S.254 - Violent and Repeat Juvenile Offender Accountability and Rehabilitation Act of 1999106th Congress (1999-2000)
|Sponsor:||Sen. Hatch, Orrin G. [R-UT] (Introduced 01/20/1999)|
|Latest Action:||Senate - 07/16/1999 Message received in Senate: Returned to the Senate pursuant to the provisions of H.Res. 249. (All Actions)|
|Roll Call Votes:||There have been 32 roll call votes|
This bill has the status Passed Senate
Here are the steps for Status of Legislation:
- Passed Senate
Summary: S.254 — 106th Congress (1999-2000)All Information (Except Text)
Passed Senate amended (05/20/1999)
TABLE OF CONTENTS:
Title I: Juvenile Justice Reform
Title II: Juvenile Gangs
Title III: Juvenile Crime Control, Accountability, and
Subtitle A: Reform of the Juvenile Justice and
Delinquency Prevention Act of 1974
Subtitle B: Accountability for Juvenile Offenders and
Public Protection Incentive Grants
Subtitle C: Alternative Education and Delinquency
Title IV: Voluntary Media Agreements for Children's
Subtitle A: Children and the Media
Subtitle B: Other Matters
Title V: General Firearm Provisions
Title VI: Restricting Juvenile Access to Certain Firearms
Title VII: Assault Weapons
Title VIII: Effective Gun Law Enforcement
Subtitle A: Criminal Use of Firearms by Felons
Subtitle B: Apprehension and Treatment of Armed Violent
Subtitle C: Youth Crime Gun Interdiction
Subtitle D: Gun Prosecution Data
Subtitle E: Firearms Possession by Violent Juvenile
Subtitle F: Juvenile Access to Certain Firearms
Subtitle G: General Firearm Provisions
Title IX: Enhanced Penalties
Title X: Child Handgun Safety
Title XI: School Safety and Violence Prevention
Title XII: Teacher Liability Protection Act
Title XIII: Violence Prevention Training For Early Childhood
Title XIV: Preventing Juvenile Delinquency Through Character
Title XV: Violent Offender DNA Identification Act of 1999
Title XVI: Miscellaneous Provisions
Subtitle A: General Provisions
Subtitle B: James Guelff Body Armor Act
Subtitle C: Animal Enterprise Terrorism and
Subtitle D: Jail-Based Substance Abuse
Subtitle E: Safe School Security
Subtitle F: Internet Prohibitions
Subtitle G: Partnerships for High-Risk Youth
Subtitle H: National Youth Crime Prevention
Subtitle I: National Youth Violence Commission
Subtitle J: School Safety
Violent and Repeat Juvenile Offender Accountability and Rehabilitation Act of 1999 - Title I: Juvenile Justice Reform - Replaces provisions of the Federal criminal code (the code) regarding the surrender authorities of juveniles arrested for the commission of general offenses with a provision that whenever a person under age 18 has been 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 (DC), the U.S. Attorney for the district in which such person has been arrested may forego prosecution if, after investigation, 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 DC can and will assume jurisdiction over such juvenile and will take the juvenile into custody and deal with the juvenile in accordance with State or DC law, applicable; and (3) it is in the best interests of the United States and the juvenile offender.
(Sec. 102) Authorizes juveniles age 14 years or older to be tried as adults, with an exception involving Indian country, at the discretion of the U.S. Attorney, in Federal district court for violations of Federal law which are serious violent felonies or serious drug offenses or which are other felony offenses, if the U.S. Attorney certifies that there is a substantial Federal interest to warrant the exercise of Federal jurisdiction or that the ends of justice otherwise so require. Authorizes the U.S. Attorney (or in the case of certain felony offenses, the Attorney General), upon declining prosecution of the charged person as a juvenile, to refer the matter to the appropriate legal authorities of the State or Indian tribe with jurisdiction over both the offense and the juvenile.
Directs the U.S. Attorney in the appropriate jurisdiction (or in the case of certain felony offenses, the Attorney General), in cases of concurrent jurisdiction between the Federal Government and a State or Indian tribe over both the offense and the juvenile, to exercise a presumption in favor of referral unless the U.S. Attorney (or Attorney General) certifies that: (1) the prosecuting authority or the juvenile court or other appropriate court of the State or Indian tribe refuses, declines, or will refuse or decline to assume jurisdiction over the conduct or the juvenile; and (2) there is a substantial Federal interest in the case or the offense to warrant the exercise of Federal jurisdiction.
Authorizes a juvenile to be prosecuted and convicted as an adult for an offense that is properly joined under the Federal Rules of Criminal Procedure with a Federal offense that is a serious violent felony or serious drug offense, or that is a conspiracy or attempt to commit such offense. Permits conviction of a lesser included offense.
Makes a determination to approve or not to approve, or to institute or not to institute, such a prosecution unreviewable. Directs the court in which criminal charges have been filed in such prosecution, if the juvenile was less than age 16 at the time of the offense, or in the case of certain felonies, upon motion of the defendant and after a hearing, to determine whether to issue an order to provide for the transfer of the defendant to juvenile status for purposes of proceeding against the defendant. Bars a motion by a defendant from being considered unless it is filed within 30 days after the date on which the defendant appears through counsel to answer an indictment or expressly waives the right to counsel and elects to proceed pro se.
Prohibits the court from ordering the transfer of a defendant to juvenile status unless the defendant establishes by clear and convincing evidence or information that removal to juvenile status would be in the interest of justice. Sets forth provisions regarding status of orders, inadmissibility of evidence, and applicable procedures.
Subjects juveniles prosecuted as adults in U.S. district court to the same procedures and penalties as adults, except that no person under age 18 shall be subject to the death penalty. Makes mandatory restitution provisions applicable to juveniles tried as adults for specified offenses. Grants the U.S. Attorney (or, as appropriate, the Attorney General), in making determinations concerning juvenile arrest or prosecution, complete access to prior Federal and State (if permitted by State law) juvenile records.
Specifies that certification regarding the trial of a juvenile as an adult 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 under age 15 at the time of the offense and is alleged to have committed an offense for which there would be Federal jurisdiction solely based on commission of the offense in Indian country, 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 take place.
Requires the court, in the case of a defendant convicted for conduct that occurred before the juvenile attained age 16, to impose a sentence without regard to any statutory minimum sentence upon finding 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.
Directs the United States Sentencing Commission (the Commission) to: (1) amend the Federal sentencing guidelines to require that prior juvenile convictions and adjudications for crimes of violence, controlled substance offenses, any other offense for which the defendant received a sentence or disposition of imprisonment for one year or more, and any other offense punishable by a term of imprisonment of more than one year for which the defendant was prosecuted as an adult, receive a criminal history score for any juvenile offender being sentenced as an adult 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 had been imposed or served within 15 years; (2) determine whether the criminal history treatment of juvenile adjudications or convictions for other offenses should be similarly adjusted and make any additional guideline amendments necessary; (3) assign criminal history points for juvenile adjudication based principally on the nature of the acts committed (and authorizes adjusting the score in light of the length of sentence the juvenile received); (4) submit emergency guidelines or amendments to Congress; and (5) amend the guidelines to provide for inclusion in any determination regarding whether a juvenile or adult defendant is a career offender, and in 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 if committed by the defendant as an adult.
