable information on
program content to both advertisers and television viewers.
Accurate information can enhance the demand for, and increase
the output of, an industry's products or services.''.
(18) The Children's Television Act of 1990 (Public Law 101-
437) states that television broadcasters in the United States
have a clear obligation to meet the educational and
informational needs of children.
(19) Several independent analyses have demonstrated that
the television broadcasters in the United States have not
fulfilled their obligations under the Children's Television
Act of 1990 and have not noticeably expanded the amount of
educational and informational programming directed at young
viewers since the enactment of that Act.
(20) The popularity of video and personal computer (PC)
games is growing steadily among children. Although most
popular video and personal computer games are educational or
harmless in nature, many of the most popular are extremely
violent. One recent study by Strategic Record Research found
that 64 percent of teenagers played video or personal
computer games on a regular basis. Other surveys of children
as young as elementary school age found that almost half of
them list violent computer games among their favorites.
(21) Violent video games often present violence in a
glamorized light. Game players are often cast in the role of
shooter, with points scored for each ``kill''. Similarly,
advertising for such games often touts violent content as a
selling point--the more graphic and extreme, the better.
(22) As the popularity and graphic nature of such video
games grows, so do their potential to negatively influence
impressionable children.
(23) Music is another extremely pervasive and popular form
of entertainment. American children and teenagers listen to
music more than any other demographic group. The Journal of
American Medicine reported that between the 7th and 12th
grades the average teenager listens to 10,500 hours of rock
or rap music, just slightly less than the entire number of
hours spent in the classroom from kindergarten through high
school.
(24) Teens are among the heaviest purchasers of music, and
are most likely to favor music genres that depict, and often
appear to glamorize violence.
(25) Music has a powerful ability to influence perceptions,
attitudes, and emotional state. The use of music as therapy
indicates its potential to increase emotional, psychological.
and physical health. That influence can be used for ill as
well.
SEC. 403. PURPOSES; CONSTRUCTION.
(a) Purposes.--The purposes of this subtitle are to permit
the entertainment industry--
(1) to work collaboratively to respond to growing public
concern about television programming, movies, video games,
Internet content, and music lyrics, and the harmful influence
of such programming, movies, games, content, and lyrics on
children;
(2) to develop a set of voluntary programming guidelines
similar to those contained in the Television Code of the
National Association of Broadcasters; and
(3) to implement the guidelines in a manner that alleviates
the negative impact of television programming, movies, video
games, Internet content, and music lyrics on the development
of children in the United States and stimulates the
development and broadcast of educational and informational
programming for such children.
(b) Construction.--This subtitle may not be construed as--
(1) providing the Federal Government with any authority to
restrict television programming, movies, video games,
Internet content, or music lyrics that is in addition to the
authority to restrict such programming, movies, games,
content, or lyrics under law as of the date of the enactment
of this Act; or
(2) approving any action of the Federal Government to
restrict such programming, movies, games, content, or lyrics
that is in addition to any actions undertaken for that
purpose by the Federal Government under law as of such date.
SEC. 404. EXEMPTION OF VOLUNTARY AGREEMENTS ON GUIDELINES FOR
CERTAIN ENTERTAINMENT MATERIAL FROM
APPLICABILITY OF ANTITRUST LAWS.
(a) Exemption.--Subject to subsection (b), the antitrust
laws shall not apply to any joint discussion, consideration,
review, action, or agreement by or among persons in the
entertainment industry for the purpose of developing and
disseminating voluntary guidelines designed--
(1) to alleviate the negative impact of telecast material,
movies, video games, Internet content, and music lyrics
containing violence, sexual content, criminal behavior, or
other subjects that are not appropriate for children; or
(2) to promote telecast material that is educational,
informational, or otherwise beneficial to the development of
children.
(b) Limitation.--The exemption provided in subsection (a)
shall not apply to any joint discussion, consideration,
review, action, or agreement which--
(1) results in a boycott of any person; or
(2) concerns the purchase or sale of advertising, including
(without limitation) restrictions on the number of products
that may be advertised in a commercial, the number of times a
program may be interrupted for commercials, and the number of
consecutive commercials permitted within each interruption.
SEC. 405. EXEMPTION OF ACTIVITIES TO ENSURE COMPLIANCE WITH
RATINGS AND LABELING SYSTEMS FROM APPLICABILITY
OF ANTITRUST LAWS.
(a) Exemption From Antitrust Laws.--
(1) In general.--The antitrust laws shall not apply to any
joint discussion, consideration, review, action, or agreement
between or among persons in the motion picture, recording, or
video game industry for the purpose of and limited to the
development or enforcement of voluntary guidelines,
procedures, and mechanisms designed to ensure compliance by
persons and entities described in paragraph (2) with ratings
and labeling systems to identify and limit dissemination of
sexual, violent, or other indecent material to children.
(2) Persons and entities described.--A person or entity
described in this paragraph is a person or entity that is--
(A) engaged in the retail sales of motion pictures,
recordings, or video games; or
[[Page S6121]]
(B) a theater owner or operator, video game arcade owner or
operator, or other person or entity that makes available the
viewing, listening, or use of a motion picture, recording, or
video game to a member of the general public for
compensation.
(b) Report.--Not later than 12 months after the date of the
enactment of this Act, the Antitrust Division of the
Department of Justice, in conjunction with the Federal Trade
Commission, shall submit to Congress a report on--
(1) the extent to which the motion picture, recording, and
video game industry have developed or enforced guidelines,
procedures, or mechanisms to ensure compliance by persons and
entities described in subsection (b)(2) with ratings or
labeling systems which identify and limit dissemination of
sexual, violent, or other indecent material to children; and
(2) the extent to which Federal or State antitrust laws
preclude those industries from developing and enforcing the
guidelines described in subsection (b)(1).
SEC. 406. DEFINITIONS.
In this subtitle:
(1) Antitrust laws.--The term ``antitrust laws'' has the
meaning given such term in the first section of the Clayton
Act (15 U.S.C. 12) and includes section 5 of the Federal
Trade Commission Act (15 U.S.C. 45).
(2) Internet.--The term ``Internet'' means the combination
of computer facilities and electromagnetic transmission
media, and related equipment and software, comprising the
interconnected worldwide network of computer networks that
employ the Transmission Control Protocol/Internet Protocol or
any successor protocol to transmit information.
(3) Movies.--The term ``movies'' means motion pictures.
(4) Person in the entertainment industry.--The term
``person in the entertainment industry'' means a television
network, any entity which produces or distributes television
programming (including motion pictures), the National Cable
Television Association, the Association of Independent
Television Stations, Incorporated, the National Association
of Broadcasters, the Motion Picture Association of America,
each of the affiliate organizations of the television
networks, the Interactive Digital Software Association, any
entity which produces or distributes video games, the
Recording Industry Association of America, and any entity
which produces or distributes music, and includes any
individual acting on behalf of such person.
(5) Telecast.--The term ``telecast'' means any program
broadcast by a television broadcast station or transmitted by
a cable television system.
Subtitle B--Other Matters
SEC. 411. STUDY OF MARKETING PRACTICES OF MOTION PICTURE,
RECORDING, AND VIDEO/PERSONAL COMPUTER GAME
INDUSTRIES.
(a) Study.--
(1) In general.--The Federal Trade Commission and the
Attorney General shall jointly conduct a study of the
marketing practices of the motion picture, recording, and
video/personal computer game industries.
(2) Issues examined.--In conducting the study under
paragraph (1), the Commission and the Attorney General shall
examine--
(A) the extent to which the motion picture, recording, and
video/personal computer industries target the marketing of
violent, sexually explicit, or other unsuitable material to
minors, including whether such content is advertised or
promoted in media outlets in which minors comprise a
substantial percentage of the audience;
(B) the extent to which retail merchants, movie theaters,
or others who engage in the sale or rental for a fee of
products of the motion picture, recording, and video/personal
computer industries--
(i) have policies to restrict the sale, rental, or viewing
to minors of music, movies, or video/personal computer games
that are deemed inappropriate for minors under the applicable
voluntary industry rating or labeling systems; and
(ii) have procedures compliant with such policies;
(C) whether and to what extent the motion picture,
recording, and video/personal computer industries require,
monitor, or encourage the enforcement of their respective
voluntary rating or labeling systems by industry members,
retail merchants, movie theaters, or others who engage in the
sale or rental for a fee of the products of such industries;
(D) whether any of the marketing practices examined may
violate Federal law; and
(E) whether and to what extent the motion picture,
recording, and video/personal computer industries engage in
actions to educate the public on the existence, use, or
efficacy of their voluntary rating or labeling systems.
(3) Factors for determination.--In determining whether the
products of the motion picture, recording, or video/personal
computer industries are violent, sexually explicit, or
otherwise unsuitable for minors for the purposes of paragraph
(2)(A), the Commission and the Attorney General shall
consider the voluntary industry rating or labeling systems of
the industry concerned as in effect on the date of the
enactment of this Act.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Commission and the Attorney
General shall submit to Congress a report on the study
conducted under subsection (a).
(c) Authority.--For the purposes of the study conducted
under subsection (a), the Commission may use its authority
under section 6(b) of the Federal Trade Commission Act to
require the filing of reports or answers in writing to
specific questions, as well as to obtain information, oral
testimony, documentary material, or tangible things.
TITLE V--GENERAL FIREARM PROVISIONS
SEC. 501. SPECIAL LICENSEES; SPECIAL REGISTRATIONS.
(a) Definitions.--Section 921(a) of title 18, United States
Code, is amended by adding at the end the following:
``(35) Gun show.--The term `gun show' means a gun show or
event described in section 923(j).
``(36) Special license.--The term `special license' means a
license issued under section 923(m).
``(37) Special licensee.--The term `special licensee' means
a person to whom a special license has been issued.
``(38) Special registrant.--The term `special registrant'
means a person to whom a special registration has been
issued.
``(39) Special registration.--The term `special
registration' means a registration issued under section
923(m).''.
(b) Special Licenses; Special Registration.--Section 923 of
title 18, United States Code, is amended by adding at the end
the following:
``(m) Special Licenses; Special Registrations.--
``(1) Special licenses.--
``(A) Application.--A person who--
``(i) is engaged in the business of dealing in firearms
by--
``(I) buying or selling firearms solely or primarily at gun
shows; or
``(II) buying or selling firearms as part of a gunsmith or
firearm repair business or the conduct of other activity
that, absent this subsection, would require a license under
this chapter; and
``(ii) desires to have access to the National Instant Check
System;
may submit to the Secretary an application for a special
license.
``(B) Effect of paragraph.--Nothing in this paragraph--
``(i) requires a license for conduct that did not require a
license before the date of enactment of this subsection; or
``(ii) diminishes in any manner any right to display, sell,
or otherwise dispose of firearms or ammunition, make repairs,
or engage in any other conduct or activity, that was
otherwise lawful to engage in without a license before the
date of enactment of this subsection.
``(C) Contents.--An application under subparagraph (A)
shall--
``(i) contain a certification by the applicant that--
``(I) the applicant meets the requirements of subparagraphs
(A) through (D) of subsection (d)(1);
``(II)(aa) the applicant conducts the firearm business
primarily or solely at gun shows, and the applicant has
premises (or a designated portion of premises) that may be
inspected under this chapter from which the applicant
conducts business (or intends to establish such premises)
within a reasonable period of time; or
``(bb) the applicant conducts the firearm business from a
premises (or a designated portion of premises) of a gunsmith
or firearms repair business (or intends to establish such
premises within a reasonable period of time); and
``(III) the firearm business to be conducted under the
license--
``(aa) is not engaged in business for regularly buying and
selling firearms from the applicant's premises;
``(bb) will be engaged in the buying or selling of firearms
only--
``(AA) primarily or solely for a firearm business at gun
shows; or
``(BB) as part of a gunsmith or firearm repair business;
``(cc) shall be conducted in accordance with all dealer
recordkeeping required under this chapter for a dealer; and
``(dd) shall be subject to inspection under this chapter,
including the special licensee's (or a designated portion of
the premises), pursuant to the provisions in this chapter
applicable to dealers;
``(ii) include a photograph and fingerprints of the
applicant; and
``(iii) be in such form as the Secretary shall by
regulation promulgate.
``(D) Compliance with state or local law.--
``(i) In general.--An applicant under subparagraph (A)
shall not be required to certify or demonstrate that any
firearm business to be conducted from the premises or
elsewhere, to the extent permitted under this subsection, is
or will be done in accordance with State or local law
regarding the carrying on of a general business or commercial
activity, including compliance with zoning restrictions.
``(ii) Duty to comply.--The issuance of a special license
does not relieve an applicant or licensee, as a matter of
State or local law, from complying with State or local law
described in clause (i).
``(E) Approval.--
``(i) In general.--The Secretary shall approve an
application under subparagraph (A) if the application meets
the requirements of subparagraph (D).
[[Page S6122]]
``(ii) Issuance of license.--On approval of the application
and payment by the applicant of a fee prescribed for dealers
under this section, the Secretary shall issue to the
applicant a license which, subject to the provisions of this
chapter and other applicable provisions of law, entitles the
licensee to conduct business during the 3-year period that
begins on the date on which the license is issued.
``(iii) Timing.--
``(I) In general.--The Secretary shall approve or
disapprove an application under subparagraph (A) not later
than 60 days after the Secretary receives the application.
``(II) Failure to act.--If the Secretary fails to approve
or disapprove an application within the time specified by
subclause (I), the applicant may bring an action under
section 1361 of title 28 to compel the Secretary to act.
``(2) Special registrants.--
``(A) In general.--A person who is not licensed under this
chapter (other than a licensed collector) and who wishes to
perform instant background checks for the purposes of meeting
the requirements of section 922(t) at a gun show may submit
to the Secretary an application for a special registration.
``(B) Contents.--An application under subparagraph (A)
shall--
``(i) contain a certification by the applicant that--
``(I) the applicant meets the requirements of subparagraphs
(A) through (D) of subsection (d)(1); and
``(II)(aa) any gun show at which the applicant will conduct
instant checks under the special registration will be a show
that is not prohibited by State or local law; and
``(bb) instant checks will be conducted only at gun shows
that are conducted in accordance with Federal, State, and
local law;
``(ii) include a photograph and fingerprints of the
applicant; and
``(iii) be in such form as the Secretary shall by
regulation promulgate.
``(C) Approval.--
``(i) In general.--The Secretary shall approve an
application under subparagraph (A) if the application meets
the requirements of subparagraph (B).
``(ii) Issuance of registration.--On approval of the
application and payment by the applicant of a fee of $100 for
3 years, and upon renewal of valid registration a fee of $50
for 3 years, the Secretary shall issue to the applicant a
special registration, and notify the Attorney General of the
United States of the issuance of the special registration.
``(iii) Permitted activity.--Under a special registration,
a special registrant may conduct instant check screening
during the 3-year period that begins with the date on which
the registration is issued.
``(D) Timing.--
``(i) In general.--The Secretary shall approve or deny an
application under subparagraph (A) not later than 60 days
after the Secretary receives the application.
``(ii) Failure to act.--If the Secretary fails to approve
or disapprove an application under subparagraph (A) within
the time specified by clause (i), the applicant may bring an
action under section 1361 of title 28 to compel the Secretary
to act.
``(E) Use of special registrants.--
``(i) In general.--A person not licensed under this chapter
who desires to transfer a firearm at a gun show in the
person's State of residence to another person who is a
resident of the same State, may use (but shall not be
required to use) the services of a special registrant to
determine the eligibility of the prospective transferee to
possess a firearm by having the transferee provide the
special registrant at the gun show, on a special and limited-
purpose form that the Secretary shall prescribe for use by a
special registrant--
``(I) the name, age, address, and other identifying
information of the prospective transferee (or, in the case of
a prospective transferee that is a corporation or other
business entity, the identity and principal and local places
of business of the prospective transferee); and
``(II) proof of verification of the identity of the
prospective transferee as required by section 922(t)(1)(C).
``(ii) Action by the special registrant.--The special
registrant shall--
``(I) make inquiry of the national instant background check
system (or as the Attorney General shall arrange, with the
appropriate State point of contact agency for each
jurisdiction in which the special registrant intends to offer
services) concerning the prospective transferee in accordance
with the established procedures for making such inquiries;
``(II) receive the response from the system;
``(III) indicate the response on both a portion of the
inquiry form for the records of the special registrant and on
a separate form to be provided to the prospective transferee;
``(IV) provide the response to the transferor; and
``(V) follow the procedures established by the Secretary
and the Attorney General for advising a person undergoing an
instant background check on the meaning of a response, and
any appeal rights, if applicable.
``(iii) Recordkeeping.--A special registrant shall--
``(I) keep all records or documents that the special
registrant collected pursuant to clause (ii) during the gun
show; and
``(II) transmit the records to the Secretary when the
special registration is no longer valid, expires, or is
revoked.
``(iv) No other requirements.--Except for the requirements
stated in this section, a special registrant is not subject
to any of the requirements imposed on licensees by this
chapter, including those in section 922(t) and paragraphs
(1)(A) and (3)(A) of subsection (g) with respect to the
proposed transfer of a firearm.
``(3) No cause of action or standard of conduct.--
``(A) In general.--Nothing in this subsection--
``(i) creates a cause of action against any special
registrant or any other person, including the transferor, for
any civil liability; or
``(ii) establishes any standard of care.
``(B) Evidence.--Notwithstanding any other provision of
law, except to give effect to the provisions of paragraph
(3)(vi), evidence regarding the use or nonuse by a transferor
of the services of a special registrant under this paragraph
shall not be admissible as evidence in any proceeding of any
court, agency, board, or other entity for the purposes of
establishing liability based on a civil action brought on any
theory for harm caused by a product or by negligence.
``(4) Immunity.--
``(A) Definition.--In this paragraph:
``(i) In general.--The term `qualified civil liability
action' means a civil action brought by any person against a
person described in subparagraph (B) for damages resulting
from the criminal or unlawful misuse of the firearm by the
transferee or a third party.
``(ii) Exclusions.--The term `qualified civil liability
action' shall not include an action--
``(B) Immunity.--Notwithstanding any other provision of
law, a person who is--
``(i) a special registrant who performs a background check
in the manner prescribed in this subsection at a gun show;
``(ii) a licensee or special licensee who acquires a
firearm at a gun show from a nonlicensee, for transfer to
another nonlicensee in attendance at the gun show, for the
purpose of effectuating a sale, trade, or transfer between
the 2 nonlicensees, all in the manner prescribed for the
acquisition and disposition of a firearm under this chapter;
or
``(iii) a nonlicensee person disposing of a firearm who
uses the services of a person described in clause (i) or
(ii);
shall be entitled to immunity from civil liability action as
described in subparagraph (B).
``(C) Prospective actions.--A qualified civil liability
action may not be brought in any Federal or State court--
``(i) brought against a transferor convicted under section
922(h), or a comparable State felony law, by a person
directly harmed by the transferee's criminal conduct, as
defined in section 922(h); or
``(ii) brought against a transferor for negligent
entrustment or negligence per se.
``(D) Dismissal of pending actions.--A qualified civil
liability action that is pending on the date of enactment of
this subsection shall be dismissed immediately by the court.
``(5) Revocation.--A special license or special
registration shall be subject to revocation under procedures
provided for revocation of licensees in this chapter.''.
(b) Penalties.--Section 924(a) of title 18, United States
Code, is amended by adding at the end the following:
``(7) Special licensees; special registrants.--Whoever
knowingly violates section 923(m)(1) shall be fined under
this title, imprisoned not more than 5 years, or both.''.
SEC. 502. CLARIFICATION OF AUTHORITY TO CONDUCT FIREARM
TRANSACTIONS AT GUN SHOWS.
Section 923 of title 18, United States Code, is amended by
striking subsection (j) and inserting the following:
``(j) Gun Shows.--
``(1) In general.--A licensed importer, licensed
manufacturer, or licensed dealer may, under regulations
promulgated by the Secretary, conduct business at a temporary
location, other than the location specified on the license,
described in paragraph (2).
``(2) Temporary location.--
``(A) In general.--A temporary location referred to in
paragraph (1) is a location for a gun show, or for an event
in the State specified on the license, at which firearms,
firearms accessories and related items may be bought, sold,
traded, and displayed, in accordance with Federal, State, and
local laws.
``(B) Locations out of state.--If the location is not in
the State specified on the license, a licensee may display
any firearm, and take orders for a firearm or effectuate the
transfer of a firearm, in accordance with this chapter,
including paragraph (3) of this subsection.
``(C) Qualified gun shows or events.--A gun show or an
event shall qualify as a temporary location if--
``(i) the gun show or event is one which is sponsored, for
profit or not, by an individual, national, State, or local
organization, association, or other entity to foster the
collecting, competitive use, sporting use, or any other legal
use of firearms; and
``(ii) the gun show or event has 20 percent or more firearm
exhibitors out of all exhibitors.
``(D) Firearm exhibitor.--The term `firearm exhibitor'
means an exhibitor who displays 1 or more firearms (as
defined by section 921(a)(3)) and offers such firearms for
sale or trade at the gun show or event.
``(3) Records.--Records of receipt and disposition of
firearms transactions conducted at a temporary location--
``(A) shall include the location of the sale or other
disposition;
[[Page S6123]]
``(B) shall be entered in the permanent records of the
licensee; and
``(C) shall be retained at the location premises specified
on the license.
``(4) Vehicles.--Nothing in this subsection authorizes a
licensee to conduct business in or from any motorized or
towed vehicle.
``(5) No separate fee.--Notwithstanding subsection (a), a
separate fee shall not be required of a licensee with respect
to business conducted under this subsection.
``(6) Inspections and examinations.--
``(A) At a temporary location.--Any inspection or
examination of inventory or records under this chapter by the
Secretary at a temporary location shall be limited to
inventory consisting of, or records relating to, firearms
held or disposed at the temporary location.
``(B) No requirement.--Nothing in this subsection
authorizes the Secretary to inspect or examine the inventory
or records of a licensed importer, licensed manufacturer, or
licensed dealer at any location other than the location
specified on the license.
``(7) No effect on other rights.--Nothing in this
subsection diminishes in any manner any right to display,
sell, or otherwise dispose of firearms or ammunition that is
in effect before the date of enactment of this subsection,
including the right of a licensee to conduct firearms
transfers and business away from their business premises with
another licensee without regard to whether the location of
the business is in the State specified on the license of
either licensee.''.
SEC. 503. ``INSTANT CHECK'' GUN TAX AND GUN OWNER PRIVACY.
(a) Prohibition of Gun Tax.--
(1) In general.--Chapter 33 of title 28, United States
Code, is amended by adding at the end the following:
``Sec. 540B. Prohibition of background check fee
``(a) In General.--No officer, employee, or agent of the
United States, including a State or local officer or employee
acting on behalf of the United States, may charge or collect
any fee in connection with any background check required in
connection with the transfer of a firearm (as defined in
section 921(a)(3) of title 18).
``(b) Civil Remedies.--Any person aggrieved by a violation
of this section may bring an action in United States district
court for actual damages, punitive damages, and such other
remedies as the court may determine to be appropriate,
including a reasonable attorney's fee.''.
(2) Conforming amendment.--The analysis for chapter 33 of
title 28, United States Code, is amended by inserting after
the item relating to section 540A the following:
``540B. Prohibition of background check fee.''.
(b) Protection of Gun Owner Privacy and Ownership Rights.--
(1) In general.--Chapter 44 of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 931. Gun owner privacy and ownership rights
``(a) In General.--Notwithstanding any other provision of
law, no department, agency, or instrumentality of the United
States or officer, employee, or agent of the United States,
including a State or local officer or employee acting on
behalf of the United States shall--
``(1) perform any national instant criminal background
check on any person through the system established under
section 103 of the Brady Handgun Violence Prevention Act (18
U.S.C. 922 note) (referred to in this section as the
``system'') if the system does not require and result in the
immediate destruction of all information, in any form
whatsoever or through any medium, concerning the person if
the person is determined, through the use of the system, not
to be prohibited by subsection (g) or (n) of section 922 or
by State law from receiving a firearm; or
``(2) continue to operate the system (including requiring a
background check before the transfer of a firearm) unless--
``(A) the National Instant Check System index complies with
the requirements of section 552a(e)(5) of title 5, United
States Code; and
``(B) does not invoke the exceptions under subsection
(j)(2) or paragraph (2) or (3) of subsection (k) of section
552a of title 5, United States Code, except if specifically
identifiable information is compiled for a particular law
enforcement investigation or specific criminal enforcement
matter.
``(b) Applicability.--Subsection (a)(1) does not apply to
the retention or transfer of information relating to--
``(1) any unique identification number provided by the
national instant criminal background check system pursuant to
section 922(t)(1)(B)(i) of title 18, United States Code; or
``(2) the date on which that number is provided.
``(c) Civil Remedies.--Any person aggrieved by a violation
of this section may bring an action in United States district
court for actual damages, punitive damages, and such other
remedies as the court may determine to be appropriate,
including a reasonable attorney's fee.''.
(2) Conforming amendment.--The analysis for chapter 44 of
title 18, United States Code, is amended by adding at the end
the following:
``931. Gun owner privacy and ownership rights.''.
(c) Provision Relating to Pawn and Other Transactions.--
(1) Repeal.--Section 655 of title VI of the Treasury and
General Governmental Appropriations Act, 1999 (112 Stat.
2681-530) is repealed.
(2) Return of firearm.--Section 922(t)(1) of title 18,
United States Code, is amended by inserting ``(other than the
return of a firearm to the person from whom it was
received)'' before ``to any other person''.
SEC. 504. EFFECTIVE DATE.
(a) Sections 501 and 502.--The amendments made by sections
501 and 502 shall take effect on the date that is 90 days
after the date of enactment of this Act.
(b) Section 503.--The amendments made by section 503 take
effect on the date of enactment of this Act, except that the
amendment made by subsection (a) of that section takes effect
on October 1, 1999.
TITLE VI--RESTRICTING JUVENILE ACCESS TO CERTAIN FIREARMS
SEC. 601. PENALTIES FOR UNLAWFUL ACTS BY JUVENILES.
(a) Juvenile Weapons Penalties.--Section 924(a) of title
18, United States Code, is amended--
(1) in paragraph (4) by striking ``Whoever'' at the
beginning of the first sentence, and inserting in lieu
thereof, ``Except as provided in paragraph (6) of this
subsection, whoever''; and
(2) in paragraph (6), by amending it to read as follows:
``(6)(A) A juvenile who violates section 922(x) shall be
fined under this title, imprisoned not more than 1 year, or
both, except--
``(i) a juvenile shall be sentenced to probation on
appropriate conditions and shall not be incarcerated unless
the juvenile fails to comply with a condition of probation,
if--
``(I) the offense of which the juvenile is charged is
possession of a handgun, ammunition, large capacity
ammunition feeding device or a semiautomatic assault weapon
in violation of section 922(x)(2); and
``(II) the juvenile has not been convicted in any court of
an offense (including an offense under section 922(x) or a
similar State law, but not including any other offense
consisting of conduct that if engaged in by an adult would
not constitute an offense) or adjudicated as a juvenile
delinquent for conduct that if engaged in by an adult would
constitute an offense; or
``(ii) a juvenile shall be fined under this title,
imprisoned not more than 20 years, or both, if--
``(I) the offense of which the juvenile is charged is
possession of a handgun, ammunition, large capacity
ammunition feeding device or a semiautomatic assault weapon
in violation of section 922(x)(2); and
``(II) during the same course of conduct in violating
section 922(x)(2), the juvenile violated section 922(q), with
the intent to carry or otherwise possess or discharge or
otherwise use the handgun, ammunition, large capacity
ammunition feeding device or a semiautomatic assault weapon
in the commission of a violent felony.
``(B) A person other than a juvenile who knowingly violates
section 922(x)--
``(i) shall be fined under this title, imprisoned not more
than 1 year, or both; and
``(ii) if the person sold, delivered, or otherwise
transferred a handgun, ammunition, large capacity ammunition
feeding device or a semiautomatic assault weapon to a
juvenile knowing or having reasonable cause to know that the
juvenile intended to carry or otherwise possess or discharge
or otherwise use the handgun, ammunition, large capacity
ammunition feeding device or semiautomatic assault weapon in
the commission of a violent felony, shall be fined under this
title, imprisoned not more than 20 years, or both.
``(C) For purposes of this paragraph a `violent felony'
means conduct as described in section 924(e)(2)(B) of this
title.
``(D) Except as otherwise provided in this chapter, in any
case in which a juvenile is prosecuted in a district court of
the United States, and the juvenile is subject to the
penalties under clause (ii) of paragraph (A), the juvenile
shall be subject to the same laws, rules, and proceedings
regarding sentencing (including the availability of
probation, restitution, fines, forfeiture, imprisonment, and
supervised release) that would be applicable in the case of
an adult. No juvenile sentenced to a term of imprisonment
shall be released from custody simply because the juvenile
reaches the age of 18 years.''.
(b) Unlawful Weapons Transfers to Juveniles.--Section
922(x) of title 18, United States Code, is amended to read as
follows:
``(x)(1) It shall be unlawful for a person to sell,
deliver, or otherwise transfer to a person who the transferor
knows or has reasonable cause to believe is a juvenile--
``(A) a handgun;
``(B) ammunition that is suitable for use only in a
handgun;
``(C) a semiautomatic assault weapon; or
``(D) a large capacity ammunition feeding device.
``(2) It shall be unlawful for any person who is a juvenile
to knowingly possess--
``(A) a handgun;
``(B) ammunition that is suitable for use only in a
handgun;
``(C) a semiautomatic assault weapon; or
``(D) a large capacity ammunition feeding device.
``(3) This subsection does not apply to--
``(A) a temporary transfer of a handgun, ammunition, large
capacity ammunition feeding device or a semiautomatic assault
weapon to a juvenile or to the possession or
[[Page S6124]]
use of a handgun, ammunition, large capacity ammunition
feeding device or a semiautomatic assault weapon by a
juvenile--
``(i) if the handgun, ammunition, large capacity ammunition
feeding device or semiautomatic assault weapon are possessed
and used by the juvenile--
``(I) in the course of employment,
``(II) in the course of ranching or farming related to
activities at the residence of the juvenile (or on property
used for ranching or farming at which the juvenile, with the
permission of the property owner or lessee, is performing
activities related to the operation of the farm or ranch),
``(III) for target practice,
``(IV) for hunting, or
``(V) for a course of instruction in the safe and lawful
use of a firearm;
``(ii) clause (i) shall apply only if the juvenile's
possession and use of a handgun, ammunition, large capacity
ammunition feeding device or a semiautomatic assault weapon
under this subparagraph are in accordance with State and
local law, and the following conditions are met--
``(I) except when a parent or guardian of the juvenile is
in the immediate and supervisory presence of the juvenile,
the juvenile shall have in the juvenile's possession at all
times when a handgun, ammunition, large capacity ammunition
feeding device or semiautomatic assault weapon is in the
possession of the juvenile, the prior written consent of the
juvenile's parent or guardian who is not prohibited by
Federal, State, or local law from possessing a firearm or
ammunition; and
``(II) during transportation by the juvenile directly from
the place of transfer to a place at which an activity
described in clause (i) is to take place the firearm shall be
unloaded and in a locked container or case, and during the
transportation by the juvenile of that firearm, directly from
the place at which such an activity took place to the
transferor, the firearm shall also be unloaded and in a
locked container or case; or
``(III) with respect to employment, ranching or farming
activities as described in clause (i), a juvenile may possess
and use a handgun, ammunition, large capacity ammunition
feeding device or a semiautomatic assault rifle with the
prior written approval of the juvenile's parent or legal
guardian, if such approval is on file with the adult who is
not prohibited by Federal, State, or local law from
possessing a firearm or ammunition and that person is
directing the ranching or farming activities of the juvenile;
``(B) a juvenile who is a member of the Armed Forces of the
United States or the National Guard who possesses or is armed
with a handgun, ammunition, large capacity ammunition feeding
device or semiautomatic assault weapon in the line of duty;
``(C) a transfer by inheritance of title (but not
possession) of a handgun, ammunition, large capacity
ammunition feeding device or a semiautomatic assault weapon
to a juvenile; or
``(D) the possession of a handgun, ammunition, large
capacity ammunition feeding device or a semiautomatic assault
weapon taken in lawful defense of the juvenile or other
persons in the residence of the juvenile or a residence in
which the juvenile is an invited guest.
``(4) A handgun, ammunition, large capacity ammunition
feeding device or a semiautomatic assault weapon, the
possession of which is transferred to a juvenile in
circumstances in which the transferor is not in violation of
this subsection, shall not be subject to permanent
confiscation by the Government if its possession by the
juvenile subsequently becomes unlawful because of the conduct
of the juvenile, but shall be returned to the lawful owner
when such handgun, ammunition, large capacity ammunition
feeding device or semiautomatic assault weapon is no longer
required by the Government for the purposes of investigation
or prosecution.