(Sec. 104) Modifies code provisions regarding custody prior to appearance before a magistrate to direct that: (1) the arresting officer notify the U.S. Attorney of the appropriate jurisdiction as soon as practicable and promptly take reasonable steps to notify the juvenile's parents, guardian, or custodian of custody; and (2) the juvenile not be subject to detention under conditions that permit prohibited physical contact or sustained oral communication with adult inmates.
(Sec. 105) Provides for pretrial detention of juveniles tried as adults on the same basis as adults. Prohibits the pretrial or predisposition detention of juveniles with adults.
(Sec. 106) Extends the period in which the trial of a juvenile in detention must be commenced from 30 to 70 days after the beginning of detention. Applies in juvenile cases the same tolling provisions for such time period that apply in adult prosecutions. Directs the court, in determining whether an information should be dismissed with or without prejudice, to 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 re-prosecution on the administration of justice.
(Sec. 107) Revises code provisions regarding the sentencing of juveniles found to be delinquent but not tried as adults to direct the court to hold a dispositional hearing within 40 court days after the finding of delinquency, unless the court has ordered further study.
Requires: (1) a predisposition report to 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; (2) victim impact information to be included in the report; (3) victims or their official representatives to be provided the opportunity to make a statement to the court or present information in relation to the disposition; and (4) the court to place the juvenile on probation or commit the juvenile to official detention and to impose any fine that would be authorized if the juvenile had been tried and convicted as an adult. Directs the court to enter an order of restitution. Requires that any such imprisonment be terminated on the juvenile's 26th birthday and prohibits a juvenile sentenced to a term of imprisonment from being released from custody simply because the juvenile reaches age 18.
(Sec. 108) Rewrites code provisions regarding the use of juvenile records to permit disclosure to unauthorized persons of the records of a juvenile proceeding and release of such records only to the extent necessary for specified purposes, including (subject to specified requirements): (1) docketing and processing by the court; (2) responding to inquiries from courts, law enforcement agencies, the director of certain treatment agencies or facilities, and victims and their immediate family; and (3) communicating with a victim or the victim's official representative.
Sets forth provisions regarding: (1) records transmission to, and maintenance by, the Federal Bureau of Investigation (FBI); (2) availability of records to schools in limited circumstances; (3) notification of the juvenile, and the juvenile's parent or guardian, of the juvenile's rights vis-a-vis adjudication record; and (4) records of juveniles tried as adults. Authorizes a juvenile to petition the court after five years to have a juvenile record (with an exception) removed from the FBI database upon establishing by clear and convincing evidence that the juvenile is no longer a danger to the community.
(Sec. 109) Revises code provisions regarding juvenile commitment to require the sentence for a juvenile who is adjudicated delinquent or found guilty of an offense in U.S. district court to be carried out in the same manner as for an adult defendant, with exceptions. Specifies that the parent, guardian, or custodian of a juvenile sentenced to pay a fine or ordered to pay restitution or a special assessment may not be made liable for such payment by any court. Prohibits a juvenile under age 18 who is committed to the custody of the Attorney General for incarceration from being placed or retained in any jail or correctional institution in which the juvenile has prohibited physical contact with an adult inmate or can engage in sustained oral communication with adult inmates. Directs that violent juveniles be kept separate from nonviolent juveniles.
Requires the Attorney General to: (1) commit a juvenile to a foster home or community-based facility located in or near the juvenile's home community if such commitment is practicable, in the juvenile's best interest, and consistent with community safety, with an exception; and (2) study and report to Congress on the capabilities of Indian tribal courts and criminal justice systems relating to the prosecution of juvenile criminals under tribal jurisdiction; and (3) evaluate an expansion of tribal court criminal jurisdiction.
(Sec. 110) Extends the jurisdiction of Federal magistrate judges to class A misdemeanors. Permits magistrate judges to impose terms of imprisonment on juveniles.
(Sec. 111) Amends the Sentencing Reform Act to: (1) apply Federal sentencing guidelines regarding maximum penalties for violent crimes and serious drug crimes to juveniles tried as adults; and (2) direct the Commission, by affirmative vote of not fewer than four of its members, to promulgate and distribute to all U.S. courts and to the U.S. Probation System guidelines for sentencing juveniles tried as adults in Federal court and for dispositional hearings for juveniles adjudicated delinquent in the Federal system.
(Sec. 112) Directs the Attorney General to conduct a study of the juvenile justice systems of Indian tribes, and to report to specified congressional committees.
Title II: Juvenile Gangs - Prohibits and sets penalties for recruiting or soliciting persons to be or to remain as a member of a criminal street gang with the intent that the person being recruited or solicited participate in: (1) a Federal felony involving a controlled substance for which the maximum penalty is not less than five years; (2) a Federal felony crime of violence that has as an element the use or attempted use of physical force against another; and (3) a conspiracy to commit either offense.
(Sec. 202) Amends: (1) the Controlled Substances Act (CSA) to increase penalties for employing or using persons under age 18 in drug operations; and (2) the code to set penalties for the use of minors to commit a Federal offense that is a crime of violence, or to assist in avoiding detection or apprehension for such offense.
(Sec. 204) Amends the code to redefine "criminal street gang" to consist of an ongoing group, club, organization, or association of three persons, whether formal or informal, that has as one of its primary purposes or activities the commission of one or more of specified criminal offenses, and which meets other specified requirements. Provides for criminal forfeiture by persons convicted of such gang offenses for CSA violations. Expands the list of violations covered by criminal street gang provisions.
(Sec. 205) Authorizes the Attorney General to designate "high intensity interstate gang activity areas." Authorizes appropriations. Sets forth allocation formulas.
(Sec. 206) Increases penalties for using physical force to tamper with witnesses, victims, or informants.
(Sec. 207) Amends the Violent Crime Control and Law Enforcement Act of 1994 (VCCLEA) to authorize the use of community-based justice grants for prosecutors to allow the hiring of additional prosecutors and to provide funding to: (1) enable prosecutors to address drug, gang, and youth violence problems more effectively; (2) assist prosecutors with funding for technology, equipment, and training to assist prosecutors in reducing the incidence, and increase the successful identification and speed of prosecution, of young violent offenders; and (3) assist prosecutors in their efforts to engage in community prosecution, problems solving, and conflict resolution techniques through specified collaborative efforts. Reauthorizes appropriations.
(Sec. 208) Directs the Commission: (1) to amend the sentencing guidelines to provide an appropriate enhancement for any Federal offense with respect to participation in criminal street gang 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 gang at the time of the offense; and (2) in determining an appropriate enhancement, to 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.
(Sec. 209) Amends Travel Act provisions regarding interstate and foreign travel or transportation in aid of racketeering enterprises to prohibit and set penalties for travel with intent to commit a crime of violence to further any unlawful activity. Expands the definition of "unlawful activity" to include the use of threats to delay or influence the testimony of or prevent from testifying a witness in a State criminal proceeding.
Directs the Commission to provide an appropriate: (1) increase in the offense levels for traveling in interstate or foreign commerce in aid of unlawful activity; and (2) enhancement for a person who recruits or solicits 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 another to be or to remain a member.
(Sec. 210) Makes serious juvenile drug offenses predicates to a violation of the Armed Career Criminal Act. Amends the Brady Handgun Violence Prevention Act to provide for a minimum three year term of imprisonment for transferring a firearm knowing that it will be used to commit a crime of violence if the transferee is under age 18.
(Sec. 211) Amends the code to authorize the use of a clone pager (a numeric display device that receives communications intended for another numeric display paging device) in appropriate Federal investigative or law enforcement circumstances.
Directs a provider of clone pagers, upon request of a Government attorney or law enforcement officer authorized to use such a device, to furnish to such attorney or officer all information, facilities, and technical assistance necessary to accomplish the use of such pager unobtrusively and with a minimum of interference with the paging services provided.
Amends provisions regarding the use of pen registers and trap and trace devices to cover the use of clone pagers.
Authorizes any U.S. attorney or authorized State investigative or law enforcement officer to apply for the use of a clone pager.
Directs the court to enter into an ex parte order authorizing the installation and use of a clone pager if the court finds probable cause to believe that information relevant to an ongoing criminal investigation will be obtained. Limits such order to 30 days, with extensions for good cause shown. Requires the applicant to report to the issuing court the number of pager messages acquired through the use of the clone pager during such period. Requires: (1) the nondisclosure of the existence of an order authorizing clone pager use during the period covered by the order; and (2) after such period, notification to the party whose messages were acquired that an order authorizing such use was issued by such court.
Title III: Juvenile Crime Control, Accountability, and Delinquency Prevention - Subtitle A: Reform of the Juvenile Justice and Delinquency Prevention Act of 1974 - Rewrites provisions of the Juvenile Justice and Delinquency Prevention Act of 1974 (JJDPA) to establish in the Department of Justice (DOJ) an Office of Juvenile Crime Control and Prevention, headed by an Administrator.
Directs the Administrator to develop objectives, priorities, and short- and long-term plans, and implement overall policy and 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 U.S. juvenile justice system.
Authorizes the Administrator to make grants to eligible States to provide financial assistance to eligible entities to carry out projects designed to prevent juvenile delinquency, including educational projects or supportive services for juveniles to encourage juveniles to remain in elementary and secondary schools or in alternative learning situations in educational settings, 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, projects that expand the use of probation officers, and 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.
Authorizes the Administrator to make grants to Indian tribes and national, statewide, or community-based, nonprofit organizations in crime prone areas (such as Boys and Girls Clubs) for purposes of providing: (1) constructive activities to youth during after school hours, weekends, and school vacations; (2) supervised activities in safe environments to youth in those areas; and (3) anti-alcohol and other drug education to prevent alcohol and other drug abuse among youth.
Directs the Administrator to make CRISIS (confidential reporting of individuals suspected of imminent school violence) grants to support the independent State development and operation of confidential, toll-free telephone hotlines for the reporting of specific threats and suspicious or criminal conduct by juveniles to appropriate State and local law enforcement entities for investigation, and for related purposes.
Authorizes the Administrator to make grants to States and local governments to assist them in planning, establishing, operating, coordinating, and evaluating projects 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.
Sets forth provisions regarding State plans (which, among other things, shall provide for court supervised initiatives that address the illegal possession of firearms by juveniles, and programs for positive youth development that provide delinquent and at-risk youth with an ongoing relationship with a caring adult, safe places and structured activities during nonschool hours, a healthy start, a marketable skill, and an opportunity to give back through community service).
Establishes within the National Institute of Justice a National Institute for Juvenile Crime Control and Delinquency Prevention, which shall provide: (1) for the rigorous and independent evaluation of delinquency and youth violence prevention programs funded under this title; and (2) funding for new research on the nature, causes, and prevention of juvenile violence and juvenile delinquency.
Authorizes the Administrator to: (1) transfer funds to and enter into agreements with the Bureau of Justice Statistics (or, subject to approval, to another Federal agency) to undertake statistical work in juvenile justice matters; and (2) plan and identify the purposes and goals of each grant made or agreement entered into under this title.
Authorizes the Administrator to: (1) conduct, encourage, and coordinate research and evaluation into any aspect of juvenile delinquency, and to establish or expand specified programs; (2) provide technical assistance and training assistance; (3) establish a training program regarding methods and techniques for the prevention and treatment of juvenile delinquency; and (4) conduct a study on the effect of incarceration on status offenders and report to specified congressional committee members.
Sets forth provisions regarding application requirements, considerations for application approval, and the selection and review process.
Directs the National Institutes of Health (NIH) to conduct a study of the effects of violent video games and music on child development and youth violence.
Requires the Administrator to make grants to or enter into contracts with public and private nonprofit agencies, organizations, and institutions to establish and support programs and activities that: (1) involve families and communities and that are designed to carry out specified purposes, such as preventing and reducing juvenile participation in the activities of gangs that commit crimes, targeting elementary school students in steering students away from gang involvement, and providing treatment to juvenile gang members; and (2) reduce juvenile participation in illegal gang activities, develop regional task forces involving State, local, and community-based organizations to coordinate gang disruption, prosecution, and curtailment, facilitate coordination and cooperation among specified agencies and community-based programs, and support programs that are designed to encourage courts to develop and implement a specified continuum of post-adjudication restraints, and assist in the provision by the Administrator of information and technical assistance to States in the design and utilization of risk assessment mechanisms to aid juvenile justice personnel in determining appropriate sanctions for delinquent behavior.
Authorizes the Administrator to make grants to, and enter into contracts with, States, local governments, Indian tribal governments, public and private nonprofit agencies, organizations, and institutions, 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.
Directs the Administrator to make grants to: (1) local education agencies and nonprofit organizations to establish and support programs and activities for the purpose of implementing mentoring programs; and (2) 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. Authorizes the Administrator, in cooperation with the Secretary of Agriculture, to make grants to cooperative extension services to reduce the incidence of juvenile crime and delinquency among at-risk youth.
Authorizes the Administrator to make grants to qualified national organizations 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.
Authorizes appropriations through FY 2004. Makes religious nondiscrimination provisions of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 applicable to a State or local government exercising its authority to distribute grants to applicants under this title. Sets forth restrictions on the use of appropriations for experimentation on individuals, construction by private agencies, lobbying, and legal action against Federal, State, or local agencies, institutions, or employees. Sets penalties for violations.
Repeals provisions regarding incentive grants for local delinquency prevention programs.
(Sec. 303) Amends the Runaway and Homeless Youth Act (the Act) to: (1) include findings that it is the responsibility of the Federal Government to assist in the development of an accurate national reporting system on runaway and homeless youth and that services for such youth are needed in urban, suburban, and rural areas; (2) authorize the Secretary of Health and Human Services (the Secretary) to make grants to public and nonprofit private entities to establish and operate local centers to provide services for such youth and their families; (3) require a grant applicant, to be eligible for assistance, to include assurances that the applicant shall submit an annual report that includes, with respect to the year for which the report is submitted, statistical summaries describing the number and the characteristics of such youth and youth at risk of family separation who participated in the project and the services provided to such youth by the project; and (4) modify the services that applicants must plan to provide in order to use grant money for street-based, home-based, and drug abuse education and prevention services.