``(5) For purposes of this subsection, the term `juvenile'
means a person who is less than 18 years of age.
``(6)(A) In a prosecution of a violation of this
subsection, the court shall require the presence of a
juvenile defendant's parent or legal guardian at all
proceedings.
``(B) The court may use the contempt power to enforce
subparagraph (A).
``(C) The court may excuse attendance of a parent or legal
guardian of a juvenile defendant at a proceeding in a
prosecution of a violation of this subsection for good cause
shown.
``(7) For purposes of this subsection only, the term `large
capacity ammunition feeding device' has the same meaning as
in section 921(a)(31) of title 18 and includes similar
devices manufactured before the effective date of the Violent
Crime Control and Law Enforcement Act of 1994.''.
SEC. 602. EFFECTIVE DATE.
This title and the amendments made by this title shall take
effect 180 days after the date of enactment of this Act.
TITLE VII--ASSAULT WEAPONS
SEC. 701. SHORT TITLE.
This Act may be cited as the ``Juvenile Assault Weapon
Loophole Closure Act of 1999''.
SEC. 702. BAN ON IMPORTING LARGE CAPACITY AMMUNITION FEEDING
DEVICES.
Section 922(w) of title 18, United States Code, is
amended--
(1) in paragraph (1), by striking ``(1) Except as provided
in paragraph (2)'' and inserting ``(1)(A) Except as provided
in subparagraph (B)'';
(2) in paragraph (2), by striking ``(2) Paragraph (1)'' and
inserting ``(B) Subparagraph (A)'';
(3) by inserting before paragraph (3) the following new
paragraph (2):
``(2) It shall be unlawful for any person to import a large
capacity ammunition feeding device.''; and
(4) in paragraph (4)--
(A) by striking ``(1)'' each place it appears and inserting
``(1)(A)''; and
(B) by striking ``(2)'' and inserting ``(1)(B)''.
SEC. 703. DEFINITION OF LARGE CAPACITY AMMUNITION FEEDING
DEVICE.
Section 921(a)(31) of title 18, United States Code, is
amended by striking ``manufactured after the date of
enactment of the Violent Crime Control and Law Enforcement
Act of 1994''.
SEC. 704. EFFECTIVE DATE.
This title and the amendments made by this title except
sections 702 and 703 shall take effect 180 days after the
date of enactment of this Act.
TITLE VIII--EFFECTIVE GUN LAW ENFORCEMENT
Subtitle A--Criminal Use of Firearms by Felons
SEC. 801. SHORT TITLE.
This subtitle may be referred to as the ``Criminal Use of
Firearms by Felons (CUFF) Act''.
SEC. 802. FINDINGS.
Congress finds the following:
(1) Tragedies such as those occurring recently in the
communities of Pearl, Mississippi, Paducah, Kentucky,
Jonesboro, Arkansas, Springfield, Oregon, and Littleton,
Colorado are terrible reminders of the vulnerability of
innocent individuals to random and senseless acts of criminal
violence.
(2) The United States Congress has responded to the problem
of gun violence by passing numerous criminal statutes and by
supporting the development of law enforcement programs
designed both to punish the criminal misuse of weapons and
also to deter individuals from undertaking illegal acts.
(3) In 1988, the Administration initiated an innovative
program known as Project Achilles. The concept behind the
initiative was that the illegal possession of firearms was
the Achilles heel or the area of greatest vulnerability of
criminals. By aggressively prosecuting criminals with guns in
Federal court, the offenders were subject to stiffer
penalties and expedited prosecutions. The Achilles program
was particularly effective in removing the most violent
criminals from our communities.
(4) In 1991, the Administration expanded its efforts to
remove criminals with guns from our streets with Project
Triggerlock. Triggerlock continued the ideas formulated in
the Achilles program and committed the Department of Justice
resources to the prosecution effort. Under the program, every
United States Attorney was directed to form special teams of
Federal, State, and local investigators to look for gang and
drug cases that could be prosecuted as Federal weapon
violations. Congress appropriated additional funds to allow a
large number of new law enforcement officers and Federal
prosecutors to target these gun and drug offenders. In 1992,
approximately 7048 defendants were prosecuted under this
initiative.
(5) Since 1993, the number of ``Project Triggerlock'' type
gun prosecutions pursued by the Department of Justice has
fallen to approximately 3807 prosecutions in 1998. This is a
decline of over 40 percent in Federal prosecutions of
criminals with guns.
(6) The threat of criminal prosecution in the Federal
criminal justice system works to deter criminal behavior
because the Federal system is known for speedier trials and
longer prison sentences.
(7) The deterrent effect of Federal gun prosecutions has
been demonstrated recently by successful programs, such as
``Project Exile'' in Richmond, Virginia, which resulted in a
22 percent decrease in violent crime since 1994.
(8) The Department of Justice's failure to prosecute the
criminal use of guns under existing Federal law undermines
the significant deterrent effect that these laws are meant to
produce.
(9) The Department of Justice already possesses a vast
array of Federal criminal statutes that, if used aggressively
to prosecute wrongdoers, would significantly reduce both the
threat of, and the incidence of, criminal gun violence.
(10) As an example, the Department of Justice has the
statutory authority in section 922(q) of title 18, United
States Code, to prosecute individuals who bring guns to
school zones. Although the Administration stated that over
6,000 students were expelled last year for bringing guns to
school, the Justice Department reports prosecuting only 8
cases under section 922(q) in 1998.
(11) The Department of Justice is also empowered under
section 922(x) of title 18, United States Code, to prosecute
adults who transfer handguns to juveniles. In 1998, the
Department of Justice reports having prosecuted only 6
individuals under this provision.
(12) The Department of Justice's utilization of existing
prosecutorial power is 1 of the most significant steps that
can be taken to reduce the number of criminal acts involving
guns, and represents a better response to the problem of
criminal violence than the enactment of new, symbolic laws,
which, if current Departmental trends hold, would likely be
underutilized.
[[Page S6125]]
SEC. 803. CRIMINAL USE OF FIREARMS BY FELONS PROGRAM.
(a) In General.--Not later than 90 days after the date of
enactment of this Act, the Attorney General and the Secretary
of the Treasury shall establish in the jurisdictions
specified in subsection (d) a program that meets the
requirements of subsections (b) and (c). The program shall be
known as the ``Criminal Use of Firearms by Felons (CUFF)
Program''.
(b) Program Elements.--Each program established under
subsection (a) shall, for the jurisdiction concerned--
(1) provide for coordination with State and local law
enforcement officials in the identification of violations of
Federal firearms laws;
(2) provide for the establishment of agreements with State
and local law enforcement officials for the referral to the
Bureau of Alcohol, Tobacco, and Firearms and the United
States Attorney for prosecution of persons arrested for
violations of section 922(a)(6), 922(g)(1), 922(g)(2),
922(g)(3), 922(j), 922(q), 922(k), or 924(c) of title 18,
United States Code, or section 5861(d) or 5861(h) of the
Internal Revenue Code of 1986, relating to firearms;
(3) require that the United States Attorney designate not
less than 1 Assistant United States Attorney to prosecute
violations of Federal firearms laws;
(4) provide for the hiring of agents for the Bureau of
Alcohol, Tobacco, and Firearms to investigate violations of
the provisions referred to in paragraph (2) and section
922(a)(5) of title 18, United States Code, relating to
firearms; and
(5) ensure that each person referred to the United States
Attorney under paragraph (2) be charged with a violation of
the most serious Federal firearm offense consistent with the
act committed.
(c) Public Education Campaign.--As part of the program for
a jurisdiction, the United States Attorney shall carry out,
in cooperation with local civic, community, law enforcement,
and religious organizations, an extensive media and public
outreach campaign focused in high-crime areas to--
(1) educate the public about the severity of penalties for
violations of Federal firearms laws; and
(2) encourage law-abiding citizens to report the possession
of illegal firearms to authorities.
(d) Covered Jurisdictions.--The jurisdictions specified in
this subsection are the following 25 jurisdictions:
(1) The 10 jurisdictions with a population equal to or
greater than 100,000 persons that had the highest total
number of violent crimes according to the FBI uniform crime
report for 1998.
(2) The 15 jurisdictions with such a population, other than
the jurisdictions covered by paragraph (1), with the highest
per capita rate of violent crime according to the FBI uniform
crime report for 1998.
SEC. 804. ANNUAL REPORTS.
Not later than 1 year after the date of enactment of this
Act, and annually thereafter, the Attorney General shall
submit to the Committees on the Judiciary of Senate and House
of Representatives a report containing the following
information:
(1) The number of Assistant United States Attorneys hired
under the program under this subtitle during the year
preceding the year in which the report is submitted in order
to prosecute violations of Federal firearms laws in Federal
court.
(2) The number of individuals indicted for such violations
during that year by reason of the program.
(3) The increase or decrease in the number of individuals
indicted for such violations during that year by reason of
the program when compared with the year preceding that year.
(4) The number of individuals held without bond in
anticipation of prosecution by reason of the program.
(5) To the extent information is available, the average
length of prison sentence of the individuals convicted of
violations of Federal firearms laws by reason of the program.
SEC. 805. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations.--There are authorized
to be appropriated to carry out the program under section 803
$50,000,000 for fiscal year 2000, of which--
(1) $40,000,000 shall be used for salaries and expenses of
Assistant United States Attorneys and Bureau of Alcohol,
Tobacco, and Firearms agents; and
(2) $10,000,000 shall be available for the public relations
campaign required by subsection (c) of that section.
(b) Use of Funds.--
(1) The Assistant United States Attorneys hired using
amounts appropriated pursuant to the authorization of
appropriations in subsection (a) shall prosecute violations
of Federal firearms laws in accordance with section
803(b)(3).
(2) The Bureau of Alcohol, Tobacco, and Firearms agents
hired using amounts appropriated pursuant to the
authorization of appropriations in subsection (a) shall, to
the maximum extent practicable, concentrate their
investigations on violations of Federal firearms laws in
accordance with section 803(b)(4).
(3) It is the sense of Congress that amounts made available
under this section for the public education campaign required
by section 803(c) should, to the maximum extent practicable,
be matched with State or local funds or private donations.
(c) Authorization of Additional Appropriations.--In
addition to amounts made available under subsection (a),
there is authorized to be appropriated to the Administrative
Office of the United States Courts such sums as may be
necessary to carry out this subtitle.
Subtitle B--Apprehension and Treatment of Armed Violent Criminals
SEC. 811. APPREHENSION AND PROCEDURAL TREATMENT OF ARMED
VIOLENT CRIMINALS.
(a) Pretrial Detention For Possession of Firearms or
Explosives By Convicted Felons.--Section 3156(a)(4) of title
18, United States Code, is amended--
(1) by striking ``or'' at the end of subparagraph (B);
(2) by striking ``and'' at the end of subparagraph (C) and
inserting ``or''; and
(3) by adding at the end the following:
``(D) an offense that is a violation of section 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 to a person who has
more than 1 previous conviction for a violent felony or a
serious drug offense, committed under different
circumstances.''.
Subtitle C--Youth Crime Gun Interdiction
SEC. 821. YOUTH CRIME GUN INTERDICTION INITIATIVE.
(a) In General.--
(1) Expansion of number of cities.--The Secretary of the
Treasury shall endeavor to expand the number of cities and
counties directly participating in the Youth Crime Gun
Interdiction Initiative (in this section referred to as the
``YCGII'') to 75 cities or counties by October 1, 2000, to
150 cities or counties by October 1, 2002, and to 250 cities
or counties by October 1, 2003.
(2) Selection.--Cities and counties selected for
participation in the YCGII shall be selected by the Secretary
of the Treasury and in consultation with Federal, State and
local law enforcement officials.
(b) Identification of Individuals.--
(1) In general.--The Secretary of the Treasury shall,
utilizing the information provided by the YCGII, facilitate
the identification and prosecution of individuals illegally
trafficking firearms to prohibited individuals.
(2) Sharing of information.--The Secretary of the Treasury
shall share information derived from the YCGII with State and
local law enforcement agencies through on-line computer
access, as soon as such capability is available.
(c) Grant Awards.--
(1) In general.--The Secretary of the Treasury shall award
grants (in the form of funds or equipment) to States, cities,
and counties for purposes of assisting such entities in the
tracing of firearms and participation in the YCGII.
(2) Use of grant funds.--Grants made under this part shall
be used to--
(A) hire or assign additional personnel for the gathering,
submission and analysis of tracing data submitted to the
Bureau of Alcohol, Tobacco and Firearms under the YCGII;
(B) hire additional law enforcement personnel for the
purpose of identifying and arresting individuals illegally
trafficking firearms; and
(C) purchase additional equipment, including automatic data
processing equipment and computer software and hardware, for
the timely submission and analysis of tracing data.
Subtitle D--Gun Prosecution Data
SEC. 831. COLLECTION OF GUN PROSECUTION DATA.
(a) Report to Congress.--On February 1, 2000, and on
February 1 of each year thereafter, the Attorney General
shall submit to the Committees on the Judiciary and on
Appropriations of the Senate and the House of Representatives
a report of information gathered under this section during
the fiscal year that ended on September 30 of the preceding
year.
(b) Subject of Annual Report.--Not later than 90 days after
the date of enactment of this Act, the Attorney General shall
require each component of the Department of Justice,
including each United States Attorney's Office, to furnish
for the purposes of the report described in subsection (a),
information relating to any case presented to the Department
of Justice for review or prosecution, in which the objective
facts of the case provide probable cause to believe that
there has been a violation of section 922 of title 18, United
States Code.
(c) Elements of Annual Report.--With respect to each case
described in subsection (b), the report submitted under
subsection (a) shall include information indicating--
(1) whether in any such case, a decision has been made not
to charge an individual with a violation of section 922 of
title 18, United States Code, or any other violation of
Federal criminal law;
(2) in any case described in paragraph (1), the reason for
such failure to seek or obtain a charge under section 922 of
title 18, United States Code;
(3) whether in any case described in subsection (b), an
indictment, information, or
[[Page S6126]]
other charge has been brought against any person, or the
matter is pending;
(4) whether, in the case of an indictment, information, or
other charge described in paragraph (3), the charging
document contains a count or counts alleging a violation of
section 922 of title 18, United States Code;
(5) in any case described in paragraph (4) in which the
charging document contains a count or counts alleging a
violation of section 922 of title 18, United States Code,
whether a plea agreement of any kind has been entered into
with such charged individual;
(6) whether any plea agreement described in paragraph (5)
required that the individual plead guilty, to enter a plea of
nolo contendere, or otherwise caused a court to enter a
conviction against that individual for a violation of section
922 of title 18, United States Code;
(7) in any case described in paragraph (6) in which the
plea agreement did not require that the individual plead
guilty, enter a plea of nolo contendere, or otherwise cause a
court to enter a conviction against that individual for a
violation of section 922 of title 18, United States Code,
identification of the charges to which that individual did
plead guilty, and the reason for the failure to seek or
obtain a conviction under that section;
(8) in the case of an indictment, information, or other
charge described in paragraph (3), in which the charging
document contains a count or counts alleging a violation of
section 922 of title 18, United States Code, the result of
any trial of such charges (guilty, not guilty, mistrial); and
(9) in the case of an indictment, information, or other
charge described in paragraph (3), in which the charging
document did not contain a count or counts alleging a
violation of section 922 of title 18, United States Code, the
nature of the other charges brought and the result of any
trial of such other charges as have been brought (guilty, not
guilty, mistrial).
Subtitle E--Firearms Possession by Violent Juvenile Offenders
SEC. 841. PROHIBITION ON FIREARMS POSSESSION BY VIOLENT
JUVENILE OFFENDERS.
(a) Definition.--Section 921(a)(20) of title 18, United
States Code, is amended--
(1) by inserting ``(A)'' after ``(20)'';
(2) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively;
(3) by inserting after subparagraph (A) the following:
``(B) For purposes of subsections (d) and (g) of section
922, the term `act of violent juvenile delinquency' means an
adjudication of delinquency in Federal or State court, based
on 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 or violent felony, as defined in
section 3559(c)(2)(F)(i) had Federal jurisdiction existed and
been exercised (except that section 3559(c)(3)(A) shall not
apply to this subparagraph).''; and
(4) in the undesignated paragraph following subparagraph
(B) (as added by paragraph (3) of this subsection), by
striking ``What constitutes'' and all that follows through
``this chapter,'' and inserting the following:
``(C) What constitutes a conviction of such a crime or an
adjudication of an act of violent juvenile delinquency shall
be determined in accordance with the law of the jurisdiction
in which the proceedings were held. Any State conviction or
adjudication of an act of violent juvenile delinquency that
has been expunged or set aside, or for which a person has
been pardoned or has had civil rights restored, by the
jurisdiction in which the conviction or adjudication of an
act of violent juvenile delinquency occurred shall not be
considered to be a conviction or adjudication of an act of
violent juvenile delinquency for purposes of this chapter,''.
(b) Prohibition.--Section 922 of title 18, United States
Code, is amended--
(1) in subsection (d)--
(A) in paragraph (8), by striking ``or'' at the end;
(B) in paragraph (9), by striking the period at the end and
inserting ``; or''; and
(C) by inserting after paragraph (9) the following:
``(10) has committed an act of violent juvenile
delinquency.''; and
(2) in subsection (g)--
(A) in paragraph (8), by striking ``or'' at the end;
(B) in paragraph (9), by striking the comma at the end and
inserting ``; or''; and
(C) by inserting after paragraph (9) the following:
``(10) who has committed an act of violent juvenile
delinquency,''.
(c) Effective Date of Adjudication Provisions.--The
amendments made by this section shall only apply to an
adjudication of an act of violent juvenile delinquency that
occurs after the date that is 30 days after the date on which
the Attorney General certifies to Congress and separately
notifies Federal firearms licensees, through publication in
the Federal Register by the Secretary of the Treasury, that
the records of such adjudications are routinely available in
the national instant criminal background check system
established under section 103(b) of the Brady Handgun
Violence Prevention Act.
Subtitle F--Juvenile Access to Certain Firearms
SEC. 851. PENALTIES FOR FIREARM VIOLATIONS INVOLVING
JUVENILES.
(a) Penalties for Firearm Violations by Juveniles.--Section
924(a) of title 18, United States Code, is amended--
(1) in paragraph (4), by striking ``Whoever'' and inserting
``Except as provided in paragraph (6), whoever''; and
(2) by striking paragraph (6) and inserting the following:
``(6) Transfer to or possession by a juvenile.--
``(A) Definitions of violent felony.--In this paragraph--
``(i) the term `juvenile' has the meaning given the term in
section 922(x); and
``(ii) the term `violent felony' has the meaning given the
term in subsection (e)(2)(B).
``(B) Possession by a juvenile.--
``(i) In general.--Subject to clauses (ii) and (iii), a
juvenile who violates section 922(x) shall be fined under
this title, imprisoned not more than 5 years, or both.
``(ii) Probation.--Unless clause (iii) applies and unless a
juvenile fails to comply with a condition of probation, the
juvenile may be sentenced to probation on appropriate
conditions if--
``(I) the offense with which the juvenile is charged is
possession of a handgun, ammunition, or semiautomatic assault
weapon in violation of section 922(x)(2); and
``(II) the juvenile has not been convicted in any court of
an offense (including an offense under section 922(x) or a
similar State law, but not including any other offense
consisting of conduct that if engaged in by an adult would
not constitute an offense) or adjudicated as a juvenile
delinquent for conduct that if engaged in by an adult would
constitute an offense.
``(iii) School zones.--A juvenile shall be fined under this
title, imprisoned not more than 20 years, or both, if--
``(I) the offense of which the juvenile is charged is
possession of a handgun, ammunition, or semiautomatic assault
weapon in violation of section 922(x)(2); and
``(II) during the same course of conduct in violating
section 922(x)(2), the juvenile violated section 922(q), with
the intent to carry or otherwise possess or discharge or
otherwise use the handgun, ammunition, or semiautomatic
assault weapon in the commission of a violent felony.
``(C) Transfer to a juvenile.--A person other than a
juvenile who knowingly violates section 922(x)--
``(i) shall be fined under this title, imprisoned not less
than 1 year and not more than 5 years, or both; or
``(ii) if the person sold, delivered, or otherwise
transferred a handgun, ammunition, or semiautomatic assault
weapon to a juvenile knowing or having reasonable cause to
know that the juvenile intended to carry or otherwise possess
or discharge or otherwise use the handgun, ammunition, or
semiautomatic assault weapon in the commission of a violent
felony, shall be fined under this title and imprisoned not
less than 10 and not more than 20 years.
``(D) Cases in united states district court.--Except as
otherwise provided in this chapter, in any case in which a
juvenile is prosecuted in a district court of the United
States, and the juvenile is subject to the penalties under
subparagraph (B)(iii), the juvenile shall be subject to the
same laws, rules, and proceedings regarding sentencing
(including the availability of probation, restitution, fines,
forfeiture, imprisonment, and supervised release) that would
be applicable in the case of an adult.
``(E) No release at age 18.--No juvenile sentenced to a
term of imprisonment shall be released from custody solely
for the reason that the juvenile has reached the age of 18
years.''.
(b) Unlawful Weapons Transfers to Juveniles.--Section 922
of title 18, United States Code, is amended by striking
subsection (x) and inserting the following:
``(x) Juveniles.--
``(1) Definition of juvenile.--In this subsection, the term
`juvenile' means a person who is less than 18 years of age.
``(2) Transfer to juveniles.--It shall be unlawful for a
person to sell, deliver, or otherwise transfer to a person
who the transferor knows or has reasonable cause to believe
is a juvenile--
``(A) a handgun;
``(B) ammunition that is suitable for use only in a
handgun; or
``(C) a semiautomatic assault weapon.
``(3) Possession by a juvenile.--It shall be unlawful for
any person who is a juvenile to knowingly possess--
``(A) a handgun;
``(B) ammunition that is suitable for use only in a
handgun; or
``(C) a semiautomatic assault weapon.
``(4) Applicability.--
``(A) In general.--This subsection does not apply to--
``(i) if the conditions stated in subparagraph (B) are met,
a temporary transfer of a handgun, ammunition, or
semiautomatic assault weapon to a juvenile or to the
possession or use of a handgun, ammunition, or semiautomatic
assault weapon by a juvenile if the handgun, ammunition, or
semiautomatic assault weapon is possessed and used by the
juvenile--
``(I) in the course of employment;
``(II) in the course of ranching or farming related to
activities at the residence of the juvenile (or on property
used for ranching or farming at which the juvenile, with the
permission of the property owner or lessee, is performing
activities related to the operation of the farm or ranch);
``(III) for target practice;
[[Page S6127]]
``(IV) for hunting; or
``(V) for a course of instruction in the safe and lawful
use of a handgun;
``(ii) a juvenile who is a member of the Armed Forces of
the United States or the National Guard who possesses or is
armed with a handgun, ammunition, or semiautomatic assault
weapon in the line of duty;
``(iii) a transfer by inheritance of title (but not
possession) of handgun, ammunition, or semiautomatic assault
weapon to a juvenile; or
``(iv) the possession of a handgun, ammunition, or
semiautomatic assault weapon taken in lawful defense of the
juvenile or other persons against an intruder into the
residence of the juvenile or a residence in which the
juvenile is an invited guest.
``(B) Temporary transfers.--Clause (i) shall apply if--
``(i) the juvenile's possession and use of a handgun,
ammunition, or semiautomatic assault weapon under this
paragraph are in accordance with State and local law; and
``(ii)(I)(aa) except when a parent or guardian of the
juvenile is in the immediate and supervisory presence of the
juvenile, the juvenile, at all times when a handgun,
ammunition, or semiautomatic assault weapon is in the
possession of the juvenile, has in the juvenile's possession
the prior written consent of the juvenile's parent or
guardian who is not prohibited by Federal, State, or local
law from possessing a firearm or ammunition; and
``(bb) during transportation by the juvenile directly from
the place of transfer to a place at which an activity
described in item (aa) is to take place, the firearm is
unloaded and in a locked container or case, and during the
transportation by the juvenile of the firearm, directly from
the place at which such an activity took place to the
transferor, the firearm is unloaded and in a locked container
or case; or
``(II) with respect to ranching or farming activities as
described in subparagraph (A)(i)(II)--
``(aa) a juvenile possesses and uses a handgun, ammunition,
or semiautomatic assault weapon with the prior written
approval of the juvenile's parent or legal guardian;
``(bb) the approval is on file with an adult who is not
prohibited by Federal, State, or local law from possessing a
firearm or ammunition; and
``(cc) the adult is directing the ranching or farming
activities of the juvenile.
``(5) Innocent transferors.--A handgun, ammunition, or
semiautomatic assault weapon, the possession of which is
transferred to a juvenile in circumstances in which the
transferor is not in violation under this subsection, shall
not be subject to permanent confiscation by the Government if
its possession by the juvenile subsequently becomes unlawful
because of the conduct of the juvenile, but shall be returned
to the lawful owner when the handgun, ammunition, or
semiautomatic assault weapon is no longer required by the
Government for the purposes of investigation or prosecution.
``(6) Attendance by parent or legal guardian as criminal
proceedings.--In a prosecution of a violation of this
subsection, the court--
``(A) shall require the presence of a juvenile defendant's
parent or legal guardian at all proceedings;
``(B) may use the contempt power to enforce subparagraph
(A); and
``(C) may excuse attendance of a parent or legal guardian
of a juvenile defendant for good cause.''.
(c) Effective Date.--The amendments made by this section
shall take effect 180 days after the date of enactment of
this Act.
Subtitle G--General Firearm Provisions
SEC. 861. NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM
IMPROVEMENTS.
(a) Expedited Action by the Attorney General.--
(1) In general.--The Attorney General shall expedite--
(A) not later than 90 days after the date of enactment of
this section, a study of the feasibility of developing--
``(i) a single fingerprint convicted offender database in
the Federal criminal records system maintained by the Federal
Bureau of Investigation; and
(ii) procedures under which a licensed firearm dealer may
voluntarily transmit to the National Instant Check System a
single digitalized fingerprint for prospective firearms
transferees;
(B) the provision of assistance to States, under the Crime
Identification Technology Act of 1998 (112 Stat. 1871), in
gaining access to records in the National Instant Check
System disclosing the disposition of State criminal cases;
and
(C) development of a procedure for the collection of data
identifying persons that are prohibited from possessing a
firearm by section 922(g) of title 18, United States Code,
including persons adjudicated as a mental defective, persons
committed to a mental institution, and persons subject to a
domestic violence restraining order.
(2) Considerations.--In developing procedures under
paragraph (1), the Attorney General shall consider the
privacy needs of individuals.
(b) Compatibility of Ballistics Information Systems.--The
Attorney General and the Secretary of the Treasury shall
ensure the integration and interoperability of ballistics
identification systems maintained by the Federal Bureau of
Investigation and the Bureau of Alcohol, Tobacco, and
Firearms through the National Integrated Ballistics
Information Network.
(c) Forensic Laboratory Inspection.--The Attorney General
shall provide financial assistance to the American Academy of
Forensic Science Laboratory Accreditation Board to be used to
facilitate forensic laboratory inspection activities.
(d) Relief From Disability Database.--Section 925(c) of
title 18, United States Code, is amended--
(1) by striking ``(c) A person'' and inserting the
following:
``(c) Relief From Disabilities.--
``(1) In general.--A person''; and
(2) by adding at the end the following:
``(2) Database.--The Secretary shall establish a database,
accessible through the National Instant Check System,
identifying persons who have been granted relief from
disability under paragraph (1).''.
(e) Authorization of Appropriations.--There are authorized
to be appropriated for fiscal year 2000--
(1) to pay the costs of the Federal Bureau of Investigation
in operating the National Instant Check System, $68,000,000;
(2) for payments to States that act as points of contact
for access to the National Instant Check System, $40,000,000;
(3) to carry out subsection (a)(1), $40,000,000;
(4) to carry out subsection (a)(3), $25,000,000;
(5) to carry out subsection (b), $1,150,000; and
(6) to carry out subsection (c), $1,000,000.
(f) Increased Authorization.--Section 102(e)(1) of the
Crime Identification Technology Act of 1998 (42 U.S.C.
14601(e)(1)) is amended by striking ``this section'' and all
that follows and inserting ``this section--
``(A) $250,000,000 for fiscal year 1999;
``(B) $350,000,000 for each of fiscal years 2000 through
2003.''.
TITLE IX--ENHANCED PENALTIES
SEC. 901. STRAW PURCHASES.
(a) In General.--Section 924(a) of title 18, United States
Code, is amended by adding at the end the following:
``(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 otherwise use the
firearm in the commission of a violent felony, shall be--
``(i) fined under this title, imprisoned not more than 15
years, or both; or
``(ii) imprisoned not less than 10 and not more than 20
years and fined under this title, if the procurement is for a
juvenile.
``(B) In this paragraph--
``(i) the term `juvenile' has the meaning given the term in
section 922(x); and
``(ii) the term `violent felony' has the meaning given the
term in subsection (e)(2)(B).''.
(b) Effective Date.--The amendment made by this section
shall take effect 180 days after the date of enactment of
this Act.
SEC. 902. STOLEN FIREARMS.
(a) In General.--Section 924 of title 18, United States
Code, is amended--
(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 by striking ``10
years, or both'' and inserting ``15 years, or both''; and
(3) in subsection (l), by striking ``10 years, or both''
and inserting ``15 years, or both''.
(b) Sentencing Commission.--The United States Sentencing
Commission shall amend the Federal sentencing guidelines to
reflect the amendments made by subsection (a).
SEC. 903. INCREASE IN PENALTIES FOR CRIMES INVOLVING
FIREARMS.
Section 924 of title 18, United States Code, is amended--
(1) in subsection (c)(1)(A)--
(A) in clause (iii), by striking ``10 years.'' and
inserting ``12 years; and''; and
(B) 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. 904. INCREASED PENALTIES FOR DISTRIBUTING DRUGS TO
MINORS.
Section 418 of the Controlled Substances Act (21 U.S.C.
859) is amended--
(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. 905. INCREASED PENALTY 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''.
TITLE X--CHILD HANDGUN SAFETY
SEC. 1001. SHORT TITLE.
This title may be cited as the ``Safe Handgun Storage and
Child Handgun Safety Act of 1999''.
[[Page S6128]]
SEC. 1002. PURPOSES.
The purposes of this title are as follows:
(1) To promote the safe storage and use of handguns by
consumers.
(2) To prevent unauthorized persons from gaining access to
or use of a handgun, including children who may not be in
possession of a handgun, unless it is under one of the
circumstances provided for in the Youth Handgun Safety Act.
(3) To avoid hindering industry from supplying law abiding
citizens firearms for all lawful purposes, including hunting,
self-defense, collecting and competitive or recreational
shooting.
SEC. 1003. FIREARMS SAFETY.
(a) Unlawful Acts.--
(1) Mandatory transfer of secure gun storage or safety
device.--Section 922 of title 18, United States Code, is
amended by inserting after subsection (y) the following:
``(z) Secure Gun Storage or Safety Device.--
``(1) In general.--Except as provided in paragraph (2), it
shall be unlawful for any licensed manufacturer, licensed
importer, or licensed dealer to sell, deliver, or transfer
any handgun to any person other than any person licensed
under the provisions of this chapter, unless the transferee
is provided with a secure gun storage or safety device, as
described in section 921(a)(35) of this chapter, for that
handgun.
``(2) Exceptions.--Paragraph (1) does not apply to the--
``(A)(i) manufacture for, transfer to, or possession by,
the United States or a State or a department or agency of the
United States, or a State or a department, agency, or
political subdivision of a State, of a handgun; or
``(ii) transfer to, or possession by, a law enforcement
officer employed by an entity referred to in clause (i) of a
handgun for law enforcement purposes (whether on or off
duty); or
``(B) transfer to, or possession by, a rail police officer
employed by a rail carrier and certified or commissioned as a
police officer under the laws of a State of a handgun for
purposes of law enforcement (whether on or off duty);
``(C) transfer to any person of a handgun listed as a curio
or relic by the Secretary pursuant to section 921(a)(13); or
``(D) transfer to any person of a handgun for which a
secure gun storage or safety device is temporarily
unavailable for the reasons described in the exceptions
stated in section 923(e): Provided, That the licensed
manufacturer, licensed importer, or licensed dealer delivers
to the transferee within 10 calendar days from the date of
the delivery of the handgun to the transferee a secure gun
storage or safety device for the handgun.
``(3) Liability for use.--(A) Notwithstanding any other
provision of law, a person who has lawful possession and
control of a handgun, and who uses a secure gun storage or
safety device with the handgun, shall be entitled to immunity
from a civil liability action as described in this paragraph.
``(B) Prospective actions.--A qualified civil liability
action may not be brought in any Federal or State court. The
term `qualified civil liability action' means a civil action
brought by any person against a person described in
subparagraph (A) for damages resulting from the criminal or
unlawful misuse of the handgun by a third party, where--
``(i) the handgun was accessed by another person who did
not have the permission or authorization of the person having
lawful possession and control of the handgun to have access
to it; and
``(ii) at the time access was gained by the person not so
authorized, the handgun had been made inoperable by use of a
secure gun storage or safety device.
A `qualified civil liability action' shall not include an
action brought against the person having lawful possession
and control of the handgun for negligent entrustment or
negligence per se.''.
(b) Civil Penalties.--Section 924 of title 18, United
States Code, is amended--
(1) in subsection (a)(1), by striking ``or (f)'' and
inserting ``(f), or (p)''; and
(2) by adding at the end the following:
``(p) Penalties Relating To Secure Gun Storage or Safety
Device.--
``(1) In general.--
``(A) Suspension or revocation of license; civil
penalties.--With respect to each violation of section
922(z)(1) by a licensed manufacturer, licensed importer, or
licensed dealer, the Secretary may, after notice and
opportunity for hearing--
``(i) suspend for up to six months, or revoke, the license
issued to the licensee under this chapter that was used to
conduct the firearms transfer; or
``(ii) subject the licensee to a civil penalty in an amount
equal to not more than $2,500.
``(B) Review.--An action of the Secretary under this
paragraph may be reviewed only as provided in section 923(f).
``(2) Administrative remedies.--The suspension or
revocation of a license or the imposition of a civil penalty
under paragraph (1) does not preclude any administrative
remedy that is otherwise available to the Secretary.''.
(c) Liability; Evidence.--
(1) Liability.--Nothing in this title shall be construed
to--
(A) create a cause of action against any Federal firearms
licensee or any other person for any civil liability; or
(B) establish any standard of care.
(2) Evidence.--Notwithstanding any other provision of law,
evidence regarding compliance or noncompliance with the
amendments made by this title shall not be admissible as
evidence in any proceeding of any court, agency, board, or
other entity, except with respect to an action to enforce
paragraphs (1) and (2) of section 922(z), or to give effect
to paragraph (3) of section 922(z).
(3) Rule of construction.--Nothing in this subsection shall
be construed to bar a governmental action to impose a penalty
under section 924(p) of title 18, United States Code, for a
failure to comply with section 922(z) of that title.
SEC. 1004. EFFECTIVE DATE.
This title and the amendments made by this title shall take
effect 180 days after the date of enactment of this Act.
TITLE XI--SCHOOL SAFETY AND VIOLENCE PREVENTION
SEC. 1101. SCHOOL SAFETY AND VIOLENCE PREVENTION.
Title XIV of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 8801 et seq.) is amended by adding at the end
the following:
``PART I--SCHOOL SAFETY AND VIOLENCE PREVENTION
``SEC. 14851. SCHOOL SAFETY AND VIOLENCE PREVENTION.
``Notwithstanding any other provision of titles IV and VI,
funds made available under such titles may be used for--
``(1) training, including in-service training, for school
personnel (including custodians and bus drivers), with
respect to--
``(A) identification of potential threats, such as illegal
weapons and explosive devices;
``(B) crisis preparedness and intervention procedures; and
``(C) emergency response;
``(2) training for parents, teachers, school personnel and
other interested members of the community regarding the
identification and responses to early warning signs of
troubled and violent youth;
``(3) innovative research-based delinquency and violence
prevention programs, including--
``(A) school anti-violence programs; and
``(B) mentoring programs;
``(4) comprehensive school security assessments;
``(5) purchase of school security equipment and
technologies, such as--
``(A) metal detectors;
``(B) electronic locks; and
``(C) surveillance cameras;
``(6) collaborative efforts with community-based
organizations, including faith-based organizations, statewide
consortia, and law enforcement agencies, that have
demonstrated expertise in providing effective, research-based
violence prevention and intervention programs to school aged
children;
``(7) providing assistance to States, local educational
agencies, or schools to establish school uniform policies;
``(8) school resource officers, including community
policing officers; and
``(9) other innovative, local responses that are consistent
with reducing incidents of school violence and improving the
educational atmosphere of the classroom.''.
SEC. 1102. STUDY.
(a) Study.--The Comptroller General shall carry out a study
regarding school safety issues, including examining--
(1) incidents of school-based violence in the United
States;
(2) impediments to combating school-based violence,
including local, state, and Federal education and law
enforcement impediments;
(3) promising initiatives for addressing school-based
violence;
(4) crisis preparedness of school personnel;
(5) preparedness of local, State, and Federal law
enforcement to address incidents of school-based violence;
and
(6) evaluating current school violence prevention programs.
(b) Report.--The Comptroller General shall prepare and
submit to Congress a report regarding the results of the
study conducted under paragraph (1).
SEC. 1103. SCHOOL UNIFORMS.
Part E of title XIV of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 8891 et seq.) is amended by
adding at the end the following:
``SEC. 14515. SCHOOL UNIFORMS.
``(a) Construction.--Nothing in this Act shall be construed
to prohibit any State, local educational agency, or school
from establishing a school uniform policy.
``(b) Funding.--Notwithstanding any other provision of law,
funds provided under titles IV and VI may be used for
establishing a school uniform policy.''.
SEC. 1104. TRANSFER OF SCHOOL DISCIPLINARY RECORDS.
Part F of title XIV of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 8921 et seq.) is amended by
adding after section 14603 (20 U.S.C. 8923) the following:
``SEC. 14604. TRANSFER OF SCHOOL DISCIPLINARY RECORDS.
``(a) Nonapplication of Provisions.--The provisions of this
section shall not apply to any disciplinary records
transferred from a private, parochial, or other nonpublic
school, person, institution, or other entity, that provides
education below the college level.
``(b) Disciplinary Records.--Not later than 2 years after
the date of enactment of the Violent and Repeat Juvenile
Offender Accountability and Rehabilitation Act of 1999, each
State receiving Federal funds under this Act shall provide an
assurance to
[[Page S6129]]
the Secretary that the State has a procedure in place to
facilitate the transfer of disciplinary records by local
educational agencies to any private or public elementary
school or secondary school for any student who is enrolled or
seeks, intends, or is instructed to enroll, full-time or
part-time, in the school.
SEC. 1105. SCHOOL VIOLENCE RESEARCH.
The Attorney General shall establish at the National Center
for Rural Law Enforcement in Little Rock, Arkansas, a
research center that shall serve as a resource center or
clearinghouse for school violence research. The research
center shall conduct, compile, and publish school violence
research and otherwise conduct activities related to school
violence research, including--
(1) the collection, categorization, and analysis of data
from students, schools, communities, parents, law enforcement
agencies, medical providers, and others for use in efforts to
improve school security and otherwise prevent school
violence;
(2) the identification and development of strategies to
prevent school violence; and
(3) the development and implementation of curricula
designed to assist local educational agencies and law
enforcement agencies in the prevention of or response to
school violence.
SEC. 1106. NATIONAL CHARACTER ACHIEVEMENT AWARD.
(a) Presentation Authorized.--The President is authorized
to award to individuals under the age of 18, on behalf of the
Congress, a National Character Achievement Award, consisting
of medal of appropriate design, with ribbons and
appurtenances, honoring those individuals for distinguishing
themselves as a model of good character.
(b) Design and Striking.--For the purposes of the award
referred to in subsection (a), the Secretary of the Treasury
shall design and strike a medal with suitable emblems,
devices, and inscriptions, to be determined by the Secretary.
(c) Eligibility.--
(1) In general.--The President pro tempore of the Senate
and the Speaker of the House of Representatives shall
establish procedures for processing recommendations to be
forwarded to the President for awarding National Character
Achievement Award under subsection (a).
(2) Recommendations by school principals.--At a minimum,
the recommendations referred to in paragraph (1) shall
contain the endorsement of the principal (or equivalent
official) of the school in which the individual under the age
of 18 is enrolled.
SEC. 1107. NATIONAL COMMISSION ON CHARACTER DEVELOPMENT.
(a) Establishment.--There is established a commission to be
known as the National Commission on Character Development
(referred to in this section as the ``Commission'').
(b) Membership.--
(1) Appointing authority.--The Commission shall consist of
36 members, of whom--
(A) 12 shall be appointed by the President;
(B) 12 shall be appointed by the Speaker of the House of
Representatives; and
(C) 12 shall be appointed by the President pro tempore of
the Senate, on the recommendation of the majority and
minority leaders of the Senate.
(2) Composition.--The President, the Speaker of the House
of Representatives, and the President pro tempore of the
Senate shall each appoint as members of the Commission--
(A) 1 parent;
(B) 1 student;
(C) 2 representatives of the entertainment industry
(including the segments of the industry relating to audio,
video, and multimedia entertainment);
(D) 2 members of the clergy;
(E) 2 representatives of the information or technology
industry;
(F) 1 local law enforcement official;
(G) 2 individuals who have engaged in academic research
with respect to the impact of cultural influences on child
development and juvenile crime; and
(H) 1 representative of a grassroots organization engaged
in community and child intervention programs.
(3) Period of appointment.--Members shall be appointed for
the life of the Commission. Any vacancy in the Commission
shall not affect its powers, but shall be filled in the same
manner as the original appointment.
(c) Duties of the Commission.--
(1) Study.--The Commission shall study and make
recommendations with respect to the impact of current
cultural influences (as of the date of the study) on the
process of developing and instilling the key aspects of
character, which include trustworthiness, honesty, integrity,
an ability to keep promises, loyalty, respect,
responsibility, fairness, a caring nature, and good
citizenship.
(2) Reports.--
(A) Interim reports.--The Commission shall submit to the
President and Congress such interim reports relating to the
study as the Commission considers to be appropriate.
(B) Final report.--Not later than 2 years after the date of
the enactment of this Act, the Commission shall submit a
final report to the President and Congress that shall contain
a detailed statement of the findings and conclusions of the
Commission resulting from the study, together with
recommendations for such legislation and administrative
actions as the Commission considers to be appropriate.
(d) Chairperson.--The Commission shall select a Chairperson
from among the members of the Commission.
(e) Powers of the Commission.--
(1) Hearings.--The Commission may hold such hearings, sit
and act at such times and places, take such testimony, and
receive such evidence as the Commission considers advisable
to carry out the purposes of this Act.
(2) Information from federal agencies.--The Commission may
secure directly from any Federal department or agency such
information as the Commission considers necessary to carry
out the provisions of this Act. Upon request of the Chairman
of the Commission, the head of such department or agency
shall furnish such information to the Commission.
(3) Postal services.--The Commission may use the United
States mails in the same manner and under the same conditions
as other departments and agencies of the Federal Government.
(4) Gifts.--The Commission may accept, use, and dispose of
gifts or donations of services or property.
(f) Commission Personnel Matters.--
(1) Travel expenses.--The members of the Commission shall
not receive compensation for the performance of services for
the Commission, but shall be allowed travel expenses,
including per diem in lieu of subsistence, at rates
authorized for employees of agencies under subchapter I of
chapter 57 of title 5, United States Code, while away from
their homes or regular places of business in the performance
of services for the Commission.
(2) Detail of government employees.--Any Federal Government
employee may be detailed to the Commission without
reimbursement, and the detail shall be without interruption
or loss of civil service status or privilege.
(g) Permanent Commission.--Section 14 of the Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to the
Commission.
(h) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section such sums as may
be necessary for each of fiscal years 2000 and 2001.
SEC. 1108. JUVENILE ACCESS TO TREATMENT.
(a) Coordinated Juvenile Services Grants.--Title II of the
Juvenile Justice and Delinquency Prevention Act of 1974 (42
U.S.C. 5611 et seq.) is amended by inserting after section
205 the following:
``SEC. 205A. COORDINATED JUVENILE SERVICES GRANTS.
``(a) In General.--The Attorney General, in consultation
with the Secretary of Health and Human Services, working in
conjunction with the Center for Substance Abuse of the
Substance Abuse and Mental Health Services Administration,
may make grants to a consortium within a State of State or
local juvenile justice agencies or State or local substance
abuse and mental health agencies, and child service agencies
to coordinate the delivery of services to children among
these agencies. Any public agency may serve as the lead
entity for the consortium.
``(b) Use of Funds.--A consortium described in subsection
(a) that receives a grant under this section shall use the
grant for the establishment and implementation of programs
that address the service needs of adolescents with substance
abuse or mental health treatment problems, including those
who come into contact with the justice system by requiring
the following:
``(1) Collaboration across child serving systems, including
juvenile justice agencies, relevant public and private
substance abuse and mental health treatment providers, and
State or local educational entities and welfare agencies.
``(2) Appropriate screening and assessment of juveniles.
``(3) Individual treatment plans.
``(4) Significant involvement of juvenile judges where
appropriate.
``(c) Application for Coordinated Juvenile Services
Grant.--
``(1) In general.--A consortium described in subsection (a)
desiring to receive a grant under this section shall submit
an application containing such information as the
Administrator may prescribe.
``(2) Contents.--In addition to guidelines established by
the Administrator, each application submitted under paragraph
(1) shall provide--
``(A) certification that there has been appropriate
consultation with all affected agencies and that there will
be appropriate coordination with all affected agencies in the
implementation of the program;
``(B) for the regular evaluation of the program funded by
the grant and describe the methodology that will be used in
evaluating the program;
``(C) assurances that the proposed program or activity will
not supplant similar programs and activities currently
available in the community; and
``(D) specify plans for obtaining necessary support and
continuing the proposed program following the conclusion of
Federal support.
``(3) Federal share.--The Federal share of a grant under
this section shall not exceed 75 percent of the cost of the
program.
``(d) Report.--Each recipient of a grant under this section
during a fiscal year shall submit to the Attorney General a
report regarding the effectiveness of programs established
with the grant on the date specified by the Attorney General.
[[Page S6130]]
``(e) Funding.--Grants under this section shall be
considered an allowable use under section 205(a) and subtitle
B.''.
SEC. 1109. BACKGROUND CHECKS.
Section 5(9) of the National Child Protection Act of 1993
(42 U.S.C. 5119c(9)) is amended--
(1) in subparagraph (A)(i), by inserting ``(including an
individual who is employed by a school in any capacity,
including as a child care provider, a teacher, or another
member of school personnel)'' before the semicolon; and
(2) in subparagraph (B)(i), by inserting ``(including an
individual who seeks to be employed by a school in any
capacity, including as a child care provider, a teacher, or
another member of school personnel)'' before the semicolon.
SEC. 1110. DRUG TESTS.
(a) Short Title.--This section may be cited as the ``School
Violence Prevention Act''.
(b) Amendment.--Section 4116(b) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7116(b)) is
amended--
(1) in paragraph (9), by striking ``and'' after the
semicolon;
(2) by redesignating paragraph (10) as paragraph (11); and
(3) by inserting after paragraph (9) the following:
``(10) consistent with the fourth amendment to the
Constitution of the United States, testing a student for
illegal drug use, including at the request of or with the
consent of a parent or legal guardian of the student, if the
local educational agency elects to so test; and''.
SEC. 1111. SENSE OF THE SENATE.
It is the sense of the Senate that States receiving Federal
elementary and secondary education funding should require
local educational agencies to conduct, for each of their
employees (regardless of when hired) and prospective
employees, a nationwide background check for the purpose of
determining whether the employee has been convicted of a
crime that bears upon his fitness to have responsibility for
the safety or well-being of children, to serve in the
particular capacity in which he is (or is to be) employed, or
otherwise to be employed at all thereby.
TITLE XII--TEACHER LIABILITY PROTECTION ACT
SEC. 1201. SHORT TITLE.
This title may be cited as the ``Teacher Liability
Protection Act of 1999''.
SEC. 1202. FINDINGS AND PURPOSE.
(a) Findings.--Congress makes the following findings:
(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, principals and other
school professionals face lawsuits for actions undertaken as
part of their duties to provide millions of school children
quality educational opportunities.
(3) Too many teachers, principals and other school
professionals face increasingly severe and random 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 expand educational
opportunities.
(5) Clarifying and limiting the liability of teachers,
principals and other school professionals who undertake
reasonable actions to maintain order, discipline and an
appropriate educational environment is an appropriate subject
of Federal legislation because--
(A) the national scope of the problems created by the
legitimate fears of teachers, principals and other school
professionals about frivolous, arbitrary or capricious
lawsuits against teachers; and
(B) millions of children and their families across the
Nation depend on teachers, principals and other school
professionals for the intellectual development of the
children.
(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 maintain order,
discipline and an appropriate educational environment.
SEC. 1203. PREEMPTION AND ELECTION OF STATE NONAPPLICABILITY.
(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 Nonapplicability.--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 accordance 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.
SEC. 1204. LIMITATION ON LIABILITY FOR TEACHERS.
(a) Liability Protection for Teachers.--Except as provided
in subsections (b) and (d), no teacher in a school shall be
liable for harm caused by an act or omission 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 appropriate
authorities for the activities or practice in the State in
which the harm occurred, where the activities were or
practice was undertaken within the scope of the teacher's
responsibilities;
(4) the harm was not caused by willful or criminal
misconduct, gross negligence, reckless misconduct, 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 operating a
motor vehicle, vessel, aircraft, or other vehicle 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) No Effect on Liability of School or Governmental
Entity.--Nothing in this section shall be construed to affect
the liability of any school or governmental entity with
respect to harm caused to any person.
(d) Exceptions to Teacher Liability Protection.--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 governmental
entity to adhere to risk management procedures, including
mandatory training of teachers.
(2) A State law that makes the school or governmental
entity liable for the acts or omissions of its teachers to
the same extent as an employer is liable for the acts or
omissions of its employees.
(3) A State law that makes a limitation of liability
inapplicable if the civil action was brought by an officer of
a State or local government pursuant to State or local law.
(e) 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
responsibilities 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.
(f) Exceptions to Limitations on Liability.--
(1) In general.--The limitations on the liability 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 18, United States Code) for which the
defendant has been convicted in any court;
(B) involves a sexual offense, as defined by applicable
State law, for which the defendant has been convicted in any
court;
(C) involves misconduct for which the defendant has been
found to have violated a Federal or State civil rights law;
or
(D) where the defendant was under the influence (as
determined pursuant to applicable State law) of intoxicating
alcohol or any drug at the time of the misconduct.
(2) Rule of construction.--Nothing in this subsection shall
be construed to effect subsection (a)(3) or (e).
SEC. 1205. LIABILITY FOR NONECONOMIC LOSS.
(a) General Rule.--In any civil action against a teacher,
based on an action of a teacher acting within the scope of
the teacher's responsibilities to a school or governmental
entity, the liability of the teacher for noneconomic loss
shall be determined in accordance with subsection (b).
(b) Amount of Liability.--
(1) In general.--Each defendant who is a teacher, shall be
liable only for the amount of noneconomic loss allocated to
that defendant in direct proportion to the percentage of
responsibility of that defendant (determined in accordance
with paragraph (2)) for the harm to the claimant with respect
to which that defendant is liable. The court shall render a
separate judgment against each defendant in an amount
determined pursuant to the preceding sentence.
(2) Percentage of responsibility.--For purposes of
determining the amount of noneconomic loss allocated to a
defendant who is a teacher under this section, the trier of
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fact shall determine the percentage of responsibility of that
defendant for the claimant's harm.
SEC. 1206. DEFINITIONS.
For purposes of this title:
(1) Economic loss.--The term ``economic loss'' means any
pecuniary loss resulting from harm (including the loss of
earnings or other benefits related to employment, medical
expense loss, replacement services loss, loss due to death,
burial costs, and loss of business or employment
opportunities) to the extent recovery for such loss is
allowed under applicable State law.
(2) Harm.--The term ``harm'' includes physical,
nonphysical, economic, and noneconomic losses.
(3) Noneconomic losses.--The term ``noneconomic losses''
means losses for physical and emotional pain, suffering,
inconvenience, physical impairment, mental anguish,
disfigurement, loss of enjoyment of life, loss of society and
companionship, loss of consortium (other than loss of
domestic service), hedonic damages, injury to reputation and
all other nonpecuniary losses of any kind or nature.
(4) School.--The term ``school'' means a public or private
kindergarten, a public or private elementary school or
secondary school (as defined in section 14101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
8801)), or a home school.
(5) State.--The term ``State'' means each of the several
States of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the United States Virgin
Islands, Guam, American Samoa, the Commonwealth of the
Northern Mariana Islands, any other territory or possession
of the United States, or any political subdivision of any
such State, territory, or possession.
(6) Teacher.--The term ``teacher'' means a teacher,
instructor, principal, administrator, or other educational
professional, that works in a school.
SEC. 1207. EFFECTIVE DATE.
(a) In General.--This title shall take effect 90 days after
the date of enactment of this Act.
(b) Application.--This title applies to any claim for harm
caused by an act or omission of a teacher where that claim is
filed on or after the effective date of this Act, without
regard to whether the harm that is the subject of the claim
or the conduct that caused the harm occurred before such
effective date.
TITLE XIII--VIOLENCE PREVENTION TRAINING FOR EARLY CHILDHOOD EDUCATORS
SEC. 1301. SHORT TITLE.
This title may be cited as the ``Violence Prevention
Training for Early Childhood Educators Act''.
SEC. 1302. PURPOSE.
The purpose of this title is to provide grants to
institutions that carry out early childhood education
training programs to enable the institutions to include
violence prevention training as part of the preparation of
individuals pursuing careers in early childhood development
and education.
SEC. 1303. FINDINGS.
Congress makes the following findings:
(1) Aggressive behavior in early childhood is the single
best predictor of aggression in later life.
(2) Aggressive and defiant behavior predictive of later
delinquency is increasing among our Nation's youngest
children. Without prevention efforts, higher percentages of
juveniles are likely to become violent juvenile offenders.
(3) Research has demonstrated that aggression is primarily
a learned behavior that develops through observation,
imitation, and direct experience. Therefore, children who
experience violence as victims or as witnesses are at
increased risk of becoming violent themselves.
(4) In a study at a Boston city hospital, 1 out of every 10
children seen in the primary care clinic had witnessed a
shooting or a stabbing before the age of 6, with 50 percent
of the children witnessing in the home and 50 percent of the
children witnessing in the streets.
(5) A study in New York found that children who had been
victims of violence within their families were 24 percent
more likely to report violent behavior as adolescents, and
adolescents who had grown up in families where partner
violence occurred were 21 percent more likely to report
violent delinquency than individuals not exposed to violence.
(6) Aggression can become well-learned and difficult to
change by the time a child reaches adolescence. Early
childhood offers a critical period for overcoming risk for
violent behavior and providing support for prosocial
behavior.
(7) Violence prevention programs for very young children
yield economic benefits. By providing health and stability to
the individual child and the child's family, the programs may
reduce expenditures for medical care, special education, and
involvement with the judicial system.
(8) Primary prevention can be effective. When preschool
teachers teach young children interpersonal problem-solving
skills and other forms of conflict resolution, children are
less likely to demonstrate problem behaviors.
(9) There is evidence that family support programs in
families with children from birth through 5 years of age are
effective in preventing delinquency.
SEC. 1304. DEFINITIONS.
In this title:
(1) At-risk child.--The term ``at-risk child'' means a
child who has been affected by violence through direct
exposure to child abuse, other domestic violence, or violence
in the community.
(2) Early childhood education training program.--The term
``early childhood education training program'' means a
program that--
(A)(i) trains individuals to work with young children in
early child development programs or elementary schools; or
(ii) provides professional development to individuals
working in early child development programs or elementary
schools;
(B) provides training to become an early childhood
education teacher, an elementary school teacher, a school
counselor, or a child care provider; and
(C) leads to a bachelor's degree or an associate's degree,
a certificate for working with young children (such as a
Child Development Associate's degree or an equivalent
credential), or, in the case of an individual with such a
degree, certificate, or credential, provides professional
development.
(3) Elementary school.--The term ``elementary school'' has
the meaning given the term in section 14101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 8801).
(4) Violence prevention.--The term ``violence prevention''
means--
(A) preventing violent behavior in children;
(B) identifying and preventing violent behavior in at-risk
children; or
(C) identifying and ameliorating violent behavior in
children who act out violently.
SEC. 1305. PROGRAM AUTHORIZED.
(a) Grant Authority.--The Secretary of Education is
authorized to award grants to institutions that carry out
early childhood education training programs and have
applications approved under section 1306 to enable the
institutions to provide violence prevention training as part
of the early childhood education training program.
(b) Amount.--The Secretary of Education shall award a grant
under this title in an amount that is not less than $500,000
and not more than $1,000,000.
(c) Duration.--The Secretary of Education shall award a
grant under this title for a period of not less than 3 years
and not more than 5 years.
SEC. 1306. APPLICATION.
(a) Application Required.--Each institution desiring a
grant under this title shall submit to the Secretary of
Education an application at such time, in such manner, and
accompanied by such information as the Secretary of Education
may require.
(b) Contents.--Each application shall--
(1) describe the violence prevention training activities
and services for which assistance is sought;
(2) contain a comprehensive plan for the activities and
services, including a description of--
(A) the goals of the violence prevention training program;
(B) the curriculum and training that will prepare students
for careers which are described in the plan;
(C) the recruitment, retention, and training of students;
(D) the methods used to help students find employment in
their fields;
(E) the methods for assessing the success of the violence
prevention training program; and
(F) the sources of financial aid for qualified students;
(3) contain an assurance that the institution has the
capacity to implement the plan; and
(4) contain an assurance that the plan was developed in
consultation with agencies and organizations that will assist
the institution in carrying out the plan.
SEC. 1307. SELECTION PRIORITIES.
The Secretary of Education shall give priority to awarding
grants to institutions carrying out violence prevention
programs that include 1 or more of the following components:
(1) Preparation to engage in family support (such as parent
education, service referral, and literacy training).
(2) Preparation to engage in community outreach or
collaboration with other services in the community.
(3) Preparation to use conflict resolution training with
children.
(4) Preparation to work in economically disadvantaged
communities.
(5) Recruitment of economically disadvantaged students.
(6) Carrying out programs of demonstrated effectiveness in
the type of training for which assistance is sought,
including programs funded under section 596 of the Higher
Education Act of 1965 (as such section was in effect prior to
October 7, 1998).
SEC. 1308. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this
title $15,000,000 for each of the fiscal years 2000 through
2004.
TITLE XIV--PREVENTING JUVENILE DELINQUENCY THROUGH CHARACTER EDUCATION
SEC. 1401. PURPOSE.
The purpose of this title is to support the work of
community-based organizations, local educational agencies,
and schools in providing children and youth with alternatives
to delinquency through strong
[[Page S6132]]
school-based and after school programs that--
(1) are organized around character education;
(2) reduce delinquency, school discipline problems, and
truancy; and
(3) improve student achievement, overall school
performance, and youths' positive involvement in their
community.
SEC. 1402. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated--
(1) $15,000,000 for fiscal year 2000, and such sums as may
be necessary for each of the 4 succeeding fiscal years, to
carry out school-based programs under section 1403; and
(2) $10,000,000 for fiscal year 2000, and such sums as may
be necessary for each of the 4 succeeding fiscal years, to
carry out the after school programs under section 1404.
(b) Source of Funding.--Amounts authorized to be
appropriated pursuant to this section may be derived from the
Violent Crime Reduction Trust Fund.
SEC. 1403. SCHOOL-BASED PROGRAMS.
(a) In General.--The Secretary, in consultation with the
Attorney General, is authorized to award grants to schools,
or local educational agencies that enter into a partnership
with a school, to support the development of character
education programs in the schools in order to--
(1) reduce delinquency, school discipline problems, and
truancy; and
(2) improve student achievement, overall school
performance, and youths' positive involvement in their
community.
(b) Applications.--Each school or local educational agency
desiring a grant under this section shall submit an
application to the Secretary at such time and in such manner
as the Secretary may require.
(1) Contents.--Each application shall include--
(A) a description of the community to be served and the
needs that will be met with the program in that community;
(B) a description of how the program will reach youth at-
risk of delinquency;
(C) a description of the activities to be assisted,
including--
(i) how parents, teachers, students, and other members of
the community will be involved in the design and
implementation of the program;
(ii) the character education program to be implemented,
including methods of teacher training and parent education
that will be used or developed; and
(iii) how the program will coordinate activities assisted
under this section with other youth serving activities in the
larger community;
(D) a description of the goals of the program;
(E) a description of how progress toward the goals, and
toward meeting the purposes of this title, will be measured;
and
(F) an assurance that the school or local educational
agency will provide the Secretary with information regarding
the program and the effectiveness of the program.
SEC. 1404. AFTER SCHOOL PROGRAMS.
(a) In General.--The Secretary, in consultation with the
Attorney General, is authorized to award grants to community-
based organizations to enable the organizations to provide
youth with alternative activities, in the after school or out
of school hours, that include a strong character education
component.
(b) Eligible Community-Based Organizations.--The Secretary
only shall award a grant under this section to a community-
based organization that has a demonstrated capacity to
provide after school or out of school programs to youth,
including youth serving organizations, businesses, and other
community groups.
(c) Applications.--Each community-based organization
desiring a grant under this section shall submit an
application to the Secretary at such time and in such manner
as the Secretary may require. Each application shall
include--
(1) a description of the community to be served and the
needs that will be met with the program in that community;
(2) a description of how the program will identify and
recruit at-risk youth for participation in the program, and
will provide continuing support for their participation;
(3) a description of the activities to be assisted,
including--
(A) how parents, students, and other members of the
community will be involved in the design and implementation
of the program;
(B) how character education will be incorporated into the
program; and
(C) how the program will coordinate activities assisted
under this section with activities of schools and other
community-based organizations;
(4) a description of the goals of the program;
(5) a description of how progress toward the goals, and
toward meeting the purposes of this title, will be measured;
and
(6) an assurance that the community-based organization will
provide the Secretary with information regarding the program
and the effectiveness of the program.
SEC. 1405. GENERAL PROVISIONS.
(a) Duration.--Each grant under this title shall be awarded
for a period of not to exceed 5 years.
(b) Planning.--A school, local educational agency or
community-based organization may use grant funds provided
under this title for not more than 1 year for the planning
and design of the program to be assisted.
(c) Selection of Grantees.--
(1) Criteria.--The Secretary, in consultation with the
Attorney General, shall select, through a peer review
process, community-based organizations, schools, and local
educational agencies to receive grants under this title on
the basis of the quality of the applications submitted and
taking into consideration such factors as--
(A) the quality of the activities to be assisted;
(B) the extent to which the program fosters in youth the
elements of character and reaches youth at-risk of
delinquency;
(C) the quality of the plan for measuring and assessing the
success of the program;
(D) the likelihood the goals of the program will be
realistically achieved;
(E) the experience of the applicant in providing similar
services; and
(F) the coordination of the program with larger community
efforts in character education.
(2) Diversity of projects.--The Secretary shall approve
applications under this title in a manner that ensures, to
the extent practicable, that programs assisted under this
title serve different areas of the United States, including
urban, suburban and rural areas, and serve at-risk
populations.
(d) Use of Funds.--Grant funds under this title shall be
used to support the work of community-based organizations,
schools, or local educational agencies in providing children
and youth with alternatives to delinquency through strong
school-based, after school, or out of school programs that--
(1) are organized around character education;
(2) reduce delinquency, school discipline problems, and
truancy; and
(3) improve student achievement, overall school
performance, and youths' positive involvement in their
community.
(d) Definitions.--
(1) In general.--The terms used in this Act have the
meanings given the terms in section 14101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 8801).
(2) Character education.--The term ``character education''
means an organized educational program that works to
reinforce core elements of character, including caring, civic
virtue and citizenship, justice and fairness, respect,
responsibility, and trustworthiness.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Education.
TITLE XV--VIOLENT OFFENDER DNA IDENTIFICATION ACT OF 1999
SEC. 1501. SHORT TITLE.
This title may be cited as the ``Violent Offender DNA
Identification Act of 1999''.
SEC. 1502. ELIMINATION OF CONVICTED OFFENDER DNA BACKLOG.
(a) Development of Plan.--
(1) In general.--Not later than 45 days after the date of
enactment of this Act, the Director of the Federal Bureau of
Investigation, in coordination with the Assistant Attorney
General of the Office of Justice Programs at the Department
of Justice, and after consultation with representatives of
State and local forensic laboratories, shall develop a
voluntary plan to assist State and local forensic
laboratories in performing DNA analyses of DNA samples
collected from convicted offenders.
(2) Objective.--The objective of the plan developed under
paragraph (1) shall be to effectively eliminate the backlog
of convicted offender DNA samples awaiting analysis in State
or local forensic laboratory storage, including samples that
need to be reanalyzed using upgraded methods, in an
efficient, expeditious manner that will provide for their
entry into the Combined DNA Indexing System (CODIS).