Revises Act provisions regarding: (1) approval of applications to direct the Secretary to consider the geographical distribution in the State of the proposed services and which areas of the State have the greatest need for such services, and to give priority to eligible applicants who have demonstrated experience in providing services to runaway and homeless youth and who request grants of less than $200,000; (2) authority for the transitional living grant program to repeal definitions of "homeless youth" and "transitional living youth project"; (3) eligibility for assistance by stating that the annual report submitted by grant applicants to the Secretary must include statistical summaries describing the number and characteristics of the services provided to the homeless youth;(4) coordination by the Secretary of the activities of the Department of Health and Human Services with respect to matters relating to the health, education, employment, and housing of runaway and homeless youth; and (5) authority to make grants for research, demonstration, and service projects to repeal references to home-based and street based services from the research and demonstration projects.
Repeals provisions of the Act directing that assistance to potential grantees include information on the need for the establishment of additional runaway and homeless youth centers in the geographical area identified by the potential grantee involved.
Amends the Act to require the Secretary, by April 1, 2000, and biennially thereafter, to submit to specified congressional committees a report on the status, activities, and accomplishments of entities that receive grants under the Act. Lists information that must be included in the report. Requires the Secretary to include summaries of the Secretary's evaluations of grantees and descriptions of the qualifications and training of the individuals administering the evaluations.
Authorizes appropriations under such Act through FY 2004. Sets forth the division of appropriations among the programs.
Authorizes the Secretary to make grants to nonprofit private agencies to provide 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. Directs the Secretary to give priority to nonprofit private agencies that have experience in providing services to runaway and homeless, and street youth.
Authorizes appropriations through FY 2004.
(Sec. 304) Amends the Missing Children's Assistance Act to direct the Administrator of the Office of Juvenile Justice and Delinquency Prevention (OJJDP) to annually make a grant to the National Center for Missing and Exploited Children, which shall be used to: (1) 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 age 13 or younger whose whereabouts are unknown to such child's legal custodian, and request information pertaining to procedures necessary to reunite such child with the child's legal custodian; (2) coordinate the operation of such telephone line with the operation of the national communications system referred to in the Runaway and Homeless Youth Act; (3) operate the official national resource center and information clearinghouse for missing and exploited children; (4) provide to State and local governments, public and private nonprofit agencies, and individuals, information regarding 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 the existence and nature of programs being carried out by Federal agencies to assist missing and exploited children and their families; (5) coordinate public and private programs that locate, recover, or reunite missing children with their families; (6) disseminate, on a national basis, information relating to innovative and model programs, services, and legislation that benefit missing and exploited children; (7) 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 (8) provide assistance to families and law enforcement agencies in locating and recovering missing and exploited children, both nationally and internationally. Authorizes appropriations through FY 2004.
Requires the Administrator, either by making grants to or entering into contracts with public or nonprofit private agencies, to: (1) periodically conduct national incidence studies to determine for a given year the actual number of children reported missing each year, abducted by strangers, kidnaped by parents, and 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.
Authorizes the Administrator to make grants to and enter contracts with the Center for specified purposes, such as for research, demonstration projects, or service programs designed to assist in the locating and return of missing children. (Currently, such grants or contracts may only be made with public or nonprofit private organizations, or combinations thereof.) Authorizes appropriations through FY 2004.
(Sec. 305) Transfers functions and allocates appropriations and personnel to the new Office of Juvenile Crime Control and Prevention.
Subtitle B: Accountability for Juvenile Offenders and Public Protection Incentive Grants - Amends the Omnibus Crime Control and Safe Streets Act of 1968 (Safe Streets Act) to direct the Attorney General, subject to the availability of appropriations, to make grants to States for use by States and local governments in planning, establishing, operating, coordinating, and evaluating projects for the development of more effective investigation, prosecution, and punishment 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 associated with juvenile crime or delinquency. Sets forth provisions regarding use of grants, State grant allocation and distribution, grant allocation among qualifying States and restrictions on use, and grants to Indian tribes.
Directs the Attorney General, upon application from a State, to makes grants to eligible States that maintain certain records regarding juvenile criminal history and fingerprints and that will establish procedures by which an official of an elementary, secondary, and post-secondary school may, as appropriate, gain access to the juvenile adjudication record of a student enrolled or seeking to enroll at that school.
Authorizes the Attorney General to make grants to States and local governments to assist State and local courts with juvenile offender dockets.
(Sec. 322) Directs the Attorney General to establish a pilot 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. Sets forth program requirements.
(Sec. 324) Extends the Violent Crime Reduction Trust Fund under the VCCLEA.
(Sec. 325) Amends: (1) the Immigration Reform and Control Act of 1986 to provide for the reimbursement of States for costs of incarcerating juvenile aliens; and (2) the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to require annual reporting of the number of illegal juvenile aliens committed to State or local juvenile correctional facilities.
Subtitle C: Alternative Education and Delinquency Prevention - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to direct: (1) the Secretary of Education to make grants to State or local education agencies for not less than ten demonstration projects that enable the agencies to develop models for and carry out alternative education for at-risk youth; and (2) each agency receiving such a grant to enter into a partnership with a private sector entity to provide alternative educational services to at-risk youth.
Sets forth application, grantee selection, matching, and evaluation requirements. Authorizes appropriations through FY 2003.
Subtitle D: Parenting as Prevention - Parenting as Prevention Act - Directs the Secretary to establish a parenting support and education program.
(Sec. 343) Directs the Secretary to: (1) establish a National Parenting Support and Education Commission to identify the best practices for parenting and to provide practical parenting advice for parents and care givers based on the best available research data; and (2) make allotments to eligible States to support parenting support and training programs (and directs the Governor of each State, to be eligible to receive Federal funding, to appoint a State Parenting Support and Education Council, to conduct a needs and resources assessment of parenting support and education programs in the State). Authorizes appropriations.
(Sec. 345) Directs the Secretary to award grants, and enter into contracts or cooperative agreements to public land nonprofit private entities, 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. Authorizes appropriations.
Title IV: Voluntary Media Agreements for Children's Protection - Subtitle A: Children and the Media - Children's Protection Act of 1999 - Makes the antitrust laws inapplicable to any joint discussion, consideration, review, action, or agreement (discussion) by or among persons in the entertainment industry for the purpose of developing and disseminating voluntary guidelines designed to: (1) 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) promote telecast material that is educational, informational, or otherwise beneficial to the development of children. Makes such exemption inapplicable to any such discussion which results in a boycott or concerns the purchase or sale of advertising.
(Sec. 405) Makes the antitrust laws inapplicable to any such discussion between or among persons in the motion picture, recording, or video game industry for the purpose, and limited to the development or enforcement, of voluntary guidelines, procedures, and mechanisms designed to ensure compliance by specified persons or entities (retail sellers of motion pictures, recordings, or video games, and theater owners or operators, video game arcade owners or operators, or other persons or entities that make available the viewing, listening, or use of a motion picture, recording, or video game to a member of the general public for compensation) with ratings and labeling systems to identify and limit dissemination of sexual, violent, or other indecent material to children. Sets forth reporting requirements.
Subtitle B: Other Matters - Directs the Federal Trade Commission (FTC) and the Attorney General to jointly conduct a study of the marketing practices of the motion picture, recording, and video-personal personal computer game industries. Sets forth reporting requirements.
Title V: General Firearm Provisions - Amends the Brady Act to authorize a person who is engaged in the business of dealing in firearms by buying or selling firearms solely or primarily at gun shows, or buying or selling firearms as part of a gunsmith or firearm repair business or the conduct of other activity that would otherwise require a license, and desires to have access to the National Instant Check System, to submit to the Secretary of the Treasury an application for a special license, subject to specified requirements. Requires the Secretary to approve or disapprove an application within 60 days of receipt. Entitles licensees to conduct business during a three-year period.
Authorizes a person not licensed under the code (other than a licensed collector) who wishes to perform instant background checks for purposes of meeting Brady Act requirements at a gun show to submit to the Secretary an application for a special registration. Requires such an application to include the applicant's photograph and fingerprints, and to meet specified requirements. Sets forth provisions regarding application approval, and the time period for approval or disapproval.
Authorizes a person not licensed under the code 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 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: (1) the name, age, address, and other identifying information of the prospective transferee; and (2) proof of verification of the identity of the prospective transferee.
Requires the special registrant to: (1) make inquiry of the national instant background check system concerning the prospective transferee in accordance with established procedures; (2) receive the response from the system; (3) 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; (4) provide the response to the transferor; and (5) 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 applicable appeal rights. Sets forth recordkeeping requirements.
Sets forth provisions regarding the inadmissibility of evidence regarding the use or non-use by a transferor of the services of a special registrant. Grants immunity to a special registrant from a civil action for damages resulting from the criminal or unlawful misuse of the firearm by the transferee or a third party. Sets penalties for violations of this title.
(Sec. 502) Revises provisions regarding the conduct of firearms transactions at a temporary location (i.e., 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) to provide that a gun show or event shall qualify as a temporary location if the show or event: (1) is sponsored by an entity to foster the collecting, competitive or sporting use, or any other legal use of firearms; and (2) has 20 percent or more firearm exhibitors out of all exhibitors.
Limits any inspection or examination of inventory or records by the Secretary at a temporary location to inventory consisting of, or records relating to, firearms held or disposed at the temporary location.
(Sec. 503) Amends the Federal judicial code to prohibit an officer, employee, or agent of the United States, including a State or local officer or employee acting on behalf of the United States, from charging or collecting any fee in connection with a background check required in connection with the transfer of a firearm. Grants persons aggrieved by a violation of this section to sue for actual and punitive damages and such other remedies as the court may deem appropriate, including a reasonable attorney's fee.
Amends the code to prohibit an officer, employee, or agent of the United States, including a State or local officer or employee acting on behalf of the United States, from: (1) performing any national instant criminal background check on any person through the system established under the Brady Act if the system does not require and result in the immediate destruction of all information concerning any person determined not to be prohibited from receiving a firearm; and (2) continuing to operate the system unless the national instant check system index complies with specified Federal requirements, and does not invoke certain exceptions except if specifically identifiable information is compiled for a particular law enforcement investigation or specific criminal enforcement matter. Grants persons aggrieved by a violation of this section to sue for actual and punitive damages and such other remedies as the court may deem appropriate, including a reasonable attorney's fee.
Repeals a provision of the Treasury and General Governmental Appropriations Act, 1999 prohibiting the use of funds appropriated pursuant to such Act or any other provision of law from being used for any system to implement the Brady Act's national instant criminal background check system unless the system allows, in connection with a person's delivery of a firearm to a Federal firearms licensee as collateral for a loan, the background check to be performed at the time the collateral is offered for delivery to such licensee, subject to specified limitations.
Title VI: Restricting Juvenile Access to Certain Firearms - Amends the Brady Act to expand the scope of, and increase penalties for, certain juvenile weapons violations and unlawful weapons transfers to juveniles (such as prohibiting the transfer of a semiautomatic assault weapon or a large capacity ammunition feeding device to a juvenile).
Title VII: Assault Weapons - Juvenile Assault Weapon Loophole Closure Act of 1999 - Bans the importation of large capacity ammunition feeding devices. Defines such devices to cover those manufactured before the enactment of the VCCLEA.
Title VIII: Effective Gun Law Enforcement - Subtitle A: Criminal Use of Firearms by Felons - Criminal Use of Firearms by Felons (CUFF) Act - Directs the Attorney General and the Secretary of the Treasury to establish in specified jurisdictions a Criminal Use of Firearms by Felons (CUFF) Program. Requires each program established to: (1) provide for coordination with State and local law enforcement officials in identifying violations of Federal firearms laws; (2) provide for the establishments of agreements with State and local law enforcement officials for the referral to the Bureau of Alcohol, Tobacco, and Firearms (BATF) and the U.S. Attorney for prosecution of specified firearms-related violations under the code and under the Internal Revenue Code; (3) require that the U.S. Attorney designate at least one Assistant Attorney to prosecute violations of Federal firearms laws; (4) provide for the hiring of BATF agents to investigation specified Brady Act provisions relating to firearms; and (5) ensure that each person referred to the U.S. Attorney be charged with a violation of the most serious Federal firearm offense consistent with the act committed.
Requires the U.S. Attorney to carry out an extensive media and public outreach campaign focused in high-crime areas to: (1) educate the public about the severity of penalties for Federal firearms law violations; and (2) encourage law-abiding citizens to report the possession of illegal firearms to authorities.
(Sec. 804) Sets forth annual reporting requirements by the Attorney General.
(Sec. 805) Authorizes appropriations.
Subtitle B: Apprehension and Treatment of Armed Violent Criminals - Amends: (1) the code to define "crime of violence" to include an offense relating to possession of explosives or firearms by convicted felons (thus making such individuals subject to pretrial detention); and (2) the Brady Act to prohibit the court from granting a probationary sentence to a person who has more than one previous conviction for a violent felony or a serious drug offense, committed under different circumstances.
Subtitle C: Youth Crime Gun Interdiction - Requires the Secretary to expand the number of cities and counties directly participating in the Youth Crime Gun Interdiction Initiative (YCGII) to 75 by October 1, 2000, to 150 by October 1, 2002, and to 250 by October 1, 2003. Directs that cities and counties selected for participation be selected by the Secretary in consultation with Federal, State, and local law enforcement officials.
Requires the Secretary to: (1) facilitate the identification and prosecution of individuals illegally trafficking firearms to prohibited individuals, utilizing the information provided by YCGII; (2) share information derived from the YCGII with State and local law enforcement agencies through on-line computer access; and (3) 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.
Subtitle D: Gun Prosecution Data - Directs the Attorney General to submit annual reports to specified congressional committees regarding cases presented to DOJ for review or prosecution in which the objective facts of the case provide probable cause to believe that there has been a Brady Act violation.
Subtitle E: Firearms Possession by Violent Juvenile Offenders - Amends the Brady Act to prohibit firearms possession by persons who have committed an act of violent juvenile delinquency.
Subtitle F: Juvenile Access to Certain Firearms - Revises Brady Act provisions regarding firearms violations by juveniles. Increases penalties for possession by a juvenile of a handgun, ammunition, or semiautomatic assault weapon, for such possession in a school zone, and for transfer to a juvenile of such weapons or ammunition.