(b) Plan Conditions.--The plan developed under subsection
(a) shall--
(1) require that each laboratory performing DNA analyses
satisfy quality assurance standards and utilize state-of-the-
art testing methods, as set forth by the Director of the
Federal Bureau of Investigation, in coordination with the
Assistant Attorney General of the Office of Justice Programs
of the Department of Justice; and
(2) require that each DNA sample collected and analyzed be
accessible only--
(A) to criminal justice agencies for law enforcement
identification purposes;
(B) in judicial proceedings, if otherwise admissible
pursuant to applicable statutes or rules;
(C) for criminal defense purposes, to a defendant, who
shall have access to samples and analyses performed in
connection with the case in which such defendant is charged;
or
(D) if personally identifiable information is removed, for
a population statistics database, for identification research
and protocol development purposes, or for quality control
purposes.
(c) Implementation of Plan.--Subject to the availability of
appropriations under subsection (d), the Director of the
Federal Bureau of Investigation, in coordination with the
Assistant Attorney General of the Office of Justice Programs
at the Department of Justice, shall implement the plan
developed pursuant to subsection (a) with State and local
forensic laboratories that elect to participate.
(d) Authorization of Appropriations.--There are authorized
to be appropriated to the Department of Justice to carry out
this
[[Page S6133]]
section $15,000,000 for each of fiscal years 2000 and 2001.
SEC. 1503. DNA IDENTIFICATION OF FEDERAL, DISTRICT OF
COLUMBIA, AND MILITARY VIOLENT OFFENDERS.
(a) Expansion of DNA Identification Index.--Section
811(a)(2) of the Antiterrorism and Effective Death Penalty
Act of 1996 (28 U.S.C. 531 note) is amended to read as
follows:
``(2) the Director of the Federal Bureau of Investigation
shall expand the combined DNA Identification System (CODIS)
to include information on DNA identification records and
analyses related to criminal offenses and acts of juvenile
delinquency under Federal law, the Uniform Code of Military
Justice, and the District of Columbia Code, in accordance
with section 210304 of the Violent Crime Control and Law
Enforcement Act of 1994 (42 U.S.C. 14132).''.
(b) Index To Facilitate Law Enforcement Exchange of DNA
Identification Information.--Section 210304 of the Violent
Crime Control and Law Enforcement Act of 1994 (42 U.S.C.
14132) is amended--
(1) in subsection (a)(1), by striking ``persons convicted
of crimes'' and inserting ``individuals convicted of criminal
offenses or adjudicated delinquent for acts of juvenile
delinquency, including qualifying offenses (as defined in
subsection (d)(1))'';
(2) in subsection (b)(2), by striking ``, at regular
intervals of not to exceed 180 days,'' and inserting
``semiannual''; and
(3) by adding at the end the following:
``(d) Inclusion of DNA Information Relating to Violent
Offenders.--
``(1) Definitions.--In this subsection--
``(A) the term `crime of violence' has the meaning given
such term in section 924(c)(3) of title 18, United States
Code; and
``(B) the term `qualifying offense' means a criminal
offense or act of juvenile delinquency included on the list
established by the Director of the Federal Bureau of
Investigation under paragraph (2)(A)(i).
``(2) Regulations.--
``(A) In general.--Not later than 90 days after the date of
enactment of this subsection, and at the discretion of the
Director thereafter, the Director of the Federal Bureau of
Investigation, in consultation with the Director of the
Bureau of Prisons, the Director of the Court Services and
Offender Supervision Agency for the District of Columbia or
the Trustee appointed under section 11232(a) of the Balanced
Budget Act of 1997 (as appropriate), and the Chief of Police
of the Metropolitan Police Department of the District of
Columbia, shall by regulation establish--
``(i) a list of qualifying offenses; and
``(ii) standards and procedures for--
``(I) the analysis of DNA samples collected from
individuals convicted of or adjudicated delinquent for a
qualifying offense;
``(II) the inclusion in the index established by this
section of the DNA identification records and DNA analyses
relating to the DNA samples described in subclause (I); and
``(III) with respect to juveniles, the expungement of DNA
identification records and DNA analyses described in
subclause (II) from the index established by this section in
any circumstance in which the underlying adjudication for the
qualifying offense has been expunged.
``(B) Offenses included.--The list established under
subparagraph (A)(i) shall include--
``(i) each criminal offense or act of juvenile delinquency
under Federal law that--
``(I) constitutes a crime of violence; or
``(II) in the case of an act of juvenile delinquency,
would, if committed by an adult, constitute a crime of
violence;
``(ii) each criminal offense under the District of Columbia
Code that constitutes a crime of violence; and
``(iii) any other felony offense under Federal law or the
District of Columbia Code, as determined by the Director of
the Federal Bureau of Investigation.
``(3) Federal offenders.--
``(A) Collection of samples from federal prisoners.--
``(i) In general.--Beginning 180 days after the date of
enactment of this subsection, the Director of the Bureau of
Prisons shall collect a DNA sample from each individual in
the custody of the Bureau of Prisons who, before or after
this subsection takes effect, has been convicted of or
adjudicated delinquent for a qualifying offense.
``(ii) Time and manner.--The Director of the Bureau of
Prisons shall specify the time and manner of collection of
DNA samples under this subparagraph.
``(B) Collection of samples from federal offenders on
supervised release, parole, or probation.--
``(i) In general.--Beginning 180 days after the date of
enactment of this subsection, the agency responsible for the
supervision under Federal law of an individual on supervised
release, parole, or probation (other than an individual
described in paragraph (4)(B)(i)) shall collect a DNA sample
from each individual who has, before or after this subsection
takes effect, been convicted of or adjudicated delinquent for
a qualifying offense.
``(ii) Time and manner.--The Director of the Administrative
Office of the United States Courts shall specify the time and
manner of collection of DNA samples under this subparagraph.
``(4) District of columbia offenders.--
``(A) Offenders in custody of district of columbia.--
``(i) In general.--The Government of the District of
Columbia may--
``(I) identify 1 or more categories of individuals who are
in the custody of, or under supervision by, the District of
Columbia, from whom DNA samples should be collected; and
``(II) collect a DNA sample from each individual in any
category identified under clause (i).
``(ii) Definition.--In this subparagraph, the term
`individuals in the custody of, or under supervision by, the
District of Columbia'--
``(I) includes any individual in the custody of, or under
supervision by, any agency of the Government of the District
of Columbia; and
``(II) does not include an individual who is under the
supervision of the Director of the Court Services and
Offender Supervision Agency for the District of Columbia or
the Trustee appointed under section 11232(a) of the Balanced
Budget Act of 1997.
``(B) Offenders on supervised release, probation, or
parole.--
``(i) In general.--Beginning 180 days after the date of
enactment of this subsection, the Director of the Court
Services and Offender Supervision Agency for the District of
Columbia, or the Trustee appointed under section 11232(a) of
the Balanced Budget Act of 1997, as appropriate, shall
collect a DNA sample from each individual under the
supervision of the Agency or Trustee, respectively, who is on
supervised release, parole, or probation and who has, before
or after this subsection takes effect, been convicted of or
adjudicated delinquent for a qualifying offense.
``(ii) Time and manner.--The Director or the Trustee, as
appropriate, shall specify the time and manner of collection
of DNA samples under this subparagraph.
``(5) Waiver; collection procedures.--Notwithstanding any
other provision of this subsection, a person or agency
responsible for the collection of DNA samples under this
subsection may--
``(A) waive the collection of a DNA sample from an
individual under this subsection if another person or agency
has collected such a sample from the individual under this
subsection or subsection (e); and
``(B) use or authorize the use of such means as are
necessary to restrain and collect a DNA sample from an
individual who refuses to cooperate in the collection of the
sample.
``(e) Inclusion of DNA Information Relating to Violent
Military Offenders.--
``(1) In general.--Not later than 120 days after the date
of enactment of this subsection, the Secretary of Defense
shall prescribe regulations that--
``(A) specify categories of conduct punishable under the
Uniform Code of Military Justice (referred to in this
subsection as `qualifying military offenses') that are
comparable to qualifying offenses (as defined in subsection
(d)(1)); and
``(B) set forth standards and procedures for--
``(i) the analysis of DNA samples collected from
individuals convicted of a qualifying military offense; and
``(ii) the inclusion in the index established by this
section of the DNA identification records and DNA analyses
relating to the DNA samples described in clause (i).
``(2) Collection of samples.--
``(A) In general.--Beginning 180 days after the date of
enactment of this subsection, the Secretary of Defense shall
collect a DNA sample from each individual under the
jurisdiction of the Secretary of a military department who
has, before or after this subsection takes effect, been
convicted of a qualifying military offense.
``(B) Time and manner.--The Secretary of Defense shall
specify the time and manner of collection of DNA samples
under this paragraph.
``(3) Waiver; collection procedures.--Notwithstanding any
other provision of this subsection, the Secretary of Defense
may--
``(A) waive the collection of a DNA sample from an
individual under this subsection if another person or agency
has collected or will collect such a sample from the
individual under subsection (d); and
``(B) use or authorize the use of such means as are
necessary to restrain and collect a DNA sample from an
individual who refuses to cooperate in the collection of the
sample.
``(f) Criminal Penalty.--
``(1) In general.--An individual from whom the collection
of a DNA sample is required or authorized pursuant to
subsection (d) who fails to cooperate in the collection of
that sample shall be--
``(A) guilty of a class A misdemeanor; and
``(B) punished in accordance with title 18, United States
Code.
``(2) Military offenders.--An individual from whom the
collection of a DNA sample is required or authorized pursuant
to subsection (e) who fails to cooperate in the collection of
that sample may be punished as a court martial may direct as
a violation of the Uniform Code of Military Justice.
``(g) Authorization of Appropriations.--There are
authorized to be appropriated--
``(1) to the Department of Justice to carry out subsection
(d) of this section (including to reimburse the Federal
judiciary for any reasonable costs incurred in implementing
such subsection, as determined by the Attorney General) and
section 3(d) of the Violent Offender DNA Identification Act
of 1999--
``(A) $6,600,000 for fiscal year 2000; and
``(B) such sums as may be necessary for each of fiscal
years 2001 through 2004;
[[Page S6134]]
``(2) to the Court Services and Offender Supervision Agency
for the District of Columbia or the Trustee appointed under
section 11232(a) of the Balanced Budget Act of 1997 (as
appropriate), such sums as may be necessary for each of
fiscal years 2000 through 2004; and
``(3) to the Department of Defense to carry out subsection
(e)--
``(A) $600,000 for fiscal year 2000; and
``(B) $300,000 for each of fiscal years 2001 through
2004.''.
(c) Conditions of Release.--
(1) Conditions of probation.--Section 3563(a) of title 18,
United States Code, is amended--
(A) in paragraph (7), by striking ``and'' at the end;
(B) in paragraph (8), by striking the period at the end and
inserting ``; and''; and
(C) by inserting after paragraph (8) the following:
``(9) that the defendant cooperate in the collection of a
DNA sample from the defendant if the collection of such a
sample is required or authorized pursuant to section 210304
of the Violent Crime Control and Law Enforcement Act of 1994
(42 U.S.C. 14132).''.
(2) Conditions of supervised release.--Section 3583(d) of
title 18, United States Code, is amended by inserting before
``The court shall also order'' the following: ``The court
shall order, as an explicit condition of supervised release,
that the defendant cooperate in the collection of a DNA
sample from the defendant, if the collection of such a sample
is required or authorized pursuant to section 210304 of the
Violent Crime Control and Law Enforcement Act of 1994 (42
U.S.C. 14132).''.
(3) Conditions of release generally.--If the collection of
a DNA sample from an individual on probation, parole, or
supervised release pursuant to a conviction or adjudication
of delinquency under the law of any jurisdiction (including
an individual on parole pursuant to chapter 311 of title 18,
United States Code, as in effect on October 30, 1997) is
required or authorized pursuant to section 210304 of the
Violent Crime Control and Law Enforcement Act of 1994 (42
U.S.C. 14132), and the sample has not otherwise been
collected, the individual shall cooperate in the collection
of a DNA sample as a condition of that probation, parole, or
supervised release.
(d) Report and Evaluation.--Not later than 1 year after the
date of enactment of this Act, the Attorney General, acting
through the Assistant Attorney General for the Office of
Justice Programs of the Department of Justice and the
Director of the Federal Bureau of Investigation, shall--
(1) conduct an evaluation to--
(A) identify criminal offenses, including offenses other
than qualifying offenses (as defined in section 210304(d)(1)
of the Violent Crime Control and Law Enforcement Act of 1994
(42 U.S.C. 14132(d)(1)), as added by this section) that, if
serving as a basis for the mandatory collection of a DNA
sample under section 210304 of the Violent Crime Control and
Law Enforcement Act of 1994 (42 U.S.C. 14132) or under State
law, are likely to yield DNA matches, and the relative degree
of such likelihood with respect to each such offense; and
(B) determine the number of investigations aided (including
the number of suspects cleared), and the rates of prosecution
and conviction of suspects identified through DNA matching;
and
(2) submit to Congress a report describing the results of
the evaluation under paragraph (1).
(e) Technical and Conforming Amendments.--
(1) Drug control and system improvement grants.--Section
503(a)(12)(C) of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3753(a)(12)(C)) is
amended by striking ``, at regular intervals of not to exceed
180 days,'' and inserting ``semiannual''.
(2) DNA identification grants.--Section 2403(3) of title I
of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3796kk-2(3)) is amended by striking ``, at regular
intervals not exceeding 180 days,'' and inserting
``semiannual''.
(3) Federal bureau of investigation.--Section
210305(a)(1)(A) of the Violent Crime Control and Law
Enforcement Act of 1994 (42 U.S.C. 14133(a)(1)(A)) is amended
by striking ``, at regular intervals of not to exceed 180
days,'' and inserting ``semiannual''.
TITLE XVI--MISCELLANEOUS PROVISIONS
Subtitle A--General Provisions
SEC. 1601. PROHIBITION ON FIREARMS POSSESSION BY VIOLENT
JUVENILE OFFENDERS.
(a) Definition.--Section 921(a)(20) of title 18, United
States Code, is amended--
(1) by inserting ``(A)'' after ``(20)'';
(2) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively;
(3) by inserting after subparagraph (A) the following:
``(B) For purposes of subsections (d) and (g) of section
922, the term `act of violent juvenile delinquency' means an
adjudication of delinquency in Federal or State court, based
on 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 or violent felony, as defined in
section 3559(c)(2)(F)(i) had Federal jurisdiction existed and
been exercised (except that section 3559(c)(3) shall not
apply to this subparagraph).''; and
(4) in the undesignated paragraph following subparagraph
(B) (as added by paragraph (3) of this subsection), by
striking ``What constitutes'' and all that follows through
``this chapter,'' and inserting the following:
``(C) What constitutes a conviction of such a crime or an
adjudication of an act of violent juvenile delinquency shall
be determined in accordance with the law of the jurisdiction
in which the proceedings were held. Any State conviction or
adjudication of an act of violent juvenile delinquency that
has been expunged or set aside, or for which a person has
been pardoned or has had civil rights restored, by the
jurisdiction in which the conviction or adjudication of an
act of violent juvenile delinquency occurred shall not be
considered to be a conviction or adjudication of an act of
violent juvenile delinquency for purposes of this chapter,''.
(b) Prohibition.--Section 922 of title 18, United States
Code, is amended--
(1) in subsection (d)--
(A) in paragraph (8), by striking ``or'' at the end;
(B) in paragraph (9), by striking the period at the end and
inserting ``; or''; and
(C) by inserting after paragraph (9) the following:
``(10) has committed an act of violent juvenile
delinquency.''; and
(2) in subsection (g)--
(A) in paragraph (8), by striking ``or'' at the end;
(B) in paragraph (9), by striking the comma at the end and
inserting ``; or''; and
(C) by inserting after paragraph (9) the following:
``(10) who has committed an act of violent juvenile
delinquency,''.
(c) Effective Date of Adjudication Provisions.--The
amendments made by this section shall only apply to an
adjudication of an act of violent juvenile delinquency that
occurs after the date that is 30 days after the date on which
the Attorney General certifies to Congress and separately
notifies Federal firearms licensees, through publication in
the Federal Register by the Secretary of the Treasury, that
the records of such adjudications are routinely available in
the national instant criminal background check system
established under section 103(b) of the Brady Handgun
Violence Prevention Act.
SEC. 1602. SAFE STUDENTS.
(a) Short Title.--This section may be cited as the ``Safe
Students Act.''
(b) Purpose.--It is the purpose of this section to maximize
local flexibility in responding to the threat of juvenile
violence through the implementation of effective school
violence prevention and safety programs.
(c) Program Authorized.--The Attorney General shall,
subject to the availability of appropriations, award grants
to local education agencies and to law enforcement agencies
to assist in the planning, establishing, operating,
coordinating and evaluating of school violence prevention and
school safety programs.
(d) Application Requirements.--
(1) In general.--To be eligible to receive a grant under
subsection (c), an entity shall--
(A) be a local education agency or a law enforcement
agency; and
(B) prepare and submit to the Attorney General an
application at such time, in such manner and containing such
information as the Attorney General may require, including--
(i) a detailed explanation of the intended uses of funds
provided under the grant; and
(ii) a written assurance that the schools to be served
under the grant will have a zero tolerance policy in effect
for drugs, alcohol, weapons, truancy and juvenile crime on
school campuses.
(2) Priority.--The Attorney General shall give priority in
awarding grants under this section to applications that have
been submitted jointly by a local education agency and a law
enforcement agency.
(e) Allowable Uses of Funds.--Amounts received under a
grant under this section shall be used for innovative, local
responses, consistent with the purposes of this Act, which
may include--
(1) training, including in-service training, for school
personnel, custodians and bus drivers in--
(A) the identification of potential threats (such as
illegal weapons and explosive devices);
(B) crisis preparedness and intervention procedures; and
(C) emergency response;
(2) training of interested parents, teachers and other
school and law enforcement personnel in the identification
and responses to early warning signs of troubled and violent
youth;
(3) innovative research-based delinquency and violence
prevention programs, including mentoring programs;
(4) comprehensive school security assessments;
(5) the purchase of school security equipment and
technologies such as metal detectors, electronic locks,
surveillance cameras;
(6) collaborative efforts with law enforcement agencies,
community-based organizations (including faith-based
organizations) that have demonstrated expertise in providing
effective, research-based violence prevention and
intervention programs to school age children;
(7) providing assistance to families in need for the
purpose of purchasing required school uniforms;
(8) school resource officers, including community police
officers; and
(9) community policing in and around schools.
[[Page S6135]]
(f) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section, $200,000,000
for fiscal year 2000, and such sums as may be necessary for
each of fiscal years 2001 through 2004.
(g) Report to Congress.--Not later than 2 years after the
date of enactment of this section, and every 2 years
thereafter, the Attorney General shall prepare and submit to
the appropriate committees of Congress a report concerning
the manner in which grantees have used amounts received under
a grant under this section.
SEC. 1603. STUDY OF MARKETING PRACTICES OF THE FIREARMS
INDUSTRY.
(a) In General.--The Federal Trade Commission and the
Attorney General shall jointly conduct a study of the
marketing practices of the firearms industry, with respect to
children.
(b) Issues Examined.--In conducting the study under
subsection (a), the Commission and the Attorney General shall
examine the extent to which the firearms industry advertises
and promotes its products to juveniles, including in media
outlets in which minors comprise a substantial percentage of
the audience.
(c) Report.--Not later than one year after the date of the
enactment of this Act, the Commission and the Attorney
General shall submit to Congress a report on the study
conducted under subsection (a).
SEC. 1604. PROVISION OF INTERNET FILTERING OR SCREENING
SOFTWARE BY CERTAIN INTERNET SERVICE PROVIDERS.
(a) Requirement To Provide.--Each Internet service provider
shall at the time of entering an agreement with a residential
customer for the provision of Internet access services,
provide to such customer, either at no fee or at a fee not in
excess of the amount specified in subsection (c), computer
software or other filtering or blocking system that allows
the customer to prevent the access of minors to material on
the Internet.
(b) Surveys of Provision of Software or Systems.--
(1) Surveys.--The Office of Juvenile Justice and
Delinquency Prevention of the Department of Justice and the
Federal Trade Commission shall jointly conduct surveys of the
extent to which Internet service providers are providing
computer software or systems described in subsection (a) to
their subscribers.
(2) Frequency.--The surveys required by paragraph (1) shall
be completed as follows:
(A) One shall be completed not later than one year after
the date of the enactment of this Act.
(B) One shall be completed not later than two years after
that date.
(C) One shall be completed not later than three years after
that date.
(c) Fees.--The fee, if any, charged and collected by an
Internet service provider for providing computer software or
a system described in subsection (a) to a residential
customer shall not exceed the amount equal to the cost of the
provider in providing the software or system to the
subscriber, including the cost of the software or system and
of any license required with respect to the software or
system.
(d) Applicability.--The requirement described in subsection
(a) shall become effective only if--
(1) 1 year after the date of the enactment of this Act, the
Office and the Commission determine as a result of the survey
completed by the deadline in subsection (b)(2)(A) that less
than 75 percent of the total number of residential
subscribers of Internet service providers as of such deadline
are provided computer software or systems described in
subsection (a) by such providers;
(2) 2 years after the date of the enactment of this Act,
the Office and the Commission determine as a result of the
survey completed by the deadline in subsection (b)(2)(B) that
less than 85 percent of the total number of residential
subscribers of Internet service providers as of such deadline
are provided such software or systems by such providers; or
(3) 3 years after the date of the enactment of this Act, if
the Office and the Commission determine as a result of the
survey completed by the deadline in subsection (b)(2)(C) that
less than 100 percent of the total number of residential
subscribers of Internet service providers as of such deadline
are provided such software or systems by such providers.
(e) Internet Service Provider Defined.--In this section,
the term ``Internet service provider'' means a service
provider as defined in section 512(k)(1)(A) of title 17,
United States Code, which has more than 50,000 subscribers.
SEC. 1605. APPLICATION OF SECTION 923 (J) AND (M).
Notwithstanding any other provision of this Act, section
923 of title 18, United States Code, as amended by this Act,
shall be applied by amending in subsections (j) and (m) the
following:
(1) In subsection (j) amend--
(A) paragraph (2) (A), (B) and (C) to read as follows:
``(A) In general.--A temporary location referred to in
paragraph (1) is a location for a gun show, or event in the
State specified on the license, at which firearms, firearms
accessories and related items may be bought, sold, traded,
and displayed, in accordance with Federal, State, and local
laws.
``(B) Locations out of state.--If the location is not in
the State specified on the license, a licensee may display
any firearm, and take orders for a firearm or effectuate the
transfer of a firearm, in accordance with this chapter,
including paragraph (7) of this subsection.
``(C) Qualified gun shows or events.--A gun show or an
event shall qualify as a temporary location if--
``(i) the gun show or event is one which is sponsored, for
profit or not, by an individual, national, State, or local
organization, association, or other entity to foster the
collecting, competitive use, sporting use, or any other legal
use of firearms; and
``(ii) the gun show or event has--
``(I) 20 percent or more firearm exhibitors out of all
exhibitors; or
``(II) 10 or more firearms exhibitors.''.
(B) paragraph (3)(C) to read as follows:
``(C) shall be retained at the premises specified on the
license.''; and
(C) paragraph (7) to read as follows:
``(7) No effect on other rights.--Nothing in this
subsection diminishes in any manner any right to display,
sell, or otherwise dispose of firearms or ammunition that is
in effect before the date of enactment of the Firearms
Owners' Protection Act, including the right of a licensee to
conduct firearms transfers and business away from their
business premises with another licensee without regard to
whether the location of the business is in the State
specified on the license of either licensee.''.
(2) In subsection (m), amend--
(A) paragraph (2)(E)(i) to read as follows:
``(i) In general.--A person not licensed under this section
who desires to transfer a firearm at a gun show in his State
of residence to another person who is a resident of the same
State, and not licensed under this section, shall only make
such a transfer through a licensee who can conduct an instant
background check at the gun show, or directly to the
prospective transferee if an instant background check is
first conducted by a special registrant at the gun show on
the prospective transferee. For any instant background check
conducted at a gun show, the time period stated in section
922(t)(1)(B)(ii) of this chapter shall be 24 hours in a
calendar day since the licensee contacted the system. If the
services of a special registrant are used to determine the
firearms eligibility of the prospective transferee to
possesses a firearm, the transferee shall provide the special
registrant at the gun show, on a special and limited-purpose
form that the Secretary shall prescribe for use by a special
registrant--
``(I) the name, age, address, and other identifying
information of the prospective transferee (or, in the case of
a prospective transferee that is a corporation or other
business entity, the identity and principal and local places
of business of the prospective transferee); and
``(II) proof of verification of the identity of the
prospective transferee as required by section
922(t)(1)(C).``; and
(B) paragraph (4) to read as follows:
``(4) Immunity.--
``(A) Definition.--In this paragraph:
``(i) In general.--The term `qualified civil liability
action' means a civil action brought by any person against a
person described in subparagraph (B) for damages resulting
from the criminal or unlawful misuse of the firearm by the
transferee or a third party.
``(ii) Exclusions.--The term `qualified civil liability
action' shall not include an action--
``(I) brought against a transferor convicted under section
924(h), or a comparable State felony law, by a person
directly harmed by the transferee's criminal conduct, as
defined in section 924(h); or
``(II) brought against a transferor for negligent
entrustment or negligence per se.
``(B) Immunity.--Notwithstanding any other provision of
law, a person who is--
``(i) a special registrant who performs a background check
in the manner prescribed in this subsection at a gun show;
``(ii) a licensee or special licensee who acquires a
firearm at a gun show from a nonlicensee, for transfer to
another nonlicensee in attendance at the gun show, for the
purpose of effectuating a sale, trade, or transfer between
the 2 nonlicensees, all in the manner prescribed for the
acquisition and disposition of a firearm under this chapter;
or
``(iii) a nonlicensee person disposing of a firearm who
uses the services of a person described in clause (i) or
(ii);
shall be entitled to immunity from civil liability action as
described in subparagraphs (C) and (D).
``(C) Prospective actions.--A qualified civil liability
action may not be brought in any Federal or State court.
``(D) Dismissal of pending actions.--A qualified civil
liability action that is pending on the date of enactment of
this subsection shall be dismissed immediately by the
court.''.
SEC. 1606. CONSTITUTIONALITY OF MEMORIAL SERVICES AND
MEMORIALS AT PUBLIC SCHOOLS.
(a) Findings.--The Congress of the United States finds that
the saying of a prayer, the reading of a scripture, or the
performance of religious music as part of a memorial service
that is held on the campus of a public school in order to
honor the memory of any person slain on that campus does not
violate the First Amendment to the Constitution of the United
States, and that the design and construction of any memorial
that is placed on the campus of a public school in order to
honor the memory of any person slain on that campus a part of
which includes religious symbols, motifs, or sayings does not
[[Page S6136]]
violate the First Amendment to the Constitution of the United
States.
(b) Lawsuits.--In any lawsuit claiming that the type of
memorial or memorial service described in subsection (a)
violates the Constitution of the United States--
(1) each party shall pay its own attorney's fees and costs,
notwithstanding any other provision of law, and
(2) the Attorney General of the United States is authorized
to provide legal assistance to the school district or other
governmental entity that is defending the legality of such
memorial service.
SEC. 1607. TWENTY-FIRST AMENDMENT ENFORCEMENT.
(a) Shipment of Intoxicating Liquor Into State in Violation
of State Law.--The Act entitled ``An Act divesting
intoxicating liquors of their interstate character in certain
cases'', approved March 1, 1913 (commonly known as the
``Webb-Kenyon Act'') (27 U.S.C. 122) is amended by adding at
the end the following:
``SEC. 2. INJUNCTIVE RELIEF IN FEDERAL DISTRICT COURT.
``(a) Definitions.--In this section--
``(1) the term `attorney general' means the attorney
general or other chief law enforcement officer of a State, or
the designee thereof;
``(2) the term `intoxicating liquor' means any spirituous,
vinous, malted, fermented, or other intoxicating liquor of
any kind;
``(3) the term `person' means any individual and any
partnership, corporation, company, firm, society,
association, joint stock company, trust, or other entity
capable of holding a legal or beneficial interest in
property, but does not include a State or agency thereof; and
``(4) the term `State' means any State of the United
States, the District of Columbia, the Commonwealth of Puerto
Rico, or any territory or possession of the United States.
``(b) Action by State Attorney General.--If the attorney
general of a State has reasonable cause to believe that a
person is engaged in, is about to engage in, or has engaged
in, any act that would constitute a violation of a State law
regulating the importation or transportation of any
intoxicating liquor, the attorney general may bring a civil
action in accordance with this section for injunctive relief
(including a preliminary or permanent injunction or other
order) against the person, as the attorney general determines
to be necessary to--
``(1) restrain the person from engaging, or continuing to
engage, in the violation; and
``(2) enforce compliance with the State law.
``(c) Federal Jurisdiction.--
``(1) In general.--The district courts of the United States
shall have jurisdiction over any action brought under this
section.
``(2) Venue.--An action under this section may be brought
only in accordance with section 1391 of title 28, United
States Code.
``(d) Requirements for Injunctions and Orders.--
``(1) In general.--In any action brought under this
section, upon a proper showing by the attorney general of the
State, the court shall issue a preliminary or permanent
injunction or other order without requiring the posting of a
bond.
``(2) Notice.--No preliminary or permanent injunction or
other order may be issued under paragraph (1) without notice
to the adverse party.
``(3) Form and scope of order.--Any preliminary or
permanent injunction or other order entered in an action
brought under this section shall--
``(A) set forth the reasons for the issuance of the order;
``(B) be specific in terms;
``(C) describe in reasonable detail, and not by reference
to the complaint or other document, the act or acts to be
restrained; and
``(D) be binding only upon--
``(i) the parties to the action and the officers, agents,
employees, and attorneys of those parties; and
``(ii) persons in active cooperation or participation with
the parties to the action who receive actual notice of the
order by personal service or otherwise.
``(e) Consolidation of Hearing With Trial On Merits.--
``(1) In general.--Before or after the commencement of a
hearing on an application for a preliminary or permanent
injunction or other order under this section, the court may
order the trial of the action on the merits to be advanced
and consolidated with the hearing on the application.
``(2) Admissibility of evidence.--If the court does not
order the consolidation of a trial on the merits with a
hearing on an application described in paragraph (1), any
evidence received upon an application for a preliminary or
permanent injunction or other order that would be admissible
at the trial on the merits shall become part of the record of
the trial and shall not be required to be received again at
the trial.
``(f) No Right to Trial by Jury.--An action brought under
this section shall be tried before the court.
``(g) Additional Remedies.--
``(1) In general.--A remedy under this section is in
addition to any other remedies provided by law.
``(2) State court proceedings.--Nothing in this section may
be construed to prohibit an authorized State official from
proceeding in State court on the basis of an alleged
violation of any State law.''.
SEC. 1608. INTERSTATE SHIPMENT AND DELIVERY OF INTOXICATING
LIQUORS.
Chapter 59 of title 18, United States Code, is amended--
(1) in section 1263--
(A) by inserting ``a label on the shipping container that
clearly and prominently identifies the contents as alcoholic
beverages, and a'' after ``accompanied by''; and
(B) by inserting ``and requiring upon delivery the
signature of a person who has attained the age for the lawful
purchase of intoxicating liquor in the State in which the
delivery is made,'' after ``contained therein,''; and
(2) in section 1264, by inserting ``or to any person other
than a person who has attained the age for the lawful
purchase of intoxicating liquor in the State in which the
delivery is made,'' after ``consignee,''.
SEC. 1609. DISCLAIMER ON MATERIALS PRODUCED, PROCURED OR
DISTRIBUTED FROM FUNDING AUTHORIZED BY THIS
ACT.
(a) All materials produced, procured, or distributed, in
whole or in part, as a result of Federal funding authorized
under this Act for expenditure by Federal, State or local
governmental recipients or other nongovernmental entities
shall have printed thereon the following language:
``This material has been printed, procured or distributed, in
whole or in part, at the expense of the Federal Government.
Any person who objects to the accuracy of the material, to
the completeness of the material, or to the representations
made within the material, including objections related to
this material's characterization of religious beliefs, are
encouraged to direct their comments to the office of the
Attorney General of the United States.''.
(b) All materials produced, procured, or distributed using
funds authorized under this Act shall have printed thereon,
in addition to the language contained in paragraph (a), a
complete address for an office designated by the Attorney
General to receive comments from members of the public.
(c) The office designated under paragraph (b) by the
Attorney General to receive comments shall, every six months,
prepare an accurate summary of all comments received by the
office. This summary shall include details about the number
of comments received and the specific nature of the concerns
raised within the comments, and shall be provided to the
Chairmen of the Senate and House Judiciary Committees, the
Senate and House Education Committees, the Majority and
Minority Leaders of the Senate, and the Speaker and Minority
Leader of the House of Representatives. Further, the comments
received shall be retained by the office and shall be made
available to any member of the general public upon request.