Prohibits the transfer to, and possession by, a juvenile of a semiautomatic assault weapon, with exceptions.
Authorizes the court to use the contempt power to require the presence of a juvenile defendant's parent or legal guardian at all proceedings, with respect to a prosecution of such violations, and to excuse attendance for good cause.
Subtitle G: General Firearm Provisions - Directs the Attorney General to expedite: (1) a study of the feasibility of developing a single fingerprint convicted offender database in the Federal criminal records system maintained by the FBI, and procedures under which a licensed firearm dealer may voluntarily transmit to the National Instant Check System a single digitalized fingerprint for prospective firearms transferees; (2) the provision of assistance to States in gaining access to records in the System disclosing the disposition of State criminal cases; and (3) development of a procedure for the collection of data identifying persons that are prohibited from possessing a firearm.
Requires: (1) the Attorney General and the Secretary to ensure the integration and interoperability of ballistics identification systems maintained by the FBI and BATF through the National Integrated Ballistics Information Network; (2) the Attorney General to provide financial assistance to the American Academy of Forensic Science Laboratory Accreditation Board to be used to facilitate forensic laboratory inspection activities; and (3) the Secretary to establish a database, accessible through the System, identifying persons who have been granted relief from disability imposed by Federal laws with respect to the transfer or possession of firearms.
Authorizes appropriations. Reauthorizes appropriations under the Crime Identification Technology Act of 1998.
Title IX: Enhanced Penalties - Amends the Brady Act to provide for enhanced penalties for knowingly violating prohibitions against making false statements, or exhibiting false or misrepresented identification, intended or likely to deceive a licensed importer, manufacturer, dealer, or collector with respect to any fact material to the lawfulness of a sale or other disposition of a firearm or ammunition, knowing or having reasonable cause to know that the other person will possess, discharge, or otherwise use the firearm in the commission of a violent felony.
(Sec. 902) Increases penalties under: (1) the Brady Act with respect to stolen firearms, and crimes involving firearms; and (2) CSA for distributing drugs to minors, and for drug trafficking in or near a school or other protected location.
Title X: Child Handgun Safety - Safe Handgun Storage and Child Handgun Safety Act of 1999 - Amends the Brady Act to prohibit a licensed manufacturer, importer, or dealer from selling, delivering, or transferring a handgun to anyone other than a licensed person unless the transferee is provided with a secure gun storage or safety device, with exceptions.
Entitles a person who has lawful possession and control of a handgun, who uses a secure gun storage or safety device, to immunity from a civil action brought against a person for damages resulting from the criminal or unlawful misuse of the handgun by a third party, where: (1) 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 (2) 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.
Provides for civil penalties, and suspension or revocation of license, for violations of requirements of this title.
Title XI: School Safety and Violence Prevention - Amends the ESEA to make funds available for: (1) training for school personnel on identification of potential threats, such as illegal weapons and explosive devices, crisis preparedness and intervention procedures, and emergency response; (2) training for parents, teachers, school personnel, and other interested community members regarding the identification and responses to early warning signs of troubled and violent youth; (3) innovative research-based delinquency and violence prevention programs; (4) comprehensive school security assessments; (5) purchase of school security equipment and technologies; (6) collaborative efforts with community-based organizations 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; 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) Directs the Comptroller General to carry out a study of school safety issues, and to report to Congress.
(Sec. 1103) Makes funds available under the Act for establishing a school uniform policy.
(Sec. 1104) Amends the ESEA to require each State receiving Federal funds under the Act, within two years after the enactment of this Act, to provide an assurance to the Secretary of Education 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 or secondary school for any student who is enrolled or seeks, intends, or is instructed to enroll in the school. Makes this provision inapplicable to such records transferred from a private, parochial, or other nonpublic school, person, institution, or other entity that provides education below college level.
(Sec. 1105) Directs the Attorney General to establish at the National Center for Rural Law Enforcement in Little Rock, Arkansas, a research center to serve as a resource center or clearinghouse for school violence research.
(Sec. 1106) Authorizes the President to award to individuals under age 18 a National Character Achievement Award, honoring individuals for distinguishing themselves as models of good character.
(Sec. 1107) Establishes the National Commission on Character Development. Authorizes appropriations.
(Sec. 1108) Amends the JJDPA to authorize the Attorney General to 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. Authorizes the use of grants 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: (1) collaboration across child serving systems; (2) appropriate screening and assessment of juveniles; (3) individual treatment plans; and (4) significant involvement of juvenile judges, where appropriate. Sets forth application, Federal share, and reporting requirements.
(Sec. 1109) Amends the National Child Protection Act of 1993 to include within the definition of "provider" an individual who is or seeks to be employed by a school in any capacity (and thus subjects such individual to a background check).
(Sec. 1110) School Violence Prevention Act - Amends the ESEA to include among authorized activities under local drug and violence prevention programs, the testing of students for illegal drug use.
(Sec. 1111) Expresses 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 and prospective employees, a nationwide background check to determine 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.
Title XII: Teacher Liability Protection Act - Teacher Liability Protection Act of 1999 - Preempts State law, except where such law provides additional protection from liability of teachers. Makes this title inapplicable to any civil action in State court against a teacher in which all parties are citizens of the State if such State enacts a statute electing that this title not apply and meets specified requirements.
(Sec. 1204) Provides that 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 the teacher was acting within the scope of the teacher's employment or responsibilities relating to providing educational services, subject to specified requirements and exceptions. Limits punitive damages and liability for non-economic loss.
Title XIII: Violence Prevention Training for Early Childhood Educators - Violence Prevention Training for Early Childhood Educators Act - Authorizes the Secretary of Education to award grants to institutions that carry out early childhood education training programs and have applications approved to enable the institutions to provide violence prevention training as part of the early childhood education training program. Sets grant awards at between $500,000 and $1 million, with a duration of between three and five years. Sets forth application and selection priority requirements. Authorizes appropriations.
Title XIV: Preventing Juvenile Delinquency Through Character Education - Authorizes appropriations to carry out school-based and after school programs under this title.
Authorizes the Secretary to award grants to: (1) schools, or local educational agencies that enter into partnerships with schools, to support the development of character education programs in schools to reduce delinquency, school discipline problems, and truancy, and to improve student achievement, overall school performance, and youths' positive involvement in their community; and (2) 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. Sets forth application requirements for each.
(Sec. 1405) Sets forth provisions regarding grant duration, funds for planning, selection of grantees, and permissible use of funds.
Title XV: Violent Offender DNA Identification Act of 1999 - Volunteer Offender DNA Identification Act of 1999 - Requires the Director of the FBI to develop a voluntary plan to assist State and local forensic laboratories in performing deoxyribonucleic acid (DNA) analyses of DNA samples collected from convicted offenders, aimed at eliminating the backlog of convicted offender DNA samples awaiting analysis in State or local forensic laboratory storage in an efficient, expeditious manner that will provide for their entry into the Combined DNA Indexing System (CODIS). Sets forth provisions regarding plan conditions and plan implementation. Authorizes appropriations.
(Sec. 1503) Revises the Antiterrorism and Effective Death Penalty Act of 1996 to authorize the Director of the FBI to expand 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.