SEC. 1610. AIMEE'S LAW.
(a) Short Title.--This section may be cited as ``Aimee's
Law''.
(b) Definitions.--In this section:
(1) Dangerous sexual offense.--The term ``dangerous sexual
offense'' means sexual abuse or sexually explicit conduct
committed by an individual who has attained the age of 18
years against an individual who has not attained the age of
14 years.
(2) Murder.--The term ``murder'' has the meaning given the
term under applicable State law.
(3) Rape.--The term ``rape'' has the meaning given the term
under applicable State law.
(4) Sexual abuse.--The term ``sexual abuse'' has the
meaning given the term under applicable State law.
(5) Sexually explicit conduct.--The term ``sexually
explicit conduct'' has the meaning given the term under
applicable State law.
(c) Reimbursement to States for Crimes Committed By Certain
Released Felons.--
(1) Penalty.--
(A) Single state.--In any case in which a State convicts an
individual of murder, rape, or a dangerous sexual offense,
who has a prior conviction for any 1 of those offenses in a
State described in subparagraph (C), the Attorney General
shall transfer an amount equal to the costs of incarceration,
prosecution, and apprehension of that individual, from
Federal law enforcement assistance funds that have been
allocated to but not distributed to the State that convicted
the individual of the prior offense, to the State account
that collects Federal law enforcement assistance funds of the
State that convicted that individual of the subsequent
offense.
(B) Multiple states.--In any case in which a State convicts
an individual of murder, rape, or a dangerous sexual offense,
who has a prior conviction for any 1 or more of those
offenses in more than 1 other State described in subparagraph
(C), the Attorney General shall transfer an amount equal to
the costs of incarceration, prosecution, and apprehension of
that individual, from Federal law enforcement assistance
funds that have been allocated to but not distributed to each
State that convicted such individual of the prior offense, to
the State account that collects Federal law enforcement
assistance funds of the State that convicted that individual
of the subsequent offense.
(C) State described.--A State is described in this
subparagraph if--
(i) the State has not adopted Federal truth-in-sentencing
guidelines under section 20104 of the Violent Crime Control
and Law Enforcement Act of 1994 (42 U.S.C. 13704);
(ii) the average term of imprisonment imposed by the State
on individuals convicted
[[Page S6137]]
of the offense for which the individual described in
subparagraph (A) or (B), as applicable, was convicted by the
State is less than 10 percent above the average term of
imprisonment imposed for that offense in all States; or
(iii) with respect to the individual described in
subparagraph (A) or (B), as applicable, the individual had
served less than 85 percent of the term of imprisonment to
which that individual was sentenced for the prior offense.
(2) State applications.--In order to receive an amount
transferred under paragraph (1), the chief executive of a
State shall submit to the Attorney General an application, in
such form and containing such information as the Attorney
General may reasonably require, which shall include a
certification that the State has convicted an individual of
murder, rape, or a dangerous sexual offense, who has a prior
conviction for 1 of those offenses in another State.
(3) Source of funds.--Any amount transferred under
paragraph (1) shall be derived by reducing the amount of
Federal law enforcement assistance funds received by the
State that convicted such individual of the prior offense
before the distribution of the funds to the State. The
Attorney General, in consultation with the chief executive of
the State that convicted such individual of the prior
offense, shall establish a payment schedule.
(4) Construction.--Nothing in this subsection may be
construed to diminish or otherwise affect any court ordered
restitution.
(5) Exception.--This subsection does not apply if the
individual convicted of murder, rape, or a dangerous sexual
offense has been released from prison upon the reversal of a
conviction for an offense described in paragraph (1) and
subsequently been convicted for an offense described in
paragraph (1).
(d) Collection of Recidivism Data.--
(1) In general.--Beginning with calendar year 1999, and
each calendar year thereafter, the Attorney General shall
collect and maintain information relating to, with respect to
each State--
(A) the number of convictions during that calendar year for
murder, rape, and any sex offense in the State in which, at
the time of the offense, the victim had not attained the age
of 14 years and the offender had attained the age of 18
years; and
(B) the number of convictions described in subparagraph (A)
that constitute second or subsequent convictions of the
defendant of an offense described in that subparagraph.
(2) Report.--Not later than March 1, 2000, and on March 1
of each year thereafter, the Attorney General shall submit to
Congress a report, which shall include--
(A) the information collected under paragraph (1) with
respect to each State during the preceding calendar year; and
(B) the percentage of cases in each State in which an
individual convicted of an offense described in paragraph
(1)(A) was previously convicted of another such offense in
another State during the preceding calendar year.
SEC. 1611. DRUG TESTS AND LOCKER INSPECTIONS.
(a) Short Title.--This section may be cited as the ``School
Violence Prevention Act''.
(b) Amendment.--Section 4116(b) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7116(b)) is
amended--
(1) in paragraph (9), by striking ``and'' after the
semicolon;
(2) by redesignating paragraph (10) as paragraph (11); and
(3) by inserting after paragraph (9) the following:
``(10) consistent with the fourth amendment to the
Constitution of the United States, testing a student for
illegal drug use or inspecting a student's locker for guns,
explosives, other weapons, or illegal drugs, including at the
request of or with the consent of a parent or legal guardian
of the student, if the local educational agency elects to so
test or inspect; and''.
SEC. 1612. WAIVER FOR LOCAL MATCH REQUIREMENT UNDER COMMUNITY
POLICING PROGRAM.
Section 1701(i) of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796dd(i)) is amended by
adding at the end of the first sentence the following:
``The Attorney General shall waive the requirement under this
subsection of a non-Federal contribution to the costs of a
program, project, or activity that hires law enforcement
officers for placement in public schools by a jurisdiction
that demonstrates financial need or hardship.''.
SEC. 1613. CARJACKING OFFENSES.
Section 2119 of title 18, United States Code, is amended by
striking ``, with the intent to cause death or serious bodily
harm''.
SEC. 1614. SPECIAL FORFEITURE OF COLLATERAL PROFITS OF CRIME.
Section 3681 of title 18, United States Code, is amended by
striking subsection (a) and inserting the following:
``(a) In General.--
``(1) Forfeiture of proceeds.--Upon the motion of the
United States attorney made at any time after conviction of a
defendant for an offense described in paragraph (2), and
after notice to any interested party, the court shall order
the defendant to forfeit all or any part of proceeds received
or to be received by the defendant, or a transferee of the
defendant, from a contract relating to the transfer of a
right or interest of the defendant in any property described
in paragraph (3), if the court determines that--
``(A) the interests of justice or an order of restitution
under this title so require;
``(B) the proceeds (or part thereof) to be forfeited
reflect the enhanced value of the property attributable to
the offense; and
``(C) with respect to a defendant convicted of an offense
against a State--
``(i) the property at issue, or the proceeds to be
forfeited, have travelled in interstate or foreign commerce
or were derived through the use of an instrumentality of
interstate or foreign commerce; and
``(ii) the attorney general of the State has declined to
initiate a forfeiture action with respect to the proceeds to
be forfeited.
``(2) Offenses described.--An offense is described in this
paragraph if it is--
``(A) an offense under section 794 of this title;
``(B) a felony offense against the United States or any
State; or
``(C) a misdemeanor offense against the United States or
any State resulting in physical harm to any individual.
``(3) Property described.--Property is described in this
paragraph if it is any property, tangible or intangible,
including any--
``(A) evidence of the offense;
``(B) instrument of the offense, including any vehicle used
in the commission of the offense;
``(C) real estate where the offense was committed;
``(D) document relating to the offense;
``(E) photograph or audio or video recording relating to
the offense;
``(F) clothing, jewelry, furniture, or other personal
property relating to the offense;
``(G) movie, book, newspaper, magazine, radio or television
production, or live entertainment of any kind depicting the
offense or otherwise relating to the offense;
``(H) expression of the thoughts, opinions, or emotions of
the defendant regarding the offense; or
``(I) other property relating to the offense.''.
SEC. 1615. CALLER IDENTIFICATION SERVICES TO ELEMENTARY AND
SECONDARY SCHOOLS AS PART OF UNIVERSAL SERVICE
OBLIGATION.
(a) Clarification.--Section 254(h)(1)(B) of the
Communications Act of 1934 (47 U.S.C. 254(h)(1)(B)) is
amended by inserting after ``under subsection (c)(3),'' the
following: ``including caller identification services with
respect to elementary and secondary schools,''.
(b) Outreach.--The Federal Communications Commission shall
take appropriate actions to notify elementary and secondary
schools throughout the United States of--
(1) the availability of caller identification services as
part of the services that are within the definition of
universal service under section 254(h)(1)(B) of the
Communications Act of 1934; and
(2) the procedures to be used by such schools in applying
for such services under that section.
SEC. 1616. PARENT LEADERSHIP MODEL.
(a) In General.--The Administrator of the Office of
Juvenile Crime Control and Prevention is authorized to make a
grant to a national organization to provide training,
technical assistance, best practice strategies, program
materials and other necessary support for a mutual support,
parental leadership model proven to prevent child abuse and
juvenile delinquency.
(b) Authorization.--There are authorized to be appropriated
out of the Violent Crime Trust Fund, $3,000,000.
SEC. 1617. NATIONAL MEDIA CAMPAIGN AGAINST VIOLENCE.
There is authorized to be appropriated to the National
Crime Prevention Council not to exceed $25,000,000, to be
expended without fiscal-year limitation, for a 2-year
national media campaign, to be conducted in consultation with
national, statewide or community based youth organizations,
Boys and Girls Clubs of America, and to be targeted to
parents (and other caregivers) and to youth, to reduce and
prevent violent criminal behavior by young Americans:
Provided, That none of such funds may be used--(1) to
propose, influence, favor, or oppose any change in any
statute, rule, regulation, treaty, or other provision of law;
(2) for any partisan political purpose; (3) to feature any
elected officials, persons seeking elected office, cabinet-
level officials, or Federal officials employed pursuant to
Schedule C of title 5, Code of Federal Regulations, section
213; or (4) in any way that otherwise would violate section
1913 of title 18 of the United States Code: Provided further,
That, for purposes hereof, ``violent criminal behavior by
young Americans'' means behavior, by minors residing in the
United States (or in any jurisdiction under the sovereign
jurisdiction thereof), that both is illegal under Federal,
State, or local law, and involves acts or threats of physical
violence, physical injury, or physical harm: Provided
further, That not to exceed 10 percent of the funds
appropriated pursuant to this authorization shall be used to
commission an objective accounting, from a licensed and
certified public accountant, using generally-accepted
accounting principles, of the funds appropriated pursuant to
this authorization and of any other funds or in-kind
donations spent or used in the campaign, and an objective
evaluation both of the impact and cost-effectiveness of the
campaign and of the campaign-related activities of the
Council and the Clubs, which accounting and evaluation shall
be submitted by the Council to the Committees on
Appropriations and the Judiciary of each House of Congress by
not later than 9 months after the conclusion of the campaign.
[[Page S6138]]
SEC. 1618. VICTIMS OF TERRORISM.
(a) In General.--Section 1404B of the Victims of Crime Act
of 1984 (42 U.S.C. 10603b) is amended to read as follows:
``SEC. 1404B. COMPENSATION AND ASSISTANCE TO VICTIMS OF
TERRORISM OR MASS VIOLENCE.
``(a) Definitions.--In this section--
``(1) the term `eligible crime victim compensation program'
means a program that meets the requirements of section
1402(b);
``(2) the term `eligible crime victim assistance program'
means a program that meets the requirements of section
1404(b);
``(3) the term `public agency' includes any Federal, State,
or local government or nonprofit organization; and
``(4) the term `victim'--
``(A) means an individual who is citizen or employee of the
United States, and who is injured or killed as a result of a
terrorist act or mass violence, whether occurring within or
outside the United States; and
``(B) includes, in the case of an individual described in
subparagraph (A) who is deceased, the family members of the
individual.
``(b) Grants Authorized.--The Director may make grants, as
provided in either section 1402(d)(4)(B) or 1404--
``(1) to States, which shall be used for eligible crime
victim compensation programs and eligible crime victim
assistance programs for the benefit of victims; and
``(2) to victim service organizations, and public agencies
that provide emergency or ongoing assistance to victims of
crime, which shall be used to provide, for the benefit of
victims--
``(A) emergency relief (including compensation, assistance,
and crisis response) and other related victim services; and
``(B) training and technical assistance for victim service
providers.
``(c) Rule of Construction.--Nothing in this section may be
construed to supplant any compensation available under title
VIII of the Omnibus Diplomatic Security and Antiterrorism Act
of 1986.''.
(b) Applicability.--The amendment made by this section
applies to any terrorist act or mass violence occurring on or
after December 20, 1988, with respect to which an
investigation or prosecution was ongoing after April 24,
1996.
SEC. 1619. TRUTH-IN-SENTENCING INCENTIVE GRANTS.
(a) Qualification Date.--Section 20104 of the Violent Crime
Control and Law Enforcement Act of 1994 (42 U.S.C.
13704(a)(3)) is amended by striking ``on April 26, 1996'' and
inserting ``on or after April 26, 1996.''
(b) Minimum Amount.--Section 20106 of the Violent Crime
Control and Law Enforcement Act of 1994 (42 U.S.C. 13706) is
amended by striking subsection (b) and inserting the
following:
``(b) Formula Allocation.--The amount made available to
carry out this section for any fiscal year under section
20104 shall be allocated as follows:
``(1) .75 percent shall be allocated to each State that
meets the requirements of section 20104, except that the
United States Virgin Islands, America Samoa, Guam, and the
Northern Mariana Islands each shall be allocated 0.05
percent; and
``(2) The amount remaining after the application of
paragraph (1) shall be allocated to each State that meets the
requirements of section 20104 in the ratio that the average
annual number of part 1 violent crimes reported by that State
to the Federal Bureau of Investigation for the 3 years
preceding the year in which the determination is made bears
to the average annual number of part 1 violent crimes
reported by States that meet the requirements of section
20104 to the Federal Bureau of Investigation for the 3 years
preceding the year in which the determination is made, except
that a State may not receive more than 25 percent of the
total amount available for such grants.''.
SEC. 1620. APPLICATION OF PROVISION RELATING TO A SENTENCE OF
DEATH FOR AN ACT OF ANIMAL ENTERPRISE
TERRORISM.
Section 3591 of title 18, United States Code (relating to
circumstances under which a defendant may be sentenced to
death), shall apply to sentencing for a violation of section
43 of title 18, United States Code, as amended by this Act to
include the death penalty as a possible punishment.
SEC. 1621. PROHIBITIONS RELATING TO EXPLOSIVE MATERIALS.
(a) Prohibition of Sale, Delivery, or Transfer of Explosive
Materials to Certain Individuals.--Section 842 of title 18,
United States Code, is amended by striking subsection (d) and
inserting the following:
``(d) Prohibition of Sale, Delivery, or Transfer of
Explosive Materials to Certain Individuals.--It shall be
unlawful for any licensee to knowingly sell, deliver, or
transfer any explosive materials to any individual who--
``(1) is less than 21 years of age;
``(2) is under indictment for, or has been convicted in any
court of, a crime punishable by imprisonment for a term
exceeding 1 year;
``(3) is a fugitive from justice;
``(4) is an unlawful user of or addicted to any controlled
substance (as defined in section 102 of the Controlled
Substances Act (21 U.S.C. 802));
``(5) has been adjudicated as a mental defective or has
been committed to any mental institution;
``(6) being an alien--
``(A) is illegally or unlawfully in the United States; or
``(B) except as provided in section 845(d), has been
admitted to the United States under a nonimmigrant visa (as
that term is defined in section 101(a)(26) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(26));
``(7) has been discharged from the Armed Forces under
dishonorable conditions;
``(8) having been a citizen of the United States, has
renounced his citizenship;
``(9) is subject to a court order that 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, except that this paragraph shall only apply
to a court order that--
``(A) was issued after a hearing of which such person
received actual notice, and at which such person had the
opportunity to participate; and
``(B)(i) includes a finding that such person represents a
credible threat to the physical safety of such intimate
partner or child; and
``(ii) by its terms explicitly prohibits the use, attempted
use, or threatened use of physical force against such
intimate partner or child that would reasonably be expected
to cause bodily injury; or
``(10) has been convicted in any court of a misdemeanor
crime of domestic violence.''.
(b) Prohibition on Shipping, Transporting, Possession, or
Receipt of Explosives by Certain Individuals.--Section 842 of
title 18, United States Code, is amended by striking
subsection (i) and inserting the following:
``(i) Prohibition on Shipping, Transporting, Possession, or
Receipt of Explosives by Certain Individuals.--It shall be
unlawful for any person to ship or transport in interstate or
foreign commerce, or possess, in or affecting commerce, any
explosive, or to receive any explosive that has been shipped
or transported in interstate or foreign commerce, if that
person--
``(1) is less than 21 years of age;
``(2) has been convicted in any court, of a crime
punishable by imprisonment for a term exceeding 1 year;
``(3) is a fugitive from justice;
``(4) is an unlawful user of or addicted to any controlled
substance (as defined in section 102 of the Controlled
Substances Act (21 U.S.C. 802));
``(5) has been adjudicated as a mental defective or who has
been committed to a mental institution;
``(6) being an alien--
``(A) is illegally or unlawfully in the United States; or
``(B) except as provided in section 845(d), has been
admitted to the United States under a nonimmigrant visa (as
that term is defined in section 101(a)(26) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(26));
``(7) has been discharged from the Armed Forces under
dishonorable conditions;
``(8) having been a citizen of the United States, has
renounced his citizenship; or
``(9) 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 safety of such intimate
partner or child; and
``(ii) by its terms explicitly prohibits the use, attempted
use, or threatened use of physical force against such
intimate partner or child that would reasonably be expected
to cause bodily injury; or
``(10) has been convicted in any court of a misdemeanor
crime of domestic violence.''.
(c) Exceptions and Waiver for Certain Individuals.--Section
845 of title 18, United States Code, is amended by adding at
the end the following:
``(d) Exceptions and Waiver for Certain Individuals.--
``(1) Definitions.--In this subsection--
``(A) the term `alien' has the same meaning as in section
101(a)(3) of the Immigration and Nationality 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 Immigration and Nationality Act
(8 U.S.C. 1101(a)(26)).
``(2) Exceptions.--Subsections (d)(5)(B) and (i)(5)(B) of
section 842 do not apply to any alien who has been lawfully
admitted to the United States pursuant to a nonimmigrant
visa, if that alien is--
``(A) admitted to the United States for lawful hunting or
sporting purposes;
``(B) a foreign military personnel on official assignment
to the United States;
``(C) an official of a foreign government or a
distinguished foreign visitor who has been so designated by
the Department of State; or
``(D) a foreign law enforcement officer of a friendly
foreign government entering the United States on official law
enforcement business.
``(3) Waiver.--
``(A) In general.--Any individual who has been admitted to
the United States under a nonimmigrant visa and who is not
described in paragraph (2), may receive a waiver from
[[Page S6139]]
the applicability of subsection (d)(5)(B) or (i)(5)(B) of
section 842, if--
``(i) the individual submits to the Attorney General a
petition that meets the requirements of subparagraph (B); and
``(ii) the Attorney General approves the petition.
``(B) Petitions.--Each petition under subparagraph (A)(i)
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 petition is submitted under
this paragraph; and
``(ii) include a written statement from the embassy or
consulate of the petitioner, authorizing the petitioner to
engage in any activity prohibited under subsection (d) or (i)
of section 842, as applicable, and certifying that the
petitioner would not otherwise be prohibited from engaging in
that activity under subsection (d) or (i) of section 842, as
applicable.''.
SEC. 1622. DISTRICT JUDGES FOR DISTRICTS IN THE STATES OF
ARIZONA, FLORIDA, AND NEVADA.
(a) Short Title.--This section may be cited as the
``Emergency Federal Judgeship Act of 1999''.
(b) In General.--The President shall appoint, by and with
the advice and consent of the Senate--
(1) 3 additional district judges for the district of
Arizona;
(2) 4 additional district judges for the middle district of
Florida; and
(3) 2 additional district judges for the district of
Nevada.
(c) Tables.--In order that the table contained in section
133 of title 28, United States Code, will reflect the changes
in the total number of permanent district judgeships
authorized as a result of subsection (a) of this section--
(1) the item relating to Arizona in such table is amended
to read as follows:
``Arizona.....................................................11'';....
(2) the item relating to Florida in such table is amended
to read as follows:
``Florida:
Northern.....................................................4 ....
Middle......................................................15 ....
Southern..................................................16'';....
and
(3) the item relating to Nevada in such table is amended to
read as follows:
``Nevada.......................................................6''.....
(d) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
the provisions of this section, including such sums as may be
necessary to provide appropriate space and facilities for the
judicial positions created by this section.
SEC. 1623. 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 section 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 1 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.
(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 Office of
Behavioral and Social Sciences Research deems appropriate.
(c) Role of the Office of Behavioral and Social 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 conducted 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 research institutes, and
develop such projects in cooperation with such institutes and
in consultation with State and Federal law enforcement
agencies;
(3) take steps to further cooperation and collaboration
between the National Institutes of Health and the Centers for
Disease Control and Prevention, the Substance Abuse and
Mental Health Services Administration, the agencies of the
Department of Justice, and other governmental and
nongovernmental agencies with respect to youth violence
research conducted or supported by such agencies;
(4) establish a clearinghouse for information about youth
violence research conducted by governmental and
nongovernmental entities; and
(5) periodically report to Congress on the state of youth
violence research and make recommendations to Congress
regarding such research.
(d) Funding.--There is authorized to be appropriated,
$5,000,000 for each of fiscal years 2000 through 2004 to
carry out this section. If amount are not separately
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.
SEC. 1624. SENSE OF THE SENATE REGARDING MENTORING PROGRAMS.
(a) Findings.--The Senate finds that--
(1) the well-being of all people of the United States is
preserved and enhanced when young people are given the
guidance they need to live healthy and productive lives;
(2) adult mentors can play an important role in ensuring
that young people become healthy, productive, successful
members of society;
(3) at-risk young people with mentors are 46 percent less
likely to begin using illegal drugs than at-risk young people
without mentors;
(4) at-risk young people with mentors are 27 percent less
likely to begin using alcohol than at-risk young people
without mentors;
(5) at-risk young people with mentors are 53 percent less
likely to skip school than at-risk young people without
mentors;
(6) at-risk young people with mentors are 33 percent less
likely to hit someone than at-risk young people without
mentors;
(7) 73 percent of students with mentors report that their
mentors helped raise their goals and expectations; and
(8) there are many employees of the Federal Government who
would like to serve as youth or family mentors but are unable
to leave their jobs to participate in mentoring programs.
(b) Sense of the Senate.--It is the sense of the Senate
that the President should issue an Executive Order allowing
all employees of the Federal Government to use a maximum of 1
hour each week of excused absence or administrative leave to
serve as mentors in youth or family mentoring programs.
SEC. 1625. FAMILIES AND SCHOOLS TOGETHER PROGRAM.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Office of Juvenile Justice and
Delinquency in the Department of Justice.
(2) Fast program.--The term ``FAST program'' means a
program that addresses the urgent social problems of youth
violence and chronic juvenile delinquency by building and
enhancing juveniles' relationships with their families,
peers, teachers, school staff, and other members of the
community by bringing together parents, schools, and
communities to help--
(A) at-risk children identified by their teachers to
succeed;
(B) enhance the functioning of families with at-risk
children;
(C) prevent alcohol and other drug abuse in the family; and
(D) reduce the stress that their families experience from
daily life.
(b) Authorization.--In consultation with the Attorney
General, the Secretary of Education, and the Secretary of the
Department of Health and Human Services, the Administrator
shall carry out a Family and Schools Together program to
promote FAST programs.
(c) Regulations.--Not later than 60 days after the date of
enactment of this Act, the Administrator, in consultation
with the Attorney General, the Secretary of Education, and
the Secretary of the Department of Health and Human Services
shall develop regulations governing the distribution of the
funds for FAST programs.
(d) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out this section $9,000,000 for each of the fiscal
years 2000 through 2004.
(2) Allocation.--Of amounts appropriated under paragraph
(1)--
(A) 83.33 percent shall be available for the implementation
of local FAST programs; and
(B) 16.67 percent shall be available for research and
evaluation of FAST programs.
SEC. 1626. AMENDMENTS RELATING TO VIOLENT CRIME IN INDIAN
COUNTRY AND AREAS OF EXCLUSIVE FEDERAL
JURISDICTION.
(a) Assaults With Maritime and Territorial Jurisdiction.--
Section 113(a)(3) of title 18, United States Code, is amended
by striking ``with intent to do bodily harm, and''.
(b) Offenses Committed Within Indian Country.--Section 1153
of title 18, United States Code, is amended--
(1) in subsection (a), by inserting ``an offense for which
the maximum statutory term of imprisonment under section 1363
is greater than 5 years,'' after ``a felony under chapter
109A,''; and
(2) by adding at the end the following:
``(c) Nothing in this section shall limit the inherent
power of an Indian tribe to exercise criminal jurisdiction
over any Indian with respect to any offense committed within
Indian country, subject to the limitations on punishment
under section 202(7) of the Civil Rights Act of 1968 (25
U.S.C. 1302(7)).''.
(c) Racketeering Activity.--Section 1961(1)(A) of title 18,
United States Code, is amended by inserting ``(or would have
been so chargeable except that the act or threat was
committed in Indian country, as defined
[[Page S6140]]
in section 1151, or in any other area of exclusive Federal
jurisdiction)'' after ``chargeable under State law''.
(d) Manslaughter Within the Special Maritime and
Territorial Jurisdiction of the United States.--Section
1112(b) of title 18, United States Code, is amended by
striking ``ten years'' and inserting ``20 years''.
(e) Embezzlement and Theft From Indian Tribal
Organizations.--The second undesignated paragraph of section
1163 of title 18, United States Code, is amended by striking
``so embezzled,'' and inserting ``embezzled,''.
SEC. 1627. FEDERAL JUDICIARY PROTECTION ACT OF 1999.
(a) Short Title.--This section may be cited as the
``Federal Judiciary Protection Act of 1999''.
(b) Assaulting, Resisting, or Impeding Certain Officers or
Employees.--Section 111 of title 18, United States Code, is
amended--
(1) in subsection (a), by striking ``three'' and inserting
``8''; and
(2) in subsection (b), by striking ``ten'' and inserting
``20''.
(c) Influencing, Impeding, or Retaliating Against a Federal
Official by Threatening or Injuring a Family Member.--Section
115(b)(4) of title 18, United States Code, is amended--
(1) by striking ``five'' and inserting ``10''; and
(2) by striking ``three'' and inserting ``6''.
(d) Mailing Threatening Communications.--Section 876 of
title 18, United States Code, is amended--
(1) by designating the first 4 undesignated paragraphs as
subsections (a) through (d), respectively;
(2) in subsection (c), as so designated, by adding at the
end the following: ``If such a communication is addressed to
a United States judge, a Federal law enforcement officer, or
an official who is covered by section 1114, the individual
shall be fined under this title, imprisoned not more than 10
years, or both.''; and
(3) in subsection (d), as so designated, by adding at the
end the following: ``If such a communication is addressed to
a United States judge, a Federal law enforcement officer, or
an official who is covered by section 1114, the individual
shall be fined under this title, imprisoned not more than 10
years, or both.''.
(e) Amendment of the Sentencing Guidelines for Assaults and
Threats Against Federal Judges and Certain Other Federal
Officials and Employees.--
(1) In general.--Pursuant to its authority under section
994 of title 28, United States Code, the United States
Sentencing Commission shall review and amend the Federal
sentencing guidelines and the policy statements of the
Commission, if appropriate, to provide an appropriate
sentencing enhancement for offenses involving influencing,
assaulting, resisting, impeding, retaliating against, or
threatening a Federal judge, magistrate judge, or any other
official described in section 111 or 115 of title 18, United
States Code.
(2) Factors for consideration.--In carrying out this
section, the United States Sentencing Commission shall
consider, with respect to each offense described in paragraph
(1)--
(A) any expression of congressional intent regarding the
appropriate penalties for the offense;
(B) the range of conduct covered by the offense;
(C) the existing sentences for the offense;
(D) the extent to which sentencing enhancements within the
Federal sentencing guidelines and the court's authority to
impose a sentence in excess of the applicable guideline range
are adequate to ensure punishment at or near the maximum
penalty for the most egregious conduct covered by the
offense;
(E) the extent to which Federal sentencing guideline
sentences for the offense have been constrained by statutory
maximum penalties;
(F) the extent to which Federal sentencing guidelines for
the offense adequately achieve the purposes of sentencing as
set forth in section 3553(a)(2) of title 18, United States
Code;
(G) the relationship of Federal sentencing guidelines for
the offense to the Federal sentencing guidelines for other
offenses of comparable seriousness; and
(H) any other factors that the Commission considers to be
appropriate.
SEC. 1628. LOCAL ENFORCEMENT OF LOCAL ALCOHOL PROHIBITIONS
THAT REDUCE JUVENILE CRIME IN REMOTE ALASKA
VILLAGES.
(a) Congressional Findings.--The Congress finds the
following:
(1) Villages in remote areas of Alaska lack local law
enforcement due to the absence of a tax base to support such
services and to small populations that do not secure
sufficient funds under existing State and Federal grant
program formulas.
(2) State troopers are often unable to respond to reports
of violence in remote villages if there is inclement weather,
and often only respond in reported felony cases.
(3) Studies conclude that alcohol consumption is strongly
linked to the commission of violent crimes in remote Alaska
villages and that youth are particularly susceptible to
developing chronic criminal behaviors associated with alcohol
in the absence of early intervention.
(4) Many remote villages have sought to limit the
introduction of alcohol into their communities as a means of
early intervention and to reduce criminal conduct among
juveniles.
(5) In many remote villages, there is no person with the
authority to enforce these local alcohol restrictions in a
manner consistent with judicical standards of due process
required under the State and Federal constitutions.
(6) Remote Alaska villages are experiencing a marked
increase in births and the number of juveniles residing in
villages is expected to increase dramatically in the next 5
years.
(7) Adoption of alcohol prohibitions by voters in remote
villages represents a community-based effort to reduce
juvenile crime, but this local policy choice requires local
law enforcement to be effective.
(b) Grant of Federal Funds.--(1) The Attorney General is
authorized to provide to the State of Alaska funds for State
law enforcement, judicial infrastructure and other costs
necessary in remote villages to implement the prohibitions on
the sale, importation and possession of alcohol adopted
pursuant to State local option statutes.
(2) Funds provided to the State of Alaska under this
section shall be in addition to and shall not disqualify the
State, local governments, or Indian tribes (as that term is
defined in section 4(e) of the Indian Self-Determination and
Education Assistance Act (P.L. 93-638, as amended; 25 U.S.C.
450b(e) (1998)) from Federal funds available under other
authority.
(c) Authorization of Appropriations.--
(1) In General.--There are authorized to be appropriated to
carry out this section--
(A) $15,000,000 for fiscal year 2000;
(B) $17,000,000 for fiscal year 2001;
(C) $18,000,000 for fiscal year 2002.
(2) Source of sums.--Amounts authorized to be appropriated
under this subsection may be derived from the Violent Crime
Reduction Trust Fund.
SEC. 1629. RULE OF CONSTRUCTION.
Nothing in this Act may be construed to create, expand or
diminish or in any way affect the jurisdiction of an Indian
tribe in the State of Alaska.
SEC. 1630. BOUNTY HUNTER ACCOUNTABILITY AND QUALITY
ASSISTANCE.
(a) Findings.--Congress finds that--
(1) bounty hunters, also known as bail enforcement officers
or recovery agents, provide law enforcement officers and the
courts with valuable assistance in recovering fugitives from
justice;
(2) regardless of the differences in their duties, skills,
and responsibilities, the public has had difficulty in
discerning the difference between law enforcement officers
and bounty hunters;
(3) the availability of bail as an alternative to the
pretrial detention or unsecured release of criminal
defendants is important to the effective functioning of the
criminal justice system;
(4) the safe and timely return to custody of fugitives who
violate bail contracts is an important matter of public
safety, as is the return of any other fugitive from justice;
(5) bail bond agents are widely regulated by the States,
whereas bounty hunters are largely unregulated;
(6) the public safety requires the employment of qualified,
well-trained bounty hunters; and
(7) in the course of their duties, bounty hunters often
move in and affect interstate commerce.