Modifies the VCCLEA to authorize the Director to establish an index of individuals adjudicated delinquent for acts of juvenile delinquency, including specified qualifying offenses. Directs that the index include only information on DNA identification records and DNA analyses that undergo semiannual external proficiency testing and that meet other specified requirements.
Requires the Director to establish a list of qualifying offenses, such as an act of juvenile delinquency under Federal law that constitutes a crime of violence, and certain standards and procedures.
Requires: (1) the Director of the Bureau of Prisons to collect a DNA sample from each individual in the custody of the Bureau who has been convicted of or adjudicated delinquent for a qualifying offense; and (2) the agency responsible for the supervision under Federal law of an individual on supervised release, parole, or probation to collect a DNA sample from each individual who has been convicted of or adjudicated delinquent for a qualifying offense.
Authorizes the Government of DC to: (1) identify one or more categories of individuals who are in custody of, or under supervision by, DC, from whom DNA samples should be collected; and (2) collect a DNA sample from each such individual.
Directs the Director of the Court Services and Offender Supervision Agency for DC, or the Trustee appointed under the Balanced Budget Act of 1997 as appropriate, to collect a DNA sample from each individual under Agency or Trustee supervision who is on supervised release, parole, or probation and who has been convicted of or adjudicated delinquent for a qualifying offense.
Directs the Secretary of Defense to prescribe regulations that specify categories of conduct punishable under the Uniform Code of Military Justice (qualifying military offenses) that are comparable to qualifying offenses, and set forth standards and procedures for the analysis of DNA samples collected from individuals convicted of a qualifying military offense, and the inclusion in an index.
Sets criminal penalties for individuals from whom the collection of a DNA sample is required or authorized who fails to cooperate in the collection of that sample.
Authorizes appropriations. Requires such cooperation as a condition of probation, supervised release, or release generally.
Sets forth report and evaluation requirements.
Title XVI: Miscellaneous Provisions - Subtitle A: General Provisions - Amends the Brady Act to define the term "act of violent juvenile delinquency" to mean an adjudication of delinquency based upon a finding of the commission of an act by a person prior to his or her eighteenth birthday that, if committed by an adult, would be a serious or violent felony.
Provides that, for purposes of Federal firearms provisions, any State conviction or adjudication of delinquency which 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 delinquency occurred shall not be considered to be a conviction or adjudication of an act of violent juvenile delinquency.
Prohibits the sale or other disposal of a firearm or ammunition to a person knowing or having reasonable cause to believe that such person has committed an act of violent juvenile delinquency.
Makes these provisions applicable only to an adjudication of violent juvenile delinquency that occurs after 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, that the records of such adjudications are routinely available in the national instant criminal background check system.
(Sec. 1602) Safe Students Act - Directs the Attorney General, subject to the availability of appropriations, to 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. Sets forth provisions regarding application requirements and allowable uses of funds. Authorizes appropriations. Sets forth reporting requirements.
(Sec. 1603) Directs the FTC and the Attorney General to jointly conduct a study of the marketing practices of the firearms industry with respect to children, and to report to Congress.
(Sec. 1604) Requires each Internet service provider, at the time of entering an agreement with a residential customer for the provision of Internet access services, to provide to such customer (either at no fee or at a fee not to 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) computer software or other filtering or blocking system that allows the customer to prevent the access of minors to material on the Internet.
Directs the OJJDP and the FTC to jointly conduct surveys of the extent to which Internet service providers are providing such computer software or systems to their subscribers.
(Sec. 1605) Amends Brady Act provisions regarding gun shows, as revised earlier in this Act (see Title V), to provide that a gun show or event shall qualify as a temporary location if the show or event: (1) is sponsored by an entity to foster the collecting, competitive or sporting use, or any other legal use of firearms; and (2) has 20 percent or more firearm exhibitors out of all exhibitors, or ten or more firearms exhibitors.
Authorizes a person not licensed under the code 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, to only make such 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. Specifies that for any instant background check conducted at a gun show, the waiting period shall be 24 hours in a calendar day since the licensee contacted the system. Provides that, if the services of a special registrant are used to determine the eligibility of the prospective transferee to possess 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: (1) the name, age, address, and other identifying information of the prospective transferee; and (2) proof of verification of the identity of the prospective transferee (as required by the Brady Act).
Defines the term "qualified civil liability action" (for purposes of immunity from liability) to exclude an action: (1) brought against a transferor convicted of transferring a firearm knowing that it will be used to commit a crime of violence or drug trafficking crime or a comparable State felony law, by a person directly harmed by the transferee's criminal conduct; and (2) brought against a transferor for negligent entrustment or negligence per se. Prohibits such an action from being brought in Federal or State court.
(Sec. 1606) Provides that, in a lawsuit claiming that saying a prayer, reading a scripture, or performing religious music as part of a memorial service that is held on the campus of a public school to honor the memory of any person slain on that campus violates the Constitution: (1) each party shall pay its own attorney's fees and costs; and (2) the Attorney General is authorized to provide legal assistance to the school district or other government entity that is defending the legality of such service.
(Sec. 1607) Amends the Webb-Kenyon Act to authorize a State attorney general (State AG) who has reasonable cause to believe that a person is engaging in any act that would constitute a violation of State law regulating the importation or transportation of any intoxicating liquor, to bring a civil action for injunctive relief to: (1) restrain the person from engaging in the violation; and (2) enforce compliance with State law.
Grants U.S. district courts jurisdiction over any such action. Directs the court, in such action and upon a proper showing by the State AG, to issue a preliminary or permanent injunction or other order without requiring the posting of a bond. Prohibits such issuance without notice to the adverse party.
Sets forth provisions regarding the form and scope of the order. Authorizes the court to order the trial of the action on the merits to be advanced and consolidated with the hearing on the application. Specifies that such an action shall be tried before the court.
(Sec. 1608) Modifies code provisions regarding liquor traffic to prohibit and penalize whoever knowingly ships into the United States any package containing liquor unless accompanied by a label on the shipping container that clearly and prominently identifies the contents as alcoholic beverages, 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.
(Sec. 1609) Requires that all materials produced, procured, or distributed (produced) as a result of Federal funding authorized under this Act for expenditure by Federal, State, or local governmental recipients or nongovernmental entities have printed a statement that printed or produced at Federal expense, and encouraging anyone who objects to the accuracy of the material to direct their comments to the office of the Attorney General. Requires that office to prepare a summary of all comments received, to be made available upon request.
(Sec. 1610) Aimee's Law - Directs the Attorney General, in any case in which a State convicts of murder, rape, or a dangerous sexual offense an individual who has a prior conviction for any one of those offenses in a State meeting specified criteria (i.e., a State that has not adopted Federal truth-in-sentencing guidelines, has an average term of imprisonment for such offense of less than ten percent above the average term imposed for that offense in all States, or the individual had served less than 85 percent of the term of imprisonment to which that individual was sentenced for the prior offense), to 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 that convicted that individual of the subsequent offense.
Directs the Attorney General, in any case in which a State convicts of murder, rape, or a dangerous sexual offense an individual who has a prior conviction for any one or more of those offenses in more than one other such State, to 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 that convicted that individual of the subsequent offense.