(b) Definitions.--In this section--
(1) the term ``bail bond agent'' means any retail seller of
a bond to secure the release of a criminal defendant pending
judicial proceedings, unless such person also is self-
employed to obtain the recovery of any fugitive from justice
who has been released on bail;
(2) the term ``bounty hunter''--
(A) means any person whose services are engaged, either as
an independent contractor or as an employee of a bounty
hunter employer, to obtain the recovery of any fugitive from
justice who has been released on bail; and
(B) does not include any--
(i) law enforcement officer acting under color of law;
(ii) attorney, accountant, or other professional licensed
under applicable State law;
(iii) employee whose duties are primarily internal audit or
credit functions;
(iv) person while engaged in the performance of official
duties as a member of the Armed Forces on active duty (as
defined in section 101(d)(1) of title 10, United States
Code); or
(v) bail bond agent;
(3) the term ``bounty hunter employer''--
(A) means any person that--
(i) employs 1 or more bounty hunters; or
(ii) provides, as an independent contractor, for
consideration, the services of 1 or more bounty hunters
(which may include the services of that person); and
(B) does not include any bail bond agent; and
(4) the term ``law enforcement officer'' means a public
officer or employee authorized under applicable Federal or
State law to conduct or engage in the prevention,
investigation, prosecution, or adjudication of criminal
offenses, including any public officer or employee engaged in
corrections, parole, or probation functions, or the recovery
of any fugitive from justice.
(c) Model Guidelines.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Attorney General shall develop
model guidelines for the State control and regulation of
persons employed or applying for employment as bounty
hunters. In developing such
[[Page S6141]]
guidelines, the Attorney General shall consult with
organizations representing--
(A) State and local law enforcement officers;
(B) State and local prosecutors;
(C) the criminal defense bar;
(D) bail bond agents;
(E) bounty hunters; and
(F) corporate sureties.
(2) Recommendations.--The guidelines developed under
paragraph (1) shall include recommendations of the Attorney
General regarding whether--
(A) a person seeking employment as a bounty hunter should--
(i) be required to submit to a fingerprint-based criminal
background check prior to entering into the performance of
duties pursuant to employment as a bounty hunter; or
(ii) not be allowed to obtain such employment if that
person has been convicted of a felony offense under Federal
or State law;
(B) bounty hunters and bounty hunter employers should be
required to obtain adequate liability insurance for actions
taken in the course of performing duties pursuant to
employment as a bounty hunter; and
(C) State laws should provide--
(i) for the prohibition on bounty hunters entering any
private dwelling, unless the bounty hunter first knocks on
the front door and announces the presence of 1 or more bounty
hunters; and
(ii) the official recognition of bounty hunters from other
States.
(3) Effect on bail.--The guidelines published under
paragraph (1) shall include an analysis of the estimated
effect, if any, of the adoption of the guidelines by the
States on--
(A) the cost and availability of bail; and
(B) the bail bond agent industry.
(4) No regulatory authority.--Nothing in this subsection
may be construed to authorize the promulgation of any Federal
regulation relating to bounty hunters, bounty hunter
employers, or bail bond agents.
(5) Publication of guidelines.--The Attorney General shall
publish model guidelines developed pursuant to paragraph (1)
in the Federal Register.
SEC. 1631. ASSISTANCE FOR UNINCORPORATED NEIGHBORHOOD WATCH
PROGRAMS.
(a) In General.--Section 1701(d) of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796dd(d)) is amended--
(1) in paragraph (10), by striking ``and'' at the end;
(2) in paragraph (11), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(12) provide assistance to unincorporated neighborhood
watch organizations approved by the appropriate local police
or sheriff's department, in an amount equal to not more than
$1,950 per organization, for the purchase of citizen band
radios, street signs, magnetic signs, flashlights, and other
equipment relating to neighborhood watch patrols.''.
(b) Authorization of Appropriations.--Section 1001(a)(11)
of title I of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3793(a)(11)) is amended--
(1) in subparagraph (A), by striking clause (vi) and
inserting the following:
``(vi) $282,625,000 for fiscal year 2000.''; and
(2) in subparagraph (B) by inserting after ``(B)'' the
following: ``Of amounts made available to carry out part Q in
each fiscal year $14,625,000 shall be used to carry out
section 1701(d)(12).''.
SEC. 1632. FINDINGS AND SENSE OF CONGRESS.
(a) Findings.--Congress makes the following findings--
(1) The Nation's highest priority should be to ensure that
children begin school ready to learn.
(2) New scientific research shows that the electrical
activity of brain cells actually changes the physical
structure of the brain itself and that without a stimulating
environment, a baby's brain will suffer. At birth, a baby's
brain contains 100,000,000,000 neurons, roughly as many nerve
cells as there are stars in the Milky Way, but the wiring
pattern between these neurons develops over time. Children
who play very little or are rarely touched develop brains
that are 20 to 30 percent smaller than normal for their age.
(3) This scientific research also conclusively demonstrates
that enhancing children's physical, social, emotional, and
intellectual development will result in tremendous benefits
for children, families, and the Nation.
(4) Since more than 50 percent of the mothers of children
under the age of 3 now work outside of the home, society must
change to provide new supports so young children receive the
attention and care that they need.
(5) There are 12,000,000 children under the age of 3 in the
United States today and 1 in 4 lives in poverty.
(6) Compared with most other industrialized countries, the
United States has a higher infant mortality rate, a higher
proportion of low-birth weight babies, and a smaller
proportion of babies immunized against childhood diseases.
(7) National and local studies have found a strong link
between--
(A) lack of early intervention for children; and
(B) increased violence and crime among youth.
(8) The United States will spend more than $35,000,000,000
over the next 5 years on Federal programs for at-risk or
delinquent youth and child welfare programs, which address
crisis situations that frequently could have been avoided or
made much less severe through good early intervention for
children.
(9) Many local communities across the country have
developed successful early childhood efforts and with
additional resources could expand and enhance opportunities
for young children.
(b) Sense of Congress.--It is the sense of Congress that
Federal funding for early childhood development
collaboratives should be a priority in the Federal budget for
fiscal year 2000 and subsequent fiscal years.
SEC. 1633. PROHIBITION ON PROMOTING VIOLENCE ON FEDERAL
PROPERTY.
(a) General Rule.--A Federal department or agency that--
(1) considers a request from an individual or entity for
the use of any property, facility, equipment, or personnel of
the department or agency, or for any other cooperation from
the department or agency, to film a motion picture or
television production for commercial purposes; and
(2) makes a determination as to whether granting a request
described in paragraph (1) is consistent with--
(A) United States policy;
(B) the mission or interest of the department or agency; or
(C) the public interest;
shall not grant such a request without considering whether
such motion picture or television production glorifies or
endorses wanton and gratuitous violence.
(b) Exception.--Subsection (a) shall not apply to--
(1) any bona fide newsreel or news television production;
or
(2) any public service announcement.
SEC. 1634. PROVISIONS RELATING TO PAWN SHOPS AND SPECIAL
LICENSEES.
(a) Notwithstanding any other provision of this Act, the
repeal heretofore effected by paragraph (1) and the amendment
heretofore effected by paragraph (2) of subsection (c) with
the heading ``Provision Related to Pawn and Other
Transactions'' of section 503 of title V with the heading
``General Firearm Provisions'' shall be null and void.
(b) Notwithstanding any other provision of this Act,
section 923(m)(1), of title 18, United States Code, as
heretofore provided, is amended by adding at the end the
following subparagraph:
``(F) Compliance.--Except as to the State and local
planning and zoning requirements for a licensed premises as
provided in subparagraph (D), a special licensee shall be
subject to all of the provisions of this chapter applicable
to dealers, including, but not limited to, the performance of
an instant background check.''.
SEC. 1635. EXTENSION OF BRADY BACKGROUND CHECKS TO GUN SHOWS.
(a) Findings.--Congress finds that--
(1) more than 4,400 traditional gun shows are held annually
across the United States, attracting thousands of attendees
per show and hundreds of Federal firearms licensees and
nonlicensed firearms sellers;
(2) traditional gun shows, as well as flea markets and
other organized events, at which a large number of firearms
are offered for sale by Federal firearms licensees and
nonlicensed firearms sellers, form a significant part of the
national firearms market;
(3) firearms and ammunition that are exhibited or offered
for sale or exchange at gun shows, flea markets, and other
organized events move easily in and substantially affect
interstate commerce;
(4) in fact, even before a firearm is exhibited or offered
for sale or exchange at a gun show, flea market, or other
organized event, the gun, its component parts, ammunition,
and the raw materials from which it is manufactured have
moved in interstate commerce;
(5) gun shows, flea markets, and other organized events at
which firearms are exhibited or offered for sale or exchange,
provide a convenient and centralized commercial location at
which firearms may be bought and sold anonymously, often
without background checks and without records that enable gun
tracing;
(6) at gun shows, flea markets, and other organized events
at which guns are exhibited or offered for sale or exchange,
criminals and other prohibited persons obtain guns without
background checks and frequently use guns that cannot be
traced to later commit crimes;
(7) many persons who buy and sell firearms at gun shows,
flea markets, and other organized events cross State lines to
attend these events and engage in the interstate
transportation of firearms obtained at these events;
(8) gun violence is a pervasive, national problem that is
exacerbated by the availability of guns at gun shows, flea
markets, and other organized events;
(9) firearms associated with gun shows have been
transferred illegally to residents of another State by
Federal firearms licensees and nonlicensed firearms sellers,
and have been involved in subsequent crimes including drug
offenses, crimes of violence, property crimes, and illegal
possession of firearms by felons and other prohibited
persons; and
(10) Congress has the power, under the interstate commerce
clause and other provisions of the Constitution of the United
States, to ensure, by enactment of this Act, that criminals
and other prohibited persons
[[Page S6142]]
do not obtain firearms at gun shows, flea markets, and other
organized events.
(b) Definitions.--Section 921(a) of title 18, United States
Code, is amended by adding at the end the following:
``(35) Gun show.--The term `gun show' means any event--
``(A) at which 50 or more firearms are offered or exhibited
for sale, transfer, or exchange, if 1 or more of the firearms
has been shipped or transported in, or otherwise affects,
interstate or foreign commerce; and
``(B) at which--
``(i) not less than 20 percent of the exhibitors are
firearm exhibitors;
``(ii) there are not less than 10 firearm exhibitors; or
``(iii) 50 or more firearms are offered for sale, transfer,
or exchange.
``(36) Gun show promoter.--The term `gun show promoter'
means any person who organizes, plans, promotes, or operates
a gun show.
``(37) Gun show vendor.--The term `gun show vendor' means
any person who exhibits, sells, offers for sale, transfers,
or exchanges 1 or more firearms at a gun show, regardless of
whether or not the person arranges with the gun show promoter
for a fixed location from which to exhibit, sell, offer for
sale, transfer, or exchange 1 or more firearms.''
(c) Regulation of Firearms Transfers at Gun Shows.--
(1) In general.--Chapter 44 of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 931. Regulation of firearms transfers at gun shows
``(a) Registration of Gun Show Promoters.--It shall be
unlawful for any person to organize, plan, promote, or
operate a gun show unless that person--
``(1) registers with the Secretary in accordance with
regulations promulgated by the Secretary; and
``(2) pays a registration fee, in an amount determined by
the Secretary.
``(b) Responsibilities of Gun Show Promoters.--It shall be
unlawful for any person to organize, plan, promote, or
operate a gun show unless that person--
``(1) before commencement of the gun show, verifies the
identity of each gun show vendor participating in the gun
show by examining a valid identification document (as defined
in section 1028(d)(1)) of the vendor containing a photograph
of the vendor;
``(2) before commencement of the gun show, requires each
gun show vendor to sign--
``(A) a ledger with identifying information concerning the
vendor; and
``(B) a notice advising the vendor of the obligations of
the vendor under this chapter; and
``(3) notifies each person who attends the gun show of the
requirements of this chapter, in accordance with such
regulations as the Secretary shall prescribe; and
``(4) maintains a copy of the records described in
paragraphs (1) and (2) at the permanent place of business of
the gun show promoter for such period of time and in such
form as the Secretary shall require by regulation.
``(c) Responsibilities of Transferors Other Than
Licensees.--
``(1) In general.--If any part of a firearm transaction
takes place at a gun show, it shall be unlawful for any
person who is not licensed under this chapter to transfer a
firearm to another person who is not licensed under this
chapter, unless the firearm is transferred through a licensed
importer, licensed manufacturer, or licensed dealer in
accordance with subsection (e).
``(2) Criminal background checks.--A person who is subject
to the requirement of paragraph (1)--
``(A) shall not transfer the firearm to the transferee
until the licensed importer, licensed manufacturer, or
licensed dealer through which the transfer is made under
subsection (e) makes the notification described in subsection
(e)(3)(A); and
``(B) notwithstanding subparagraph (A), shall not transfer
the firearm to the transferee if the licensed importer,
licensed manufacturer, or licensed dealer through which the
transfer is made under subsection (e) makes the notification
described in subsection (e)(3)(B).
``(3) Absence of recordkeeping requirements.--Nothing in
this section shall permit or authorize the Secretary to
impose recordkeeping requirements on any nonlicensed vendor.
``(d) Responsibilities of Transferees Other Than
Licensees.--
``(1) In general.--If any part of a firearm transaction
takes place at a gun show, it shall be unlawful for any
person who is not licensed under this chapter to receive a
firearm from another person who is not licensed under this
chapter, unless the firearm is transferred through a licensed
importer, licensed manufacturer, or licensed dealer in
accordance with subsection (e).
``(2) Criminal background checks.--A person who is subject
to the requirement of paragraph (1)--
``(A) shall not receive the firearm from the transferor
until the licensed importer, licensed manufacturer, or
licensed dealer through which the transfer is made under
subsection (e) makes the notification described in subsection
(e)(3)(A); and
``(B) notwithstanding subparagraph (A), shall not receive
the firearm from the transferor if the licensed importer,
licensed manufacturer, or licensed dealer through which the
transfer is made under subsection (e) makes the notification
described in subsection (e)(3)(B).
``(e) Responsibilities of Licensees.--A licensed importer,
licensed manufacturer, or licensed dealer who agrees to
assist a person who is not licensed under this chapter in
carrying out the responsibilities of that person under
subsection (c) or (d) with respect to the transfer of a
firearm shall--
``(1) enter such information about the firearm as the
Secretary may require by regulation into a separate bound
record;
``(2) record the transfer on a form specified by the
Secretary;
``(3) comply with section 922(t) as if transferring the
firearm from the inventory of the licensed importer, licensed
manufacturer, or licensed dealer to the designated transferee
(although a licensed importer, licensed manufacturer, or
licensed dealer complying with this subsection shall not be
required to comply again with the requirements of section
922(t) in delivering the firearm to the nonlicensed
transferor), and notify the nonlicensed transferor and the
nonlicensed transferee--
``(A) of such compliance; and
``(B) if the transfer is subject to the requirements of
section 922(t)(1), of any receipt by the licensed importer,
licensed manufacturer, or licensed dealer of a notification
from the national instant criminal background check system
that the transfer would violate section 922 or would violate
State law;
``(4) not later than 10 days after the date on which the
transfer occurs, submit to the Secretary a report of the
transfer, which report--
``(A) shall be on a form specified by the Secretary by
regulation; and
``(B) shall not include the name of or other identifying
information relating to any person involved in the transfer
who is not licensed under this chapter;
``(5) if the licensed importer, licensed manufacturer, or
licensed dealer assists a person other than a licensee in
transferring, at 1 time or during any 5 consecutive business
days, 2 or more pistols or revolvers, or any combination of
pistols and revolvers totaling 2 or more, to the same
nonlicensed person, in addition to the reports required under
paragraph (4), prepare a report of the multiple transfers,
which report shall be--
``(A) prepared on a form specified by the Secretary; and
``(B) not later than the close of business on the date on
which the transfer occurs, forwarded to--
``(i) the office specified on the form described in
subparagraph (A); and
``(ii) the appropriate State law enforcement agency of the
jurisdiction in which the transfer occurs; and
``(6) retain a record of the transfer as part of the
permanent business records of the licensed importer, licensed
manufacturer, or licensed dealer.
``(f) Records of Licensee Transfers.--If any part of a
firearm transaction takes place at a gun show, each licensed
importer, licensed manufacturer, and licensed dealer who
transfers 1 or more firearms to a person who is not licensed
under this chapter shall, not later than 10 days after the
date on which the transfer occurs, submit to the Secretary a
report of the transfer, which report--
``(1) shall be in a form specified by the Secretary by
regulation;
``(2) shall not include the name of or other identifying
information relating to the transferee; and
``(3) shall not duplicate information provided in any
report required under subsection (e)(4).
``(g) Firearm Transaction Defined.--In this section, the
term `firearm transaction'--
``(1) includes the offer for sale, sale, transfer, or
exchange of a firearm; and
``(2) does not include the mere exhibition of a firearm.''.
(2) Penalties.--Section 924(a) of title 18, United States
Code, is amended by adding at the end the following:
``(7)(A) Whoever knowingly violates section 931(a) shall be
fined under this title, imprisoned not more than 5 years, or
both.
``(B) Whoever knowingly violates subsection (b) or (c) of
section 931, shall be--
``(i) fined under this title, imprisoned not more than 2
years, or both; and
``(ii) in the case of a second or subsequent conviction,
such person shall be fined under this title, imprisoned not
more than 5 years, or both.
``(C) Whoever willfully violates section 931(d), shall be--
``(i) fined under this title, imprisoned not more than 2
years, or both; and
``(ii) in the case of a second or subsequent conviction,
such person shall be fined under this title, imprisoned not
more than 5 years, or both.
``(D) Whoever knowingly violates subsection (e) or (f) of
section 931 shall be fined under this title, imprisoned not
more than 5 years, or both.
``(E) In addition to any other penalties imposed under this
paragraph, the Secretary may, with respect to any person who
knowingly violates any provision of section 931--
``(i) if the person is registered pursuant to section
931(a), after notice and opportunity for a hearing, suspend
for not more than 6 months or revoke the registration of that
person under section 931(a); and
``(ii) impose a civil fine in an amount equal to not more
than $10,000.''.
[[Page S6143]]
(3) Technical and conforming amendments.--Chapter 44 of
title 18, United States Code, is amended--
(A) in the chapter analysis, by adding at the end the
following:
``931. Regulation of firearms transfers at gun shows.'';
and
(B) in the first sentence of section 923(j), by striking
``a gun show or event'' and inserting ``an event''; and
(d) Inspection Authority.--Section 923(g)(1) is amended by
adding at the end the following:
``(E) Notwithstanding subparagraph (B), the Secretary may
enter during business hours the place of business of any gun
show promoter and any place where a gun show is held for the
purposes of examining the records required by sections 923
and 931 and the inventory of licensees conducting business at
the gun show. Such entry and examination shall be conducted
for the purposes of determining compliance with this chapter
by gun show promoters and licensees conducting business at
the gun show and shall not require a showing of reasonable
cause or a warrant.''.
(e) Increased Penalties for Serious Recordkeeping
Violations by Licensees.--Section 924(a)(3) of title 18,
United States Code, is amended to read as follows:
``(3)(A) Except as provided in subparagraph (B), any
licensed dealer, licensed importer, licensed manufacturer, or
licensed collector who knowingly makes any false statement or
representation with respect to the information required by
this chapter to be kept in the records of a person licensed
under this chapter, or violates section 922(m) shall be fined
under this title, imprisoned not more than 1 year, or both.
``(B) If the violation described in subparagraph (A) is in
relation to an offense--
``(i) under paragraph (1) or (3) of section 922(b), such
person shall be fined under this title, imprisoned not more
than 5 years, or both; or
``(ii) under subsection (a)(6) or (d) of section 922, such
person shall be fined under this title, imprisoned not more
than 10 years, or both.''.
(f) Increased Penalties for Violations of Criminal
Background Check Requirements.--
(1) Penalties.--Section 924 of title 18, United States
Code, is amended--
(A) in paragraph (5), by striking ``subsection (s) or (t)
of section 922'' and inserting ``section 922(s)''; and
(B) by adding at the end the following:
``(8) Whoever knowingly violates section 922(t) shall be
fined under this title, imprisoned not more than 5 years, or
both.''.
(2) Elimination of certain elements of offense.--Section
922(t)(5) of title 18, United States Code, is amended by
striking ``and, at the time'' and all that follows through
``State law''.
(g) Gun Owner Privacy and Prevention of Fraud and Abuse of
System Information.--Section 922(t)(2)(C) of title 18, United
States Code, is amended by inserting before the period at the
end the following: ``, as soon as possible, consistent with
the responsibility of the Attorney General under section
103(h) of the Brady Handgun Violence Prevention Act to ensure
the privacy and security of the system and to prevent system
fraud and abuse, but in no event later than 90 days after the
date on which the licensee first contacts the system with
respect to the transfer''.
(h) Effective Date.--This section (other than subsection
(i)) and the amendments made by this section shall take
effect 180 days after the date of enactment of this Act.
(i) Inapplicability of Other Provisions.--Notwithstanding
any other provision of this Act, the provisions of the title
headed ``GENERAL FIREARM PROVISIONS'' (as added by the
amendment of Mr. Craig number 332) and the provisions of the
section headed ``APPLICATION OF SECTION 923 (j) AND (m)'' (as
added by the amendment of Mr. Hatch number 344) shall be null
and void.
SEC. 1636. APPROPRIATE INTERVENTIONS AND SERVICES;
CLARIFICATION OF FEDERAL LAW.
(a) Appropriate Interventions and Services.--School
personnel shall ensure that immediate appropriate
interventions and services, including mental health
interventions and services, are provided to a child removed
from school for any act of violence, including carrying or
possessing a weapon to or at a school, on school premises, or
to or at a school function under the jurisdiction of a State
or local educational agency, in order to--
(1) to ensure that our Nation's schools and communities are
safe; and
(2) maximize the likelihood that such child shall not
engage in such behaviors, or such behaviors do not reoccur.
(b) Clarification of Federal Law.--Nothing in Federal law
shall be construed--
(1) to prohibit an agency from reporting a crime committed
by a child, including a child with a disability, to
appropriate authorities; or
(2) to prevent State law enforcement and judicial
authorities from exercising their responsibilities with
regard to the application of Federal and State law to a crime
committed by a child, including a child with a disability.
(c) Authorization of Appropriations.--
(1) Authorization.--There are authorized to be appropriated
to pay the costs of the interventions and services described
in subsection (a) such sums as may be necessary for each of
the fiscal years 2000 through 2004.
(2) Distribution.--The Secretary of Education shall provide
for the distribution of the funds made available under
paragraph (1)--
(A) to States for a fiscal year in the same manner as the
Secretary makes allotments to States under section 4011(b) of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7111(b)) for the fiscal year; and
(B) to local educational agencies for a fiscal year in the
same manner as funds are distributed to local educational
agencies under section 4113(d)(2) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7113(d)(2)) for
the fiscal year.
SEC. 1637. SAFE SCHOOLS.
(a) Amendments.--Part F of title XIV of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 8921 et seq.) is
amended as follows:
(1) Short title.--Section 14601(a) is amended by replacing
``Gun-Free'' with ``Safe'', and ``1994'' with ``1999''.
(2) Requirements.--Section 14601(b)(1) is amended by
inserting after ``determined'' the following: ``to be in
possession of felonious quantities of an illegal drug, on
school property under the jurisdiction of, or in a vehicle
operated by an employee or agent of, a local educational
agency in that State, or''.
(3) Definitions.--Section 14601(b)(4) is amended by
replacing ``Definition'' with ``Definitions'' in the
catchline, by replacing ``section'' in the matter under the
catchline with ``part'', by redesignating the matter under
the catchline after the comma as subparagraph (A), by
replacing the period with a semicolon, and by adding new
subparagraphs (B), (C), and (D) as follows:
``(B) the term `illegal drug' means a controlled substance,
as defined in section 102(6) of the Controlled Substances Act
(21 U.S.C. 802(6)), the possession of which is unlawful under
the Act (21 U.S.C. 801 et seq.) or under the Controlled
Substances Import and Export Act (21 U.S.C. 951 et seq.), but
does not mean a controlled substance used pursuant to a valid
prescription or as authorized by law; and
``(C) the term `illegal drug paraphernalia' means drug
paraphernalia, as defined in section 422(d) of the Controlled
Substances Act (21 U.S.C. 863(d)), except that the first
sentence of that section shall be applied by inserting `or
under the Controlled Substances Import and Export Act (21
U.S.C. 951 et seq.)', before the period.
``(D) the term `felonious quantities of an illegal drug'
means any quantity of an illegal drug--
``(i) possession of which quantity would, under Federal,
State, or local law, either constitute a felony or indicate
an intent to distribute; or
``(ii) that is possessed with an intent to distribute.''.
(4) Report to state.--Section 14601(d)(2)(C) is amended by
inserting ``illegal drugs or'' before ``weapons''.
(5) Repealer.--Section 14601 is amended by striking
subsection (f).
(6) Policy regarding criminal justice system referral.--
Section 14602(a) is amended by replacing ``served by'' with
``under the jurisdiction of'', and by inserting after ``who''
the following: ``is in possession of an illegal drug, or
illegal drug paraphernalia, on school property under the
jurisdiction of, or in a vehicle operated by an employee or
agent of, such agency, or who''.
(7) Data and policy dissemination under idea.--Section
14603 is amended by inserting ``current'' before ``policy'',
by striking ``in effect on October 20, 1994'', by striking
all the matter after ``schools'' and inserting a period
thereafter, and by inserting before ``engaging'' the
following: ``possessing illegal drugs, or illegal drug
paraphernalia, on school property, or in vehicles operated by
employees or agents of, schools or local educational
agencies, or''.
(b) Compliance Date; Reporting.--(1) States shall have 2
years from the date of enactment of this Act to comply with
the requirements established in the amendments made by
subsection (a).
(2) Not later than 3 years after the date of enactment of
this Act, the Secretary of Education shall submit to Congress
a report on any State that is not in compliance with the
requirements of this part.
(3) Not later than 2 years after the date of enactment of
this Act, the Secretary of Education shall submit to Congress
a report analyzing the strengths and weaknesses of approaches
regarding the disciplining of children with disabilities.
SEC. 1638. SCHOOL COUNSELING.
Section 10102 of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 8002) is amended to read as follows:
``SEC. 10102. ELEMENTARY SCHOOL AND SECONDARY SCHOOL
COUNSELING DEMONSTRATION.
``(a) Counseling Demonstration.--
``(1) In general.--The Secretary may award grants under
this section to local educational agencies to enable the
local educational agencies to establish or expand elementary
school counseling programs.
``(2) Priority.--In awarding grants under this section, the
Secretary shall give special consideration to applications
describing programs that--
``(A) demonstrate the greatest need for new or additional
counseling services among the children in the schools served
by the applicant;
[[Page S6144]]
``(B) propose the most promising and innovative approaches
for initiating or expanding school counseling; and
``(C) show the greatest potential for replication and
dissemination.
``(3) Equitable distribution.--In awarding grants under
this section, the Secretary shall ensure an equitable
geographic distribution among the regions of the United
States and among urban, suburban, and rural areas.
``(4) Duration.--A grant under this section shall be
awarded for a period not to exceed three years.
``(5) Maximum grant.--A grant under this section shall not
exceed $400,000 for any fiscal year.
``(b) Applications.--
``(1) In general.--Each local educational agency desiring a
grant under this section shall submit an application to the
Secretary at such time, in such manner, and accompanied by
such information as the Secretary may reasonably require.
``(2) Contents.--Each application for a grant under this
section shall--
``(A) describe the school population to be targeted by the
program, the particular personal, social, emotional,
educational, and career development needs of such population,
and the current school counseling resources available for
meeting such needs;
``(B) describe the activities, services, and training to be
provided by the program and the specific approaches to be
used to meet the needs described in subparagraph (A);
``(C) describe the methods to be used to evaluate the
outcomes and effectiveness of the program;
``(D) describe the collaborative efforts to be undertaken
with institutions of higher education, businesses, labor
organizations, community groups, social service agencies, and
other public or private entities to enhance the program and
promote school-linked services integration;
``(E) describe collaborative efforts with institutions of
higher education which specifically seek to enhance or
improve graduate programs specializing in the preparation of
school counselors, school psychologists, and school social
workers;
``(F) document that the applicant has the personnel
qualified to develop, implement, and administer the program;
``(G) describe how any diverse cultural populations, if
applicable, would be served through the program;
``(H) assure that the funds made available under this part
for any fiscal year will be used to supplement and, to the
extent practicable, increase the level of funds that would
otherwise be available from non-Federal sources for the
program described in the application, and in no case supplant
such funds from non-Federal sources; and
``(I) assure that the applicant will appoint an advisory
board composed of parents, school counselors, school
psychologists, school social workers, other pupil services
personnel, teachers, school administrators, and community
leaders to advise the local educational agency on the design
and implementation of the program.
``(c) Use of Funds.--
``(1) In general.--Grant funds under this section shall be
used to initiate or expand school counseling programs that
comply with the requirements in paragraph (2).
``(2) Program requirements.--Each program assisted under
this section shall--
``(A) be comprehensive in addressing the personal, social,
emotional, and educational needs of all students;
``(B) use a developmental, preventive approach to
counseling;
``(C) increase the range, availability, quantity, and
quality of counseling services in the elementary schools of
the local educational agency;
``(D) expand counseling services only through qualified
school counselors, school psychologists, and school social
workers;
``(E) use innovative approaches to increase children's
understanding of peer and family relationships, work and
self, decisionmaking, or academic and career planning, or to
improve social functioning;
``(F) provide counseling services that are well-balanced
among classroom group and small group counseling, individual
counseling, and consultation with parents, teachers,
administrators, and other pupil services personnel;
``(G) include inservice training for school counselors,
school social workers, school psychologists, other pupil
services personnel, teachers, and instructional staff;
``(H) involve parents of participating students in the
design, implementation, and evaluation of a counseling
program;
``(I) involve collaborative efforts with institutions of
higher education, businesses, labor organizations, community
groups, social service agencies, or other public or private
entities to enhance the program and promote school-linked
services integration;
``(J) evaluate annually the effectiveness and outcomes of
the counseling services and activities assisted under this
section;
``(K) ensure a team approach to school counseling by
maintaining a ratio in the elementary schools of the local
educational agency that does not exceed 1 school counselor to
250 students, 1 school social worker to 800 students, and 1
school psychologist to 1,000 students; and
``(L) ensure that school counselors, school psychologists,
or school social workers paid from funds made available under
this section spend at least 85 percent of their total
worktime at the school in activities directly related to the
counseling process and not more than 15 percent of such time
on administrative tasks that are associated with the
counseling program.
``(3) Report.--The Secretary shall issue a report
evaluating the programs assisted pursuant to each grant under
this subsection at the end of each grant period in accordance
with section 14701, but in no case later than January 30,
2003.
``(4) Dissemination.--The Secretary shall make the programs
assisted under this section available for dissemination,
either through the National Diffusion Network or other
appropriate means.
``(5) Limit on administration.--Not more than five percent
of the amounts made available under this section in any
fiscal year shall be used for administrative costs to carry
out this section.
``(d) Definitions.--For purposes of this section--
``(1) the term `school counselor' means an individual who
has documented competence in counseling children and
adolescents in a school setting and who--
``(A) possesses State licensure or certification granted by
an independent professional regulatory authority;
``(B) in the absence of such State licensure or
certification, possesses national certification in school
counseling or a specialty of counseling granted by an
independent professional organization; or
``(C) holds a minimum of a master's degree in school
counseling from a program accredited by the Council for
Accreditation of Counseling and Related Educational Programs
or the equivalent;
``(2) the term `school psychologist' means an individual
who--
``(A) possesses a minimum of 60 graduate semester hours in
school psychology from an institution of higher education and
has completed 1,200 clock hours in a supervised school
psychology internship, of which 600 hours shall be in the
school setting;
``(B) possesses State licensure or certification in the
State in which the individual works; or
``(C) in the absence of such State licensure or
certification, possesses national certification by the
National School Psychology Certification Board;
``(3) the term `school social worker' means an individual
who holds a master's degree in social work and is licensed or
certified by the State in which services are provided or
holds a school social work specialist credential; and
``(4) the term `supervisor' means an individual who has the
equivalent number of years of professional experience in such
individual's respective discipline as is required of teaching
experience for the supervisor or administrative credential in
the State of such individual.
``(e) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section
$15,000,000 for fiscal year 2000 and such sums as may be
necessary for each of the 4 succeeding fiscal years.''.
SEC. 1639. CRIMINAL PROHIBITION ON DISTRIBUTION OF CERTAIN
INFORMATION RELATING TO EXPLOSIVES, DESTRUCTIVE
DEVICES, AND WEAPONS OF MASS DESTRUCTION.
(a) Unlawful Conduct.--Section 842 of title 18, United
States Code, is amended by adding at the end the following:
``(p) Distribution of Information Relating to Explosives,
Destructive Devices, and Weapons of Mass Destruction.--
``(1) Definitions.--In this subsection:
``(A) The term `destructive device' has the same meaning as
in section 921(a)(4).
``(B) The term `explosive' has the same meaning as in
section 844(j).
``(C) The term `weapon of mass destruction' has the same
meaning as in section 2332a(c)(2).
``(2) Prohibition.--It shall be unlawful for any person--
``(A) to teach or demonstrate the making or use of an
explosive, a destructive device, or a weapon of mass
destruction, or to distribute by any means information
pertaining to, in whole or in part, the manufacture or use of
an explosive, destructive device, or weapon of mass
destruction, with the intent that the teaching,
demonstration, or information be used for, or in furtherance
of, an activity that constitutes a Federal crime of violence;
or
``(B) to teach or demonstrate to any person the making or
use of an explosive, a destructive device, or a weapon of
mass destruction, or to distribute to any person, by any
means, information pertaining to, in whole or in part, the
manufacture or use of an explosive, destructive device, or
weapon of mass destruction, knowing that such person intends
to use the teaching, demonstration, or information for, or in
furtherance of, an activity that constitutes a Federal crime
of violence.''.
(b) Penalties.--Section 844 of title 18, United States
Code, is amended--
(1) in subsection (a), by striking ``person who violates
any of subsections'' and inserting the following: ``person
who--
``(1) violates any of subsections'';
(2) by striking the period at the end and inserting ``;
and'';
(3) by adding at the end the following:
``(2) violates subsection (p)(2) of section 842, shall be
fined under this title, imprisoned not more than 20 years, or
both.''; and
(4) in subsection (j), by striking ``and (i)'' and
inserting ``(i), and (p)''.
[[Page S6145]]
Subtitle B--James Guelff Body Armor Act
SEC. 1641. SHORT TITLE.
This subtitle may be cited as the ``James Guelff Body Armor
Act of 1999''.
SEC. 1642. FINDINGS.
Congress finds that--
(1) nationally, police officers and ordinary citizens are
facing increased danger as criminals use more deadly
weaponry, body armor, and other sophisticated assault gear;
(2) crime at the local level is exacerbated by the
interstate movement of body armor and other assault gear;
(3) there is a traffic in body armor moving in or otherwise
affecting interstate commerce, and existing Federal controls
over such traffic do not adequately enable the States to
control this traffic within their own borders through the
exercise of their police power;
(4) recent incidents, such as the murder of San Francisco
Police Officer James Guelff by an assailant wearing 2 layers
of body armor and a 1997 bank shoot out in north Hollywood,
California, between police and 2 heavily armed suspects
outfitted in body armor, demonstrate the serious threat to
community safety posed by criminals who wear body armor
during the commission of a violent crime;
(5) of the approximately 1,200 officers killed in the line
of duty since 1980, more than 30 percent could have been
saved by body armor, and the risk of dying from gunfire is 14
times higher for an officer without a bulletproof vest;
(6) the Department of Justice has estimated that 25 percent
of State and local police are not issued body armor;
(7) the Federal Government is well-equipped to grant local
police departments access to body armor that is no longer
needed by Federal agencies; and
(8) Congress has the power, under the interstate commerce
clause and other provisions of the Constitution of the United
States, to enact legislation to regulate interstate commerce
that affects the integrity and safety of our communities.
SEC. 1643. DEFINITIONS.
In this subtitle:
(1) Body armor.--The term ``body armor'' means any product
sold or offered for sale, in interstate or foreign commerce,
as personal protective body covering intended to protect
against gunfire, regardless of whether the product is to be
worn alone or is sold as a complement to another product or
garment.
(2) Law enforcement agency.--The term ``law enforcement
agency'' means an agency of the United States, a State, or a
political subdivision of a State, authorized by law or by a
government agency to engage in or supervise the prevention,
detection, investigation, or prosecution of any violation of
criminal law.
(3) Law enforcement officer.--The term ``law enforcement
officer'' means any officer, agent, or employee of the United
States, a State, or a political subdivision of a State,
authorized by law or by a government agency to engage in or
supervise the prevention, detection, investigation, or
prosecution of any violation of criminal law.
SEC. 1644. AMENDMENT OF SENTENCING GUIDELINES WITH RESPECT TO
BODY ARMOR.
(a) Sentencing Enhancement.--The United States Sentencing
Commission shall amend the Federal sentencing guidelines to
provide an appropriate sentencing enhancement, increasing the
offense level not less than 2 levels, for any offense in
which the defendant used body armor.
(b) Applicability.--No amendment made to the Federal
Sentencing Guidelines pursuant to this section shall apply if
the Federal offense in which the body armor is used
constitutes a violation of, attempted violation of, or
conspiracy to violate the civil rights of any person by a law
enforcement officer acting under color of the authority of
such law enforcement officer.
SEC. 1645. PROHIBITION OF PURCHASE, USE, OR POSSESSION OF
BODY ARMOR BY VIOLENT FELONS.
(a) Definition of Body Armor.--Section 921 of title 18,
United States Code, is amended by adding at the end the
following:
``(35) The term `body armor' means any product sold or
offered for sale, in interstate or foreign commerce, as
personal protective body covering intended to protect against
gunfire, regardless of whether the product is to be worn
alone or is sold as a complement to another product or
garment.''.
(b) Prohibition.--
(1) In general.--Chapter 44 of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 931. Prohibition on purchase, ownership, or possession
of body armor by violent felons
``(a) In General.--Except as provided in subsection (b), it
shall be unlawful for a person to purchase, own, or possess
body armor, if that person has been convicted of a felony
that is--
``(1) a crime of violence (as defined in section 16); or
``(2) an offense under State law that would constitute a
crime of violence under paragraph (1) if it occurred within
the special maritime and territorial jurisdiction of the
United States.
``(b) Affirmative Defense.--
``(1) In general.--It shall be an affirmative defense under
this section that--
``(A) the defendant obtained prior written certification
from his or her employer that the defendant's purchase, use,
or possession of body armor was necessary for the safe
performance of lawful business activity; and
``(B) the use and possession by the defendant were limited
to the course of such performance.
``(2) Employer.--In this subsection, the term `employer'
means any other individual employed by the defendant's
business that supervises defendant's activity. If that
defendant has no supervisor, prior written certification is
acceptable from any other employee of the business.''.
(2) Clerical amendment.--The analysis for chapter 44 of
title 18, United States Code, is amended by adding at the end
the following:
``931. Prohibition on purchase, ownership, or possession of body armor
by violent felons.''.
(c) Penalties.--Section 924(a) of title 18, United States
Code, is amended by adding at the end the following:
``(7) Whoever knowingly violates section 931 shall be fined
under this title, imprisoned not more than 3 years, or
both.''.
SEC. 1646. DONATION OF FEDERAL SURPLUS BODY ARMOR TO STATE
AND LOCAL LAW ENFORCEMENT AGENCIES.
(a) Definitions.--In this section, the terms ``Federal
agency'' and ``surplus property'' have the meanings given
such terms under section 3 of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 472).
(b) Donation of Body Armor.--Notwithstanding section 203 of
the Federal Property and Administrative Services Act of 1949
(40 U.S.C. 484), the head of a Federal agency may donate body
armor directly to any State or local law enforcement agency,
if such body armor is--
(1) in serviceable condition; and
(2) surplus property.
(c) Notice to Administrator.--The head of a Federal agency
who donates body armor under this section shall submit to the
Administrator of General Services a written notice
identifying the amount of body armor donated and each State
or local law enforcement agency that received the body armor.
(d) Donation by Certain Officers.--
(1) Department of justice.--In the administration of this
section with respect to the Department of Justice, in
addition to any other officer of the Department of Justice
designated by the Attorney General, the following officers
may act as the head of a Federal agency:
(A) The Administrator of the Drug Enforcement
Administration.
(B) The Director of the Federal Bureau of Investigation.
(C) The Commissioner of the Immigration and Naturalization
Service.
(D) The Director of the United States Marshals Service.
(2) Department of the treasury.--In the administration of
this section with respect to the Department of the Treasury,
in addition to any other officer of the Department of the
Treasury designated by the Secretary of the Treasury, the
following officers may act as the head of a Federal agency:
(A) The Director of the Bureau of Alcohol, Tobacco, and
Firearms.
(B) The Commissioner of Customs.
(C) The Director of the United States Secret Service.
SEC. 1647. ADDITIONAL FINDINGS; PURPOSE.
(a) Findings.--Congress finds that--
(1) Officer Dale Claxton of the Cortez, Colorado, Police
Department was shot and killed by bullets that passed through
the windshield of his police car after he stopped a stolen
truck, and his life may have been saved if his police car had
been equipped with bullet resistant equipment;
(2) the number of law enforcement officers who are killed
in the line of duty would significantly decrease if every law
enforcement officer in the United States had access to
additional bullet resistant equipment;
(3) according to studies, between 1985 and 1994, 709 law
enforcement officers in the United States were feloniously
killed in the line of duty;
(4) the Federal Bureau of Investigation estimates that the
risk of fatality to law enforcement officers while not
wearing bullet resistant equipment, such as an armor vest, is
14 times higher than for officers wearing an armor vest;
(5) according to studies, between 1985 and 1994, bullet-
resistant materials helped save the lives of more than 2,000
law enforcement officers in the United States; and
(6) the Executive Committee for Indian Country Law
Enforcement Improvements reports that violent crime in Indian
country has risen sharply despite a decrease in the national
crime rate, and has concluded that there is a ``public safety
crisis in Indian country''.
(b) Purpose.--The purpose of this chapter is to save lives
of law enforcement officers by helping State, local, and
tribal law enforcement agencies provide officers with bullet
resistant equipment and video cameras.
SEC. 1648. MATCHING GRANT PROGRAMS FOR LAW ENFORCEMENT BULLET
RESISTANT EQUIPMENT AND FOR VIDEO CAMERAS.
(a) In General.--Part Y of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796ll et
seq.) is amended--
(1) by striking the part designation and part heading and
inserting the following:
``PART Y--MATCHING GRANT PROGRAMS FOR LAW ENFORCEMENT
``Subpart A--Grant Program For Armor Vests'';
(2) by striking ``this part'' each place it appears and
inserting ``this subpart''; and
[[Page S6146]]
(3) by adding at the end the following:
``Subpart B--Grant Program For Bullet Resistant Equipment
``SEC. 2511. PROGRAM AUTHORIZED.
``(a) In General.--The Director of the Bureau of Justice
Assistance is authorized to make grants to States, units of
local government, and Indian tribes to purchase bullet
resistant equipment for use by State, local, and tribal law
enforcement officers.
``(b) Uses of Funds.--Grants awarded under this section
shall be--
``(1) distributed directly to the State, unit of local
government, or Indian tribe; and
``(2) used for the purchase of bullet resistant equipment
for law enforcement officers in the jurisdiction of the
grantee.
``(c) Preferential Consideration.--In awarding grants under
this subpart, the Director of the Bureau of Justice
Assistance may give preferential consideration, if feasible,
to an application from a jurisdiction that--
``(1) has the greatest need for bullet resistant equipment
based on the percentage of law enforcement officers in the
department who do not have access to a vest;
``(2) has a violent crime rate at or above the national
average as determined by the Federal Bureau of Investigation;
or
``(3) has not received a block grant under the Local Law
Enforcement Block Grant program described under the heading
`Violent Crime Reduction Programs, State and Local Law
Enforcement Assistance' of the Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 1998 (Public Law 105-119).
``(d) Minimum Amount.--Unless all eligible applications
submitted by any State or unit of local government within
such State for a grant under this section have been funded,
such State, together with grantees within the State (other
than Indian tribes), shall be allocated in each fiscal year
under this section not less than 0.25 percent of the total
amount appropriated in the fiscal year for grants pursuant to
this section except that the United States Virgin Islands,
American Samoa, Guam, and the Northern Mariana Islands shall
each be allocated 0.10 percent.
``(e) Maximum Amount.--A qualifying State, unit of local
government, or Indian tribe may not receive more than 5
percent of the total amount appropriated in each fiscal year
for grants under this section, except that a State, together
with the grantees within the State may not receive more than
20 percent of the total amount appropriated in each fiscal
year for grants under this section.
``(f) Matching Funds.--The portion of the costs of a
program provided by a grant under subsection (a) may not
exceed 50 percent. Any funds appropriated by Congress for the
activities of any agency of an Indian tribal government or
the Bureau of Indian Affairs performing law enforcement
functions on any Indian lands may be used to provide the non-
Federal share of a matching requirement funded under this
subsection.
``(g) Allocation of Funds.--At least half of the funds
available under this subpart shall be awarded to units of
local government with fewer than 100,000 residents.
``SEC. 2512. APPLICATIONS.
``(a) In General.--To request a grant under this subpart,
the chief executive of a State, unit of local government, or
Indian tribe shall submit an application to the Director of
the Bureau of Justice Assistance in such form and containing
such information as the Director may reasonably require.
``(b) Regulations.--Not later than 90 days after the date
of the enactment of this subpart, the Director of the Bureau
of Justice Assistance shall promulgate regulations to
implement this section (including the information that must
be included and the requirements that the States, units of
local government, and Indian tribes must meet) in submitting
the applications required under this section.
``(c) Eligibility.--A unit of local government that
receives funding under the Local Law Enforcement Block Grant
program (described under the heading `Violent Crime Reduction
Programs, State and Local Law Enforcement Assistance' of the
Departments of Commerce, Justice, and State, the Judiciary,
and Related Agencies Appropriations Act, 1998 (Public Law
104-119)) during a fiscal year in which it submits an
application under this subpart shall not be eligible for a
grant under this subpart unless the chief executive officer
of such unit of local government certifies and provides an
explanation to the Director that the unit of local government
considered or will consider using funding received under the
block grant program for any or all of the costs relating to
the purchase of bullet resistant equipment, but did not, or
does not expect to use such funds for such purpose.
``SEC. 2513. DEFINITIONS.
``In this subpart--
``(1) the term `equipment' means windshield glass, car
panels, shields, and protective gear;
``(2) the term `State' means each of the 50 States, the
District of Columbia, the Commonwealth of Puerto Rico, the
United States Virgin Islands, American Samoa, Guam, and the
Northern Mariana Islands;
``(3) the term `unit of local government' means a county,
municipality, town, township, village, parish, borough, or
other unit of general government below the State level;
(4) the term `Indian tribe' has the same meaning as in
section 4(e) of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b(e)); and
``(5) the term `law enforcement officer' means any officer,
agent, or employee of a State, unit of local government, or
Indian tribe authorized by law or by a government agency to
engage in or supervise the prevention, detection, or
investigation of any violation of criminal law, or authorized
by law to supervise sentenced criminal offenders.
``Subpart C--Grant Program For Video Cameras
``SEC. 2521. PROGRAM AUTHORIZED.
``(a) In General.--The Director of the Bureau of Justice
Assistance is authorized to make grants to States, units of
local government, and Indian tribes to purchase video cameras
for use by State, local, and tribal law enforcement agencies
in law enforcement vehicles.
``(b) Uses of Funds.--Grants awarded under this section
shall be--
``(1) distributed directly to the State, unit of local
government, or Indian tribe; and
``(2) used for the purchase of video cameras for law
enforcement vehicles in the jurisdiction of the grantee.
``(c) Preferential Consideration.--In awarding grants under
this subpart, the Director of the Bureau of Justice
Assistance may give preferential consideration, if feasible,
to an application from a jurisdiction that--
``(1) has the greatest need for video cameras, based on the
percentage of law enforcement officers in the department do
not have access to a law enforcement vehicle equipped with a
video camera;
``(2) has a violent crime rate at or above the national
average as determined by the Federal Bureau of Investigation;
or
``(3) has not received a block grant under the Local Law
Enforcement Block Grant program described under the heading
`Violent Crime Reduction Programs, State and Local Law
Enforcement Assistance' of the Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 1998 (Public Law 105-119).
``(d) Minimum Amount.--Unless all eligible applications
submitted by any State or unit of local government within
such State for a grant under this section have been funded,
such State, together with grantees within the State (other
than Indian tribes), shall be allocated in each fiscal year
under this section not less than 0.25 percent of the total
amount appropriated in the fiscal year for grants pursuant to
this section, except that the United States Virgin Islands,
American Samoa, Guam, and the Northern Mariana Islands shall
each be allocated 0.10 percent.
``(e) Maximum Amount.--A qualifying State, unit of local
government, or Indian tribe may not receive more than 5
percent of the total amount appropriated in each fiscal year
for grants under this section, except that a State, together
with the grantees within the State may not receive more than
20 percent of the total amount appropriated in each fiscal
year for grants under this section.
``(f) Matching Funds.--The portion of the costs of a
program provided by a grant under subsection (a) may not
exceed 50 percent. Any funds appropriated by Congress for the
activities of any agency of an Indian tribal government or
the Bureau of Indian Affairs performing law enforcement
functions on any Indian lands may be used to provide the non-
Federal share of a matching requirement funded under this
subsection.
``(g) Allocation of Funds.--At least half of the funds
available under this subpart shall be awarded to units of
local government with fewer than 100,000 residents.
``SEC. 2522. APPLICATIONS.
``(a) In General.--To request a grant under this subpart,
the chief executive of a State, unit of local government, or
Indian tribe shall submit an application to the Director of
the Bureau of Justice Assistance in such form and containing
such information as the Director may reasonably require.
``(b) Regulations.--Not later than 90 days after the date
of the enactment of this subpart, the Director of the Bureau
of Justice Assistance shall promulgate regulations to
implement this section (including the information that must
be included and the requirements that the States, units of
local government, and Indian tribes must meet) in submitting
the applications required under this section.
``(c) Eligibility.--A unit of local government that
receives funding under the Local Law Enforcement Block Grant
program (described under the heading `Violent Crime Reduction
Programs, State and Local Law Enforcement Assistance' of the
Departments of Commerce, Justice, and State, the Judiciary,
and Related Agencies Appropriations Act, 1998 (Public Law
105-119)) during a fiscal year in which it submits an
application under this subpart shall not be eligible for a
grant under this subpart unless the chief executive officer
of such unit of local government certifies and provides an
explanation to the Director that the unit of local government
considered or will consider using funding received under the
block grant program for any or all of the costs relating to
the purchase of video cameras, but did not, or does not
expect to use such funds for such purpose.
``SEC. 2523. DEFINITIONS.
``In this subpart--
``(1) the term `Indian tribe' has the same meaning as in
section 4(e) of the Indian Self-
[[Page S6147]]
Determination and Education Assistance Act (25 U.S.C.
450b(e));
``(2) the term `law enforcement officer' means any officer,
agent, or employee of a State, unit of local government, or
Indian tribe authorized by law or by a government agency to
engage in or supervise the prevention, detection, or
investigation of any violation of criminal law, or authorized
by law to supervise sentenced criminal offenders;
``(3) the term `State' means each of the 50 States, the
District of Columbia, the Commonwealth of Puerto Rico, the
United States Virgin Islands, American Samoa, Guam, and the
Northern Mariana Islands; and
``(4) the term `unit of local government' means a county,
municipality, town, township, village, parish, borough, or
other unit of general government below the State level.''.
(b) Authorization of Appropriations.--Section 1001(a) of
the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3793(a)) is amended by striking paragraph (23) and
inserting the following:
``(23) There are authorized to be appropriated to carry out
part Y--
``(A) $25,000,000 for each of fiscal years 2000 through
2002 for grants under subpart A of that part;
``(B) $40,000,000 for each of fiscal years 2000 through
2002 for grants under subpart B of that part; and
``(C) $25,000,000 for each of fiscal years 2000 through
2002 for grants under subpart C of that part.''.
(c) Clerical Amendments.--The table of contents of title I
of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3711 et seq.) is amended--
(1) by striking the item relating to the part heading of
part Y and inserting the following:
``Part Y--Matching Grants Programs for Law Enforcement
``subpart a--grant program for armor vests''; and
(2) by adding at the end of the matter relating to part Y
the following:
``subpart b--grant program for bullet resistant equipment
``2511. Program authorized.
``2512. Applications.
``2513. Definitions.
``subpart c--grant program for video cameras
``2521. Program authorized.
``2522. Applications.
``2523. Definitions.''.
SEC. 1649. SENSE OF CONGRESS.
In the case of any equipment or products that may be
authorized to be purchased with financial assistance provided
using funds appropriated or otherwise made available under
subpart B or C of part Y of title I of the Omnibus Crime
Control and Safe Streets Act of 1968, as added by this
chapter, it is the sense of the Congress that entities
receiving the assistance should, in expending the assistance,
purchase only American-made equipment and products.
SEC. 1650. TECHNOLOGY DEVELOPMENT.
Section 202 of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3722) is amended by adding at the end
the following:
``(e) Bullet Resistant Technology Development.--
``(1) In general.--The Institute is authorized to--
``(A) conduct research and otherwise work to develop new
bullet resistant technologies (i.e., acrylic, polymers,
aluminized material, and transparent ceramics) for use in
police equipment (including windshield glass, car panels,
shields, and protective gear);
``(B) inventory bullet resistant technologies used in the
private sector, in surplus military property, and by foreign
countries;
``(C) promulgate relevant standards for, and conduct
technical and operational testing and evaluation of, bullet
resistant technology and equipment, and otherwise facilitate
the use of that technology in police equipment.
``(2) Priority.--In carrying out this subsection, the
Institute shall give priority in testing and engineering
surveys to law enforcement partnerships developed in
coordination with High Intensity Drug Trafficking Areas.
``(3) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $3,000,000
for fiscal years 2000 through 2002.''.
SEC. 1651. MATCHING GRANT PROGRAM FOR LAW ENFORCEMENT ARMOR
VESTS.
Section 2501(f) of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796ll(f)) is amended--
(1) by striking ``The portion'' and inserting the
following:
``(1) In general.--Subject to paragraph (2), the portion'';
and
(2) by adding at the end the following:
``(2) Waiver.--The Director may waive, in whole or in part,
the requirement of paragraph (1) in the case of fiscal
hardship, as determined by the Director.''.
Subtitle C--Animal Enterprise Terrorism and Ecoterrorism
SEC. 1652. ENHANCEMENT OF PENALTIES FOR ANIMAL ENTERPRISE
TERRORISM.
Section 43 of title 18, United States Code, is amended--
(1) in subsection (a)--
(A), by striking ``under this title'' and inserting
``consistent with this title or double the amount of damages,
whichever is greater,''; and
(B) by striking ``one year'' and inserting ``five years'';
and
(2) in subsection (b)--
(A) by redesignating paragraph (2) as paragraph (3);
(B) by inserting after paragraph (1) the following new
paragraph (2):
``(2) Explosives or arson.--Whoever in the course of a
violation of subsection (a) maliciously damages or destroys,
or attempts to damage or destroy, by means of fire or an
explosive, any building, vehicle, or other real or personal
property used by the animal enterprise shall be imprisoned
for not less than 5 years and not more than 20 years, fined
under this title, or both.''; and
(C) in paragraph (3), as so redesignated, by striking
``under this title and'' and all that follows through the
period and inserting ``under this title, imprisoned for life
or for any term of years, or sentenced to death.''.
SEC. 1653. NATIONAL ANIMAL TERRORISM AND ECOTERRORISM
INCIDENT CLEARINGHOUSE.
(a) In General.--The Director shall establish and maintain
a national clearinghouse for information on incidents of
crime and terrorism--
(1) committed against or directed at any animal enterprise;
(2) committed against or directed at any commercial
activity because of the perceived impact or effect of such
commercial activity on the environment; or
(3) committed against or directed at any person because of
such person's perceived connection with or support of any
enterprise or activity described in paragraph (1) or (2).
(b) Clearinghouse.--The clearinghouse established under
subsection (a) shall--
(1) accept, collect, and maintain information on incidents
described in subsection (a) that is submitted to the
clearinghouse by Federal, State, and local law enforcement
agencies, by law enforcement agencies of foreign countries,
and by victims of such incidents;
(2) collate and index such information for purposes of
cross-referencing; and
(3) upon request from a Federal, State, or local law
enforcement agency, or from a law enforcement agency of a
foreign country, provide such information to assist in the
investigation of an incident described in subsection (a).
(c) Scope of Information.--The information maintained by
the clearinghouse for each incident shall, to the extent
practicable, include--
(1) the date, time, and place of the incident;
(2) details of the incident;
(3) any available information on suspects or perpetrators
of the incident; and
(4) any other relevant information.
(d) Design of Clearinghouse.--The clearinghouse shall be
designed for maximum ease of use by participating law
enforcement agencies.
(e) Publicity.--The Director shall publicize the existence
of the clearinghouse to law enforcement agencies by
appropriate means.
(f) Resources.--In establishing and maintaining the
clearinghouse, the Director may--
(1) through the Attorney General, utilize the resources of
any other department or agency of the Federal Government; and
(2) accept assistance and information from private
organizations or individuals.
(g) Coordination.--The Director shall carry out the
Director's responsibilities under this section in cooperation
with the Director of the Bureau of Alcohol, Tobacco, and
Firearms.
(h) Definitions.--In this section:
(1) The term ``animal enterprise'' has the same meaning as
in section 43 of title 18, United States Code.
(2) The term ``Director'' means the Director of the Federal
Bureau of Investigation.
(i) Authorization of Appropriations.--There is hereby
authorized to be appropriated for fiscal years 2000, 2001,
2002, 2003, and 2004 such sums as are necessary to carry out
this section.
Subtitle D--Jail-Based Substance Abuse
SEC. 1654. JAIL-BASED SUBSTANCE ABUSE TREATMENT PROGRAMS.
(a) Use of Residential Substance Abuse Treatment Grants To
Provide Aftercare Services.--Section 1901 of part S of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796ff-1) is amended by adding at the end the following:
``(f) Use of Grant Amounts for Nonresidential Aftercare
Services.--A State may use amounts received under this part
to provide nonresidential substance abuse treatment aftercare
services for inmates or former inmates that meet the
requirements of subsection (c), if the chief executive
officer of the State certifies to the Attorney General that
the State is providing, and will continue to provide, an
adequate level of residential treatment services.''.
(b) Jail-Based Substance Abuse Treatment.--Part S of title
I of the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3796ff et seq.) is amended by adding at the end
the following:
``SEC. 1906. JAIL-BASED SUBSTANCE ABUSE TREATMENT.
``(a) Definitions.--In this section--
``(1) the term `jail-based substance abuse treatment
program' means a course of individual and group activities,
lasting for a period of not less than 3 months, in an area of
[[Page S6148]]
a correctional facility set apart from the general population
of the correctional facility, if those activities are--
``(A) directed at the substance abuse problems of
prisoners; and
``(B) intended to develop the cognitive, behavioral,
social, vocational, and other skills of prisoners in order to
address the substance abuse and related problems of
prisoners; and
``(2) the term `local correctional facility' means any
correctional facility operated by a unit of local government.
``(b) Authorization.--
``(1) In general.--Not less than 10 percent of the total
amount made available to a State under section 1904(a) for
any fiscal year may be used by the State to make grants to
local correctional facilities in the State for the purpose of
assisting jail-based substance abuse treatment programs
established by those local correctional facilities.
``(2) Federal share.--The Federal share of a grant made by
a State under this section to a local correctional facility
may not exceed 75 percent of the total cost of the jail-based
substance abuse treatment program described in the
application submitted under subsection (c) for the fiscal
year for which the program receives assistance under this
section.
``(c) Applications.--
``(1) In general.--To be eligible to receive a grant from a
State under this section for a jail-based substance abuse
treatment program, the chief executive of a local
correctional facility shall submit to the State, in such form
and containing such information as the State may reasonably
require, an application that meets the requirements of
paragraph (2).
``(2) Application requirements.--Each application submitted
under paragraph (1) shall include--
``(A) with respect to the jail-based substance abuse
treatment program for which assistance is sought, a
description of the program and a written certification that--
``(i) the program has been in effect for not less than 2
consecutive years before the date on which the application is
submitted; and
``(ii) the local correctional facility will--
``(I) coordinate the design and implementation of the
program between local correctional facility representatives
and the appropriate State and local alcohol and substance
abuse agencies;
``(II) implement (or continue to require) urinalysis or
other proven reliable forms of substance abuse testing of
individuals participating in the program, including the
testing of individuals released from the jail-based substance
abuse treatment program who remain in the custody of the
local correctional facility; and
``(III) carry out the program in accordance with
guidelines, which shall be established by the State, in order
to guarantee each participant in the program access to
consistent, continual care if transferred to a different
local correctional facility within the State;
``(B) written assurances that Federal funds received by the
local correctional facility from the State under this section
will be used to supplement, and not to supplant, non-Federal
funds that would otherwise be available for jail-based
substance abuse treatment programs assisted with amounts made
available to the local correctional facility under this
section; and
``(C) a description of the manner in which amounts received
by the local correctional facility from the State under this
section will be coordinated with Federal assistance for
substance abuse treatment and aftercare services provided to
the local correctional facility by the Substance Abuse and
Mental Health Services Administration of the Department of
Health and Human Services.
``(d) Review of Applications.--
``(1) In general.--Upon receipt of an application under
subsection (c), the State shall--
``(A) review the application to ensure that the
application, and the jail-based residential substance abuse
treatment program for which a grant under this section is
sought, meet the requirements of this section; and
``(B) if so, make an affirmative finding in writing that
the jail-based substance abuse treatment program for which
assistance is sought meets the requirements of this section.
``(2) Approval.--Based on the review conducted under
paragraph (1), not later than 90 days after the date on which
an application is submitted under subsection (c), the State
shall--
``(A) approve the application, disapprove the application,
or request a continued evaluation of the application for an
additional period of 90 days; and
``(B) notify the applicant of the action taken under
subparagraph (A) and, with respect to any denial of an
application under subparagraph (A), afford the applicant an
opportunity for reconsideration.
``(3) Eligibility for preference with aftercare
component.--
``(A) In general.--In making grants under this section, a
State shall give preference to applications from local
correctional facilities that ensure that each participant in
the jail-based substance abuse treatment program for which a
grant under this section is sought, is required to
participate in an aftercare services program that meets the
requirements of subparagraph (B), for a period of not less
than 1 year following the earlier of--
``(i) the date on which the participant completes the jail-
based substance abuse treatment program; or
``(ii) the date on which the participant is released from
the correctional facility at the end of the participant's
sentence or is released on parole.
``(B) Aftercare services program requirements.--For
purposes of subparagraph (A), an aftercare services program
meets the requirements of this paragraph if the program--
``(i) in selecting individuals for participation in the
program, gives priority to individuals who have completed a
jail-based substance abuse treatment program;
``(ii) requires each participant in the program to submit
to periodic substance abuse testing; and
``(iii) involves the coordination between the jail-based
substance abuse treatment program and other human service and
rehabilitation programs that may assist in the rehabilitation
of program participants, such as--
``(I) educational and job training programs;
``(II) parole supervision programs;
``(III) half-way house programs; and
``(IV) participation in self-help and peer group programs;
and
``(iv) assists in placing jail-based substance abuse
treatment program participants with appropriate community
substance abuse treatment facilities upon release from the
correctional facility at the end of a sentence or on parole.
``(e) Coordination and Consultation.--
``(1) Coordination.--Each State that makes 1 or more grants
under this section in any fiscal year shall, to the maximum
extent practicable, implement a statewide communications
network with the capacity to track the participants in jail-
based substance abuse treatment programs established by local
correctional facilities in the State as those participants
move between local correctional facilities within the State.
``(2) Consultation.--Each State described in paragraph (1)
shall consult with the Attorney General and the Secretary of
Health and Human Services to ensure that each jail-based
substance abuse treatment program assisted with a grant made
by the State under this section incorporates applicable
components of comprehensive approaches, including relapse
prevention and aftercare services.
``(f) Use of Grant Amounts.--
``(1) In general.--Each local correctional facility that
receives a grant under this section shall use the grant
amount solely for the purpose of carrying out the jail-based
substance abuse treatment program described in the
application submitted under subsection (c).
``(2) Administration.--Each local correctional facility
that receives a grant under this section shall carry out all
activities relating to the administration of the grant
amount, including reviewing the manner in which the amount is
expended, processing, monitoring the progress of the program
assisted, financial reporting, technical assistance, grant
adjustments, accounting, auditing, and fund disbursement.
``(3) Restriction.--A local correctional facility may not
use any amount of a grant under this section for land
acquisition or a construction project.
``(g) Reporting Requirement; Performance Review.--
``(1) Reporting requirement.--Not later than March 1 of
each year, each local correctional facility that receives a
grant under this section shall submit to the Attorney
General, through the State, a description and evaluation of
the jail-based substance abuse treatment program carried out
by the local correctional facility with the grant amount, in
such form and containing such information as the Attorney
General may reasonably require.
``(2) Performance review.--The Attorney General shall
conduct an annual review of each jail-based substance abuse
treatment program assisted under this section, in order to
verify the compliance of local correctional facilities with
the requirements of this section.
``(h) No Effect on State Allocation.--Nothing in this
section shall be construed to affect the allocation of
amounts to States under section 1904(a).''.
(c) Technical Amendment.--The table of contents for title I
of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3711 et seq.) is amended, in the matter relating to
part S, by adding at the end the following:
``1906. Jail-based substance abuse treatment.''.
Subtitle E--Safe School Security
SEC. 1655. SHORT TITLE.
This subtitle may be cited as the ``Safe School Security
Act of 1999''.
SEC. 1656. ESTABLISHMENT OF SCHOOL SECURITY TECHNOLOGY
CENTER.
(a) School Security Technology Center.--
(1) Establishment.--The Attorney General, the Secretary of
Education, and the Secretary of Energy shall enter into an
agreement for the establishment at the Sandia National
Laboratories, in partnership with the National Law
Enforcement and Corrections Technology Center--Southeast and
the National Center for Rural Law Enforcement, of a center to
be known as the ``School Security Technology Center''. The
School Security Technology Center shall be administered by
the Attorney General.
(2) Functions.--The School Security Technology Center shall
be a resource to local educational agencies for school
security assessments, security technology development,
[[Page S6149]]
technology availability and implementation, and technical
assistance relating to improving school security. The School
Security Technology Center shall also conduct and publish
research on school violence, coalesce data from victim
groups, and monitor and report on schools that implement
school security strategies.
(b) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section--
(1) $3,700,000 for fiscal year 2000;
(2) $3,800,000 for fiscal year 2001; and
(3) $3,900,000 for fiscal year 2002.
SEC. 1657. GRANTS FOR LOCAL SCHOOL SECURITY PROGRAMS.
Subpart 1 of part A of title IV of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7111 et seq.) is
amended by adding at the end the following:
``SEC. 4119. LOCAL SCHOOL SECURITY PROGRAMS.
``(a) In General.--
``(1) Grants authorized.--From amounts appropriated under
subsection (c), the Secretary shall award grants on a
competitive basis to local educational agencies to enable the
agencies to acquire security technology for, or carry out
activities related to improving security at, the middle and
secondary schools served by the agencies, including obtaining
school security assessments, and technical assistance, for
the development of a comprehensive school security plan from
the School Security Technology Center.
``(2) Application.--To be eligible to receive a grant under
this section, a local educational agency shall submit to the
Secretary an application in such form and containing such
information as the Secretary may require, including
information relating to the security needs of the agency.
``(3) Priority.--In awarding grants under this section, the
Secretary shall give priority to local educational agencies
that demonstrate the highest security needs, as reported by
the agency in the application submitted under paragraph (2).
``(b) Applicability.--The provisions of this part (other
than this section) shall not apply to this section.
``(c) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $10,000,000 for
each of fiscal years 2000, 2001, and 2002.''.
SEC. 1658. SAFE AND SECURE SCHOOL ADVISORY REPORT.
Not later than 1 year after the date of enactment of this
Act, the Attorney General, in consultation with the Secretary
of Education and the Secretary of Energy, or their designees,
shall--
(1) develop a proposal to further improve school security;
and
(2) submit that proposal to Congress.
Subtitle F--Internet Prohibitions
SEC. 1661. SHORT TITLE.
This subtitle may be cited as the ``Internet Firearms and
Explosives Advertising Act of 1999''.
SEC. 1662. FINDINGS; PURPOSE.
Congress finds the following:
(1) Citizens have an individual right, under the Second
Amendment to the United States Constitution, to keep and bear
arms. The Gun Control Act of 1968 and the Firearms Owners
Protection Act of 1986 specifically state that it is not the
intent of Congress to frustrate the free exercise of that
right in enacting Federal legislation. The free exercise of
that right includes law abiding firearms owners buying,
selling, trading, and collecting guns in accordance with
Federal, State, and local laws for whatever lawful use they
deem desirable.
(2) The Internet is a powerful information medium, which
has and continues to be an excellent tool to educate citizens
on the training, education and safety programs available to
use firearms safely and responsibly. It has, and should
continue to develop, as a 21st century tool for ``e-
commerce'' and marketing many products, including firearms
and sporting goods. Many web sites related to these topics
are sponsored in large part by the sporting firearms and
hunting community.
(3) It is the intent of Congress that this legislation be
applied where the Internet is being exploited to violate the
applicable explosives and firearms laws of the United States.
SEC. 1663. PROHIBITIONS ON USES OF THE INTERNET.
(a) In General.--Chapter 44 of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 931. Criminal firearms and explosives solicitations
``(a)(1) In General.--Any person who, in a circumstance
described in paragraph (2), knowingly makes, prints, or
publishes, or causes to be made, printed, or published, any
notice or advertisement seeking or offering to receive,
exchange, buy, sell, produce, distribute, or transfer--
``(A) a firearm knowing that such transaction, if carried
out as noticed or advertised, would violate subsection (a),
(d), (g), or (x) of section 922 of this chapter, or
``(B) explosive materials knowing that such transaction, if
carried out as noticed or advertised, would violate
subsection (a), (d), and (i) of section 842 of this title,
shall be punished as provided under subsection (b).
``(2) The circumstance referred to in paragraph (1) is
that--
``(A) such person knows or has reason to know that such
notice or advertisement will be transported in interstate or
foreign commerce by computer; or
``(B) such notice or advertisement is transported in
interstate or foreign commerce by computer.
``(b) Penalties.--Any individual who violates, or attempts
or conspires to violate, this section shall be fined under
this title or imprisoned not more than 1 year, and both, but
if such person has one prior conviction under this section,
or under the laws of any State relating to the same offense,
such person shall be fined under this title and imprisoned
for not more than 5 years, but if such person has 2 or more
prior convictions under this section, or under the laws of
any State relating to the same offense, such person shall be
fined under this title and imprisoned not less than 10 years
nor more than 20 years. Any organization that violates, or
attempts or conspires to violate, this section shall be fined
under this title. Whoever, in the course of an offense under
this section, engages in conduct that results in the death of
a juvenile, herein defined as an individual who has not yet
attained the age of 18 years, shall be punished by death, or
imprisoned for any term of years or for life.
``(c) Defenses.--It is an affirmative defense against any
proceeding involving this section if the proponent proves by
a preponderance of the evidence that--
``(1) the advertisement or notice came from--
``(A) a web site, notice or advertisement operated or
created by a person licensed--
``(i) as a manufacturer, importer, or dealer under section
923 of this chapter; or
``(ii) under chapter 40 of this title; and
``(B) the site, advertisement or notice, advised the person
at least once prior to the offering of the product, material
or information to the person that sales or transfers of the
product or information will be made in accord with Federal,
State and local law applicable to the buyer or transferee,
and such notice includes, in the case of firearms or
ammunition, additional information that firearms transfers
will only be made through a licensee, and that firearms and
ammunition transfers are prohibited to felons, fugitives,
juveniles and other persons under the Gun Control Act of 1968
prohibited from receiving or possessing firearms or
ammunition; or
``(2) the advertisement or notice came from--
``(A) a web site, notice or advertisement is operated or
created by a person not licensed as stated in paragraph (1);
and
``(B) the site, advertisement or notice, advised the person
at least once prior to the offering of the product, material
or information to the person that the sales or transfers of
the product or information--
``(i) will be made in accord with Federal, State and local
law applicable to the buyer or transferee, and such notice
includes, in the case of firearms or ammunition, that
firearms and ammunition transfers are prohibited to felons,
fugitives, juveniles and other persons under the Gun Control
Act of 1968 prohibited from receiving or possessing firearms
or ammunition; and
``(ii) as a term or condition for posting or listing the
firearm for sale or exchange on the web site for a
prospective transferor, the web site, advertisement or notice
requires that, in the event of any agreement to sell or
exchange the firearm pursuant to that posting or listing, the
firearm be transferred to that person for disposition through
a Federal firearms licensee, where the Gun Control Act of
1968 requires the transfer to be made through a Federal
firearms licensee.''.
(b) Technical and Conforming Amendment.--The analysis for
chapter 44 of title 18, United States Code, is amended by
inserting after the item relating to section 930 the
following:
``931. Criminal firearms and explosives solicitations.''.
SEC. 1664. EFFECTIVE DATE.
The amendments made by sections 1661-1663 shall take effect
beginning on the date that is 180 days after the enactment of
this Act.
Subtitle G--Partnerships for High-Risk Youth
SEC. 1671. SHORT TITLE.
This subtitle may be cited as the ``Partnerships for High-
Risk Youth Act''.
SEC. 1672. FINDINGS.
Congress finds that--
(1) violent juvenile crime rates have been increasing in
United States schools, causing many high-profile deaths of
young, innocent school children;
(2) in 1994, there were 2,700,000 arrests of persons under
age 18 (a third of whom were under age 15), up from 1,700,000
in 1991;
(3) while crime is generally down in many urban and
suburban areas, crime committed by teenagers has spiked
sharply over the past few years;
(4) there is no single solution, or panacea, to the problem
of rising juvenile crime;
(5) there will soon be over 34,000,000 teenagers in the
United States, which is 26 percent higher than the number of
such teenagers in 1990 and the largest number of teenagers in
the United States to date;
(6) in order to ensure the safety of youth in the United
States, the Nation should begin to explore innovative methods
of curbing the rise in violent crime in United States
schools, such as use of faith-based and grassroots
initiatives; and
(7)(A) a strong partnership among law enforcement, local
government, juvenile and family courts, schools, businesses,
charitable
[[Page S6150]]
organizations, families, and the religious community can
create a community environment that supports the youth of the
Nation and reduces the occurrence of juvenile crime; and
(B) the development of character and strong moral values
will--
(i) greatly decrease the likelihood that youth will fall
victim to the temptations of crime; and
(ii) improve the lives and future prospects of high-risk
youth and their communities.
SEC. 1673. PURPOSES.
The purposes of this subtitle are as follows:
(1) To establish a national demonstration project to
promote learning about successful youth interventions, with
programs carried out by institutions that can identify and
employ effective approaches for improving the lives and
future prospects of high-risk youth and their communities.
(2) To document best practices for conducting successful
interventions for high-risk youth, based on the results of
local initiatives.
(3) To produce lessons and data from the operating
experience from those local initiatives that will--
(A) provide information to improve policy in the public and
private sectors; and
(B) promote the operational effectiveness of other local
initiatives throughout the United States.
SEC. 1674. ESTABLISHMENT OF DEMONSTRATION PROJECT.
(a) In General.--The Attorney General shall establish and
carry out a demonstration project. In carrying out the
demonstration project, the Attorney General shall, subject to
the availability of appropriations, award a grant to Public-
Private Ventures, Inc. to enable Public-Private Ventures,
Inc. to award grants to eligible partnerships to pay for the
Federal share of the cost of carrying out collaborative
intervention programs for high-risk youth, described in
section 1676, in the following 12 cities:
(1) Boston, Massachusetts.
(2) New York, New York.
(3) Philadelphia, Pennsylvania.
(4) Pittsburgh, Pennsylvania.
(5) Detroit, Michigan.
(6) Denver, Colorado.
(7) Seattle, Washington.
(8) Cleveland, Ohio.
(9) San Francisco, California.
(10) Austin, Texas.
(11) Memphis, Tennessee.
(12) Indianapolis, Indiana.
(b) Federal Share.--
(1) In general.--The Federal share of the cost described in
subsection (a) shall be 70 percent.
(2) Non-federal share.--The non-Federal share of the cost
may be provided in cash.
SEC. 1675. ELIGIBILITY.
(a) In General.--To be eligible to receive a grant under
section 1674, a partnership--
(1) shall submit an application to Public-Private Ventures
Inc. at such time, in such manner, and containing such
information as Public-Private Ventures, Inc. may require;
(2) shall enter into a memorandum of understanding with
Public-Private Ventures, Inc.; and
(3)(A) shall be a collaborative entity that includes
representatives of local government, juvenile detention
service providers, local law enforcement, probation officers,
youth street workers, and local educational agencies, and
religious institutions that have resident-to-membership
percentages of at least 40 percent; and
(B) shall serve a city referred to in section 1674(a).
(b) Selection Criteria.--In making grants under section
1674, Public-Private Ventures, Inc. shall consider--
(1) the ability of a partnership to design and implement a
local intervention program for high-risk youth;
(2) the past experience of the partnership, and key
participating individuals, in intervention programs for youth
and similar community activities; and
(3) the experience of the partnership in working with other
community-based organizations.
SEC. 1676. USES OF FUNDS.
(a) Programs.--
(1) Core features.--An eligible partnership that receives a
grant under section 1674 shall use the funds made available
through the grant to carry out an intervention program with
the following core features:
(A) Target group.--The program will target a group of youth
(including young adults) who--
(i) are at high risk of--
(I) leading lives that are unproductive and negative;
(II) not being self-sufficient; and
(III) becoming incarcerated; and
(ii) are likely to cause pain and loss to other individuals
and their communities.
(B) Volunteers and mentors.--The program will make
significant use of volunteers and mentors.
(C) Long-term involvement.--The program will feature
activities that promote long-term involvement in the lives of
the youth (including young adults).
(2) Permissible services.--The partnership, in carrying out
the program, may use funds made available through the grant
to provide, directly or through referrals, comprehensive
support services to the youth (including young adults).
(b) Evaluation and Related Activities.--Using funds made
available through its grant under section 1674, Public-
Private Ventures, Inc. shall--
(1) prepare and implement an evaluation design for
evaluating the programs that receive grants under section
1674;
(2) conduct a quarterly evaluation of the performance and
progress of the programs;
(3) organize and conduct national and regional conferences
to promote peer learning about the operational experiences
from the programs;
(4) provide technical assistance to the partnerships
carrying out the programs, based on the quarterly
evaluations; and
(5) prepare and submit to the Attorney General a report
that describes the activities of the partnerships and the
results of the evaluations.
(c) Limitation.--Not more than 20 percent of the funds
appropriated under section 1677 for a fiscal year may be
used--
(1) to provide comprehensive support services under
subsection (a)(2);
(2) to carry out activities under subsection (b); and
(3) to pay for the administrative costs of Public-Private
Ventures, Inc., related to carrying out this subtitle.
SEC. 1677. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this
subtitle $4,000,000 for each of the fiscal years 2000 through
2004.
Subtitle H--National Youth Crime Prevention
SEC. 1681. SHORT TITLE.
This subtitle may be cited as the ``National Youth Crime
Prevention Demonstration Act''.
SEC. 1682. PURPOSES.
The purposes of this subtitle are as follows:
(1) To establish a demonstration project that establishes
violence-free zones that would involve successful youth
intervention models in partnership with law enforcement,
local housing authorities, private foundations, and other
public and private partners.
(2) To document best practices based on successful
grassroots interventions in cities, including Washington,
District of Columbia; Boston, Massachusetts; Hartford,
Connecticut; and other cities to develop methodologies for
widespread replication.
(3) To increase the efforts of the Department of Justice,
the Department of Housing and Urban Development, and other
agencies in supporting effective neighborhood mediating
approaches.
SEC. 1683. ESTABLISHMENT OF NATIONAL YOUTH CRIME PREVENTION
DEMONSTRATION PROJECT.
The Attorney General shall establish and carry out a
demonstration project. In carrying out the demonstration
project, the Attorney General shall, subject to the
availability of appropriations, award a grant to the National
Center for Neighborhood Enterprise (referred to in this
subtitle as the ``National Center'') to enable the National
Center to award grants to grassroots entities in the
following 8 cities:
(1) Washington, District of Columbia.
(2) Detroit, Michigan.
(3) Hartford, Connecticut.
(4) Indianapolis, Indiana.
(5) Chicago (and surrounding metropolitan area), Illinois.
(6) San Antonio, Texas.
(7) Dallas, Texas.
(8) Los Angeles, California.
SEC. 1684. ELIGIBILITY.
(a) In General.--To be eligible to receive a grant under
this subtitle, a grassroots entity referred to in section
1683 shall submit an application to the National Center to
fund intervention models that establish violence-free zones.
(b) Selection Criteria.--In awarding grants under this
subtitle, the National Center shall consider--
(1) the track record of a grassroots entity and key
participating individuals in youth group mediation and crime
prevention;
(2) the engagement and participation of a grassroots entity
with other local organizations; and
(3) the ability of a grassroots entity to enter into
partnerships with local housing authorities, law enforcement
agencies, and other public entities.
SEC. 1685. USES OF FUNDS.
(a) In General.--Funds received under this subtitle may be
used for youth mediation, youth mentoring, life skills
training, job creation and entrepreneurship, organizational
development and training, development of long-term
intervention plans, collaboration with law enforcement,
comprehensive support services and local agency partnerships,
and activities to further community objectives in reducing
youth crime and violence.
(b) Guidelines.--The National Center will identify local
lead grassroots entities in each designated city.
(c) Technical Assistance.--The National Center, in
cooperation with the Attorney General, shall also provide
technical assistance for startup projects in other cities.
SEC. 1686. REPORTS.
The National Center shall submit a report to the Attorney
General evaluating the effectiveness of grassroots agencies
and other public entities involved in the demonstration
project.
SEC. 1687. DEFINITIONS.
In this subtitle:
(1) Grassroots entity.--The term ``grassroots entity''
means a not-for-profit community organization with
demonstrated effectiveness in mediating and addressing youth
violence by empowering at-risk youth to become agents of
peace and community restoration.
(2) National center for neighborhood enterprise.--The term
``National Center for
[[Page S6151]]
Neighborhood Enterprise'' means a not-for-profit organization
incorporated in the District of Columbia.
SEC. 1688. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to
carry out this subtitle--
(1) $5,000,000 for fiscal year 2000;
(2) $5,000,000 for fiscal year 2001;
(3) $5,000,000 for fiscal year 2002;
(4) $5,000,000 for fiscal year 2003; and
(5) $5,000,000 for fiscal year 2004.
(b) Reservation.--The National Center for Neighborhood
Enterprise may use not more than 20 percent of the amounts
appropriated pursuant to subsection (a) in any fiscal year
for administrative costs, technical assistance and training,
comprehensive support services, and evaluation of
participating grassroots organizations.
Subtitle I--National Youth Violence Commission
SEC. 1691. SHORT TITLE.
This subtitle may be cited as the ``National Youth Violence
Commission Act''.
SEC. 1692. NATIONAL YOUTH VIOLENCE COMMISSION.
(a) Establishment of Commission.--There is established a
commission to be known as the National Youth Violence
Commission (hereinafter referred to in this subtitle as the
``Commission''). The Commission shall--
(1) be composed of 16 members appointed in accordance with
subsection (b); and
(2) conduct its business in accordance with the provisions
of this subtitle.
(b) Membership.--
(1) Persons eligible.--Except for those members who hold
the offices described under paragraph (2)(A), and those
members appointed under paragraph (2) (C)(ii) and (D)(iv),
the members of the Commission shall be individuals who have
expertise, by both experience and training, in matters to be
studied by the Commission under section 1693. The members of
the Commission shall be well-known and respected among their
peers in their respective fields of expertise.
(2) Appointments.--The members of the Commission shall be
appointed for the life of the Commission as follows:
(A) Four shall be appointed by the President of the United
States, including--
(i) the Surgeon General of the United States;
(ii) the Attorney General of the United States;
(iii) the Secretary of the Department of Health and Human
Services; and
(iv) the Secretary of the Department of Education.
(B) Four shall be appointed by the Speaker of the House of
Representatives, including--
(i) 1 member who meets the criteria for eligibility in
paragraph (1) in the field of law enforcement or crime
enforcement;
(ii) 1 member who meets the criteria for eligibility in
paragraph (1) in the field of school administration,
teaching, or counseling;
(iii) 1 member who meets the criteria for eligibility in
paragraph (1) in the field of parenting and family studies;
and
(iv) 1 member who meets the criteria for eligibility in
paragraph (1) in the field of child or adolescent psychology.
(C) Two shall be appointed by the Minority Leader of the
House of Representatives, including--
(i) 1 member who meets the criteria for eligibility in
paragraph (1) in the field of law enforcement or crime
enforcement; and
(ii) 1 member who is a recognized religious leader.
(D) Four shall be appointed by the Majority Leader of the
Senate, including--
(i) 1 member who meets the criteria for eligibility in
paragraph (1) in the field of law enforcement or crime
enforcement;
(ii) 1 member who meets the criteria for eligibility in
paragraph (1) in the field of school administration,
teaching, or counseling;
(iii) 1 member who meets the criteria for eligibility in
paragraph (1) in the social sciences; and
(iv) 1 member who is a recognized religious leader.
(E) Two shall be appointed by the Minority Leader of the
Senate, including--
(i) 1 member who meets the criteria for eligibility in
paragraph (1) in the field of school administration,
teaching, or counseling; and
(ii) 1 member who meets the criteria for eligibility in
paragraph (1) in the field of parenting and family studies.
(3) Completion of appointments; vacancies.--Not later than
30 days after the date of enactment of this Act, the
appointing authorities under paragraph (2) shall each make
their respective appointments. Any vacancy that occurs during
the life of the Commission shall not affect the powers of the
Commission, and shall be filled in the same manner as the
original appointment not later than 30 days after the vacancy
occurs.
(4) Operation of the commission.--
(A) Chairmanship.--The appointing authorities under
paragraph (2) shall jointly designate 1 member as the
Chairman of the Commission. In the event of a disagreement
among the appointing authorities, the Chairman shall be
determined by a majority vote of the appointing authorities.
The determination of which member shall be Chairman shall be
made not later than 15 days after the appointment of the last
member of the Commission, but in no case later than 45 days
after the date of enactment of this Act.
(B) Meetings.--The Commission shall meet at the call of the
Chairman. The initial meeting of the Commission shall be
conducted not later than 30 days after the later of--
(i) the date of the appointment of the last member of the
Commission; or
(ii) the date on which appropriated funds are available for
the Commission.
(C) Quorum; voting; rules.--A majority of the members of
the Commission shall constitute a quorum to conduct business,
but the Commission may establish a lesser quorum for
conducting hearings scheduled by the Commission. Each member
of the Commission shall have 1 vote, and the vote of each
member shall be accorded the same weight. The Commission may
establish by majority vote any other rules for the conduct of
the Commission's business, if such rules are not inconsistent
with this subtitle or other applicable law.
SEC. 1693. DUTIES OF THE COMMISSION.
(a) Study.--
(1) In general.--It shall be the duty of the Commission to
conduct a comprehensive factual study of incidents of youth
violence to determine the root causes of such violence.
(2) Matters to be studied.--In determining the root causes
of incidents of youth violence, the Commission shall study
any matter that the Commission determines relevant to meeting
the requirements of paragraph (1), including at a minimum--
(A) the level of involvement and awareness of teachers and
school administrators in the lives of their students and any
impact of such involvement and awareness on incidents of
youth violence;
(B) trends in family relationships, the level of
involvement and awareness of parents in the lives of their
children, and any impact of such relationships, involvement,
and awareness on incidents of youth violence;
(C) the alienation of youth from their schools, families,
and peer groups, and any impact of such alienation on
incidents of youth violence;
(D) the availability of firearms to youth, including any
illegal means by which youth acquire such firearms, and any
impact of such availability on incidents of youth violence;
(E) any impact upon incidents of youth violence of the
failure to execute existing laws designed to restrict youth
access to certain firearms, and the illegal purchase,
possession, or transfer of certain firearms;
(F) the effect upon youth of depictions of violence in the
media and any impact of such depictions on incidents of youth
violence; and
(G) the availability to youth of information regarding the
construction of weapons, including explosive devices, and any
impact of such information on incidents of youth violence.
(3) Testimony of parents and students.--In determining the
root causes of incidents of youth violence, the Commission
shall, pursuant to section 1694(a), take the testimony of
parents and students to learn and memorialize their views and
experiences regarding incidents of youth violence.
(b) Recommendations.--Based on the findings of the study
required under subsection (a), the Commission shall make
recommendations to the President and Congress to address the
causes of youth violence and reduce incidents of youth
violence. If the Surgeon General issues any report on media
and violence, the Commission shall consider the findings and
conclusions of such report in making recommendations under
this subsection.
(c) Report.--
(1) In general.--Not later than 1 year after the date on
which the Commission first meets, the Commission shall submit
to the President and Congress a comprehensive report of the
Commission's findings and conclusions, together with the
recommendations of the Commission.
(2) Summaries.--The report under this subsection shall
include a summary of--
(A) the reports submitted to the Commission by any entity
under contract for research under section 1694(e); and
(B) any other material relied on by the Commission in the
preparation of the Commission's report.
SEC. 1694. POWERS OF THE COMMISSION.
(a) Hearings.--
(1) In general.--The Commission may hold such hearings, sit
and act at such times and places, administer such oaths, take
such testimony, and receive such evidence as the Commission
considers advisable to carry out its duties under section
1693.
(2) Witness expenses.--Witnesses requested to appear before
the Commission shall be paid the same fees as are paid to
witnesses under section 1821 of title 28, United States Code.
(b) Subpoenas.--
(1) In general.--If a person fails to supply information
requested by the Commission, the Commission may by majority
vote request the Attorney General of the United States to
require by subpoena the production of any written or recorded
information, document, report, answer, record, account,
paper, computer file, or other data or documentary evidence
necessary to carry out the Commission's duties under section
1693. The Commission shall transmit to the Attorney General a
confidential, written request for the issuance of any such
subpoena. The Attorney General shall issue the requested
subpoena if the request is reasonable and consistent with the
Commission's duties under section 1693. A subpoena under this
paragraph may require the production of materials from any
place within the United States.
[[Page S6152]]
(2) Interrogatories.--The Commission may, with respect only
to information necessary to understand any materials obtained
through a subpoena under paragraph (1), request the Attorney
General to issue a subpoena requiring the person producing
such materials to answer, either through a sworn deposition
or through written answers provided under oath (at the
election of the person upon whom the subpoena is served), to
interrogatories from the Commission regarding such
information. The Attorney General shall issue the requested
subpoena if the request is reasonable and consistent with the
Commission's duties under section 1693. A complete recording
or transcription shall be made of any deposition made under
this paragraph.
(3) Certification.--Each person who submits materials or
information to the Attorney General pursuant to a subpoena
issued under paragraph (1) or (2) shall certify to the
Attorney General the authenticity and completeness of all
materials or information submitted. The provisions of section
1001 of title 18, United States Code, shall apply to any
false statements made with respect to the certification
required under this paragraph.
(4) Treatment of subpoenas.--Any subpoena issued by the
Attorney General under paragraph (1) or (2) shall comply with
the requirements for subpoenas issued by a United States
district court under the Federal Rules of Civil Procedure.
(5) Failure to obey a subpoena.--If a person refuses to
obey a subpoena issued by the Attorney General under
paragraph (1) or (2), the Attorney General may apply to a
United States district court for an order requiring that
person to comply with such subpoena. The application may be
made within the judicial district in which that person is
found, resides, or transacts business. Any failure to obey
the order of the court may be punished by the court as civil
contempt.
(c) Information From Federal Agencies.--The Commission may
secure directly from any Federal department or agency such
information as the Commission considers necessary to carry
out its duties under section 1693. Upon the request of the
Commission, the head of such department or agency may furnish
such information to the Commission.
(d) Information To Be Kept Confidential.--
(1) In general.--The Commission shall be considered an
agency of the Federal Government for purposes of section 1905
of title 18, United States Code, and any individual employed
by any individual or entity under contract with the
Commission under subsection (e) shall be considered an
employee of the Commission for the purposes of section 1905
of title 18, United States Code.
(2) Disclosure.--Information obtained by the Commission or
the Attorney General under this Act and shared with the
Commission, other than information available to the public,
shall not be disclosed to any person in any manner, except--
(A) to Commission employees or employees of any individual
or entity under contract to the Commission under subsection
(e) for the purpose of receiving, reviewing, or processing
such information;
(B) upon court order; or
(C) when publicly released by the Commission in an
aggregate or summary form that does not directly or
indirectly disclose--
(i) the identity of any person or business entity; or
(ii) any information which could not be released under
section 1905 of title 18, United States Code.
(e) Contracting for Research.--The Commission may enter
into contracts with any entity for research necessary to
carry out the Commission's duties under section 1693.
SEC. 1695. COMMISSION PERSONNEL MATTERS.
(a) Compensation of Members.--Each member of the Commission
who is not an officer or employee of the Federal Government
shall be compensated at a rate equal to the daily equivalent
of the annual rate of basic pay prescribed for level IV of
the Executive Schedule under section 5315 of title 5, United
States Code, for each day (including travel time) during
which such member is engaged in the performance of the duties
of the Commission. All members of the Commission who are
officers or employees of the United States shall serve
without compensation in addition to that received for their
services as officers or employees of the United States.
(b) Travel Expenses.--The members of the Commission shall
be allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of
business in the performance of service for the Commission.
(c) Staff.--
(1) In general.--The Chairman of the Commission may,
without regard to the civil service laws and regulations,
appoint and terminate an executive director and such other
additional personnel as may be necessary to enable the
Commission to perform its duties. The employment and
termination of an executive director shall be subject to
confirmation by a majority of the members of the Commission.
(2) Compensation.--The executive director shall be
compensated at a rate not to exceed the rate payable for
level V of the Executive Schedule under section 5316 of title
5, United States Code. The Chairman may fix the compensation
of other personnel without regard to the provisions of
chapter 51 and subchapter III of chapter 53 of title 5,
United States Code, relating to classification of positions
and General Schedule pay rates, except that the rate of pay
for such personnel may not exceed the rate payable for level
V of the Executive Schedule under section 5316 of such title.
(3) Detail of government employees.--Any Federal Government
employee, with the approval of the head of the appropriate
Federal agency, may be detailed to the Commission without
reimbursement, and such detail shall be without interruption
or loss of civil service status, benefits, or privilege.
(d) Procurement of Temporary and Intermittent Services.--
The Chairman of the Commission may procure temporary and
intermittent services under section 3109(b) of title 5,
United States Code, at rates for individuals not to exceed
the daily equivalent of the annual rate of basic pay
prescribed for level V of the Executive Schedule under
section 5316 of such title.
SEC. 1696. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Commission
and any agency of the Federal Government assisting the
Commission in carrying out its duties under this subtitle
such sums as may be necessary to carry out the purposes of
this subtitle. Any sums appropriated shall remain available,
without fiscal year limitation, until expended.
SEC. 1697. TERMINATION OF THE COMMISSION.
The Commission shall terminate 30 days after the Commission
submits the report under section 1693(c).
Subtitle J--School Safety
SEC. 1698. SHORT TITLE.
This subtitle may be cited as the ``School Safety Act of
1999''.
SEC. 1699. AMENDMENTS TO THE INDIVIDUALS WITH DISABILITIES
EDUCATION ACT.
(a) Placement in Alternative Educational Setting.--Section
615(k) of the Individuals with Disabilities Education Act (20
U.S.C. 1415(k)) is amended--
(1) in paragraph (1)(A)(ii)(I), by inserting ``(other than
a gun or firearm)'' after ``weapon'';
(2) by redesignating paragraph (10) as paragraph (11); and
(3) by inserting after paragraph (9) the following new
section:
``(10) Discipline with regard to guns or firearms.--
``(A) Authority of school personnel with respect to guns or
firearms.--
``(i) Notwithstanding any other provision of this Act,
school personnel may discipline (including expel or suspend)
a child with a disability who carries or possesses a gun or
firearm to or at a school, on school premises, or to or at a
school function, under the jurisdiction of a State or a local
educational agency, in the same manner in which such
personnel may discipline a child without a disability.
``(ii) Nothing in clause (i) shall be construed to prevent
a child with a disability who is disciplined pursuant to the
authority provided under clause (i) from asserting a defense
that the carrying or possession of the gun or firearm was
unintentional or innocent.
``(B) Free appropriate public education.--
``(i) Ceasing to provide education.--Notwithstanding
section 612(a)(1)(A), a child expelled or suspended under
subparagraph (A) shall not be entitled to continued
educational services, including a free appropriate public
education, under this title, during the term of such
expulsion or suspension, if the State in which the local
educational agency responsible for providing educational
services to such child does not require a child without a
disability to receive educational services after being
expelled or suspended.
``(ii) Providing education.--Notwithstanding clause (i),
the local educational agency responsible for providing
educational services to a child with a disability who is
expelled or suspended under subparagraph (A) may choose to
continue to provide educational services to such child. If
the local educational agency so chooses to continue to
provide the services--
``(I) nothing in this title shall require the local
educational agency to provide such child with a free
appropriate public education, or any particular level of
service; and
``(II) the location where the local educational agency
provides the services shall be left to the discretion of the
local educational agency.
``(C) Relationship to other requirements.--
``(i) Plan requirements.--No agency shall be considered to
be in violation of section 612 or 613 because the agency has
provided discipline, services, or assistance in accordance
with this paragraph.
``(ii) Procedure.--Actions taken pursuant to this paragraph
shall not be subject to the provisions of this section, other
than this paragraph.
``(D) Firearm.--The term `firearm' has the meaning given
the term under section 921 of title 18, United States
Code.''.
(b) Conforming Amendment.--Section 615(f)(1) of the
Individuals with Disabilities Education Act (20 U.S.C.
1415(f)(1)) is amended by striking ``Whenever'' and inserting
the following: ``Except as provided in section 615(k)(10),
whenever''.
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