Requires the chief executive officer of a State, in order to receive such transferred funds, to submit to the Attorney General an application including a certification that the State has convicted of murder, rape, or a dangerous sexual offense an individual who has a prior conviction for one of those offenses in another State.
Specifies that any such transferred amount 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. Directs the Attorney General to establish a payment schedule.
Makes such provisions inapplicable if an individual convicted of murder, rape, or a dangerous sexual offense has been released from prison upon the reversal of a conviction, and subsequently been convicted for such an offense.
Directs the Attorney General to: (1) collect and maintain information relating to the number of convictions (during the 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 age 14 and the offender had attained age 18, and the number of such convictions that constitute second or subsequent convictions of the defendant of such an offense; and (2) report to Congress.
(Sec. 1611) School Violence Prevention Act - Amends the ESEA to authorize a local educational agency to use grant funds, as part of a comprehensive drug and violence prevention program, for the testing of students for illegal drug use or inspecting a student's locker for weapons or illegal drugs.
(Sec. 1612) Amends the Safe Streets Act to direct the Attorney General to waive the requirement of a non-Federal contribution to the costs of a program that hires law enforcement officers for placement in public schools by a jurisdiction that demonstrates financial need or hardship.
(Sec. 1613) Removes the requirement that there be the intent to cause death or serious bodily harm from the carjacking offense.
(Sec. 1614) Rewrites code provisions regarding special forfeiture of collateral profits of crime.
Requires the court to order the defendant to forfeit proceeds received from a contract relating to the transfer of a right or interest in any property, upon motion of the U.S. attorney made at any time after the defendant's conviction for specified offenses (including a felony offense against the United States or any State or a misdemeanor offense against the United States or any State resulting in physical harm to any individual) if the court determines that: (1) the interests of justice or an order of restitution so require; (2) the proceeds to be forfeited reflect the enhanced value of the property attributable to the offense; and (3) with respect to a defendant convicted of an offense against a State, 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 the State Attorney General has declined to initiate a forfeiture action with respect to the proceeds to be forfeited.
Defines "property" for purposes of this Act to include: (1) any evidence or instrument of the offense; (2) real estate where the offense was committed; (3) any document, photography or audio or video recording, or clothing, jewelry, furniture, or other personal property, relating to the offense; (4) any movie, book, newspaper, magazine, radio or television production, or live entertainment of any kind depicting or otherwise relating to the offense; (5) any expression of the defendant's thoughts, opinions, or emotions regarding the offense; or (6) other property relating to the offense.
(Sec. 1615) Amends the Communications Act of 1934 to include provisions of caller identification services for elementary and secondary schools within a telecommunications carrier's universal service obligation.
Directs the Federal Communications Commission to notify U.S. elementary and secondary schools of the availability of caller identification services as part of the services that are within the definition of universal service and the procedures to be used by such schools in applying for such services.
(Sec. 1616) Authorizes the Administrator of the Office of Juvenile Crime Control and Prevention 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. Authorizes appropriations.
(Sec. 1617) Authorizes appropriations to the National Crime Prevention Council for a two-year national media campaign to reduce and prevent violent criminal behavior by young Americans, subject to specified restrictions.
(Sec. 1618) Revises the Victims of Crime Act of 1984 to authorize the Director of the Office for Victims of Crime to make grants for the benefit of victims to: (1) States for eligible crime victim compensation and assistance programs; and (2) victim service organizations and public agencies that provide emergency or ongoing assistance to crime victims to provide emergency relief and related victim services, and training and technical assistance for victim service providers.
(Sec. 1619) Revises VCCLEA provisions regarding truth-in- sentencing incentive grants to provide that, in the case of a State that practices indeterminate sentencing with regard to any part 1 violent crime on April 26, 1996 (as under current law) and thereafter, persons convicted of such a crime on average serve not less than 85 percent of the prison term established under the State's sentencing and release guidelines, or of the maximum prison term allowed under the sentence imposed by the court.
Modifies the formula allocation to require that .75 percent be allocated to each State that meets truth-in-sentencing requirements, with .05 percent each allocated to the U.S. Virgin Islands, America Samoa, Guam, and the Northern Mariana Islands.
(Sec. 1620) Includes the death penalty as a possible punishment in sentencing for an act of animal enterprise terrorism.
(Sec. 1621) Prohibits the sale, delivery, or transfer of explosive materials to specified categories of individuals, including persons less than age 21, fugitives, persons subject to a court order restraining them from stalking an intimate partner or such partner's child, and those convicted of a misdemeanor crime of domestic violence.
Prohibits the shipping, transporting, possession, or receipt of explosives by such individuals.
Sets forth provisions regarding exceptions and waivers.
(Sec. 1622) Emergency Federal Judgeship Act of 1999 - Directs the President to appoint additional district judges in Arizona, Florida, and Nevada.
(Sec. 1623) Directs NIH (acting through the Office of Behavioral and Social Sciences Research) to carry out a coordinated, multi-year course of behavioral and social science research on the causes and prevention of youth violence. Requires the Director of the Office to coordinate research on youth violence conducted or supported by NIH agencies, identify and develop youth violence research projects, take steps to further cooperation with governmental and nongovernmental agencies, establish a clearinghouse for information about youth violence research, and periodically report to Congress. Authorizes appropriations.
(Sec. 1624) Expresses the sense of the Senate that the President should issue an Executive Order allowing all Federal employees to use up to one hour per week of excused absence or administrative leave to serve as mentors in youth or family mentoring programs.
(Sec. 1625) Directs the Administrator of the OJJDP to carry out a Family and Schools Together program to promote programs that build and enhance juveniles' relationships with their families, peers, teachers, school staff, and other members of the community by bringing together parents, schools, and communities to help at-risk children succeed, enhance the functioning of families with at-risk children, prevent alcohol and other drug abuse in the family, and reduce the stress that their families experience from daily life. Authorizes appropriations.
(Sec. 1626) Amends the code to: (1) remove the requirement of intent to do bodily harm from the assault with a dangerous weapon offense; and (2) double the term of imprisonment, within the special maritime and territorial jurisdiction of the United States, for voluntary manslaughter.. Subjects an Indian committing an offense in Indian country for which the maximum statutory term of imprisonment is greater than five years to the same law and penalties as all others committing any such offense.
Amends the Racketeer Influenced and Corrupt Organizations Act to include within the definition of "racketeering activity"certain acts or threats which would have been chargeable if they had not been committed in Indian country, or in any other area of exclusive Federal jurisdiction.
(Sec. 1627) Federal Judiciary Protection Act of 1999 - Amends the Federal criminal code to increase: (1) from three to eight years the maximum term of imprisonment for assaulting, resisting, or impeding a Federal law enforcement official, or member of his or her family, while engaged in his or her official duties; (2) from ten to 20 years the maximum term of imprisonment for using a deadly or dangerous weapon during the commission of any of the above acts; and (3) the maximum terms of imprisonment for threats or assaults made upon a family member of a Federal law enforcement official for purposes of influencing, impeding, or retaliating against such official in the performance of his or her duties.
Provides a ten-year maximum term for mailing a threatening communication to a Federal law enforcement official, including a U.S. judge.
Directs the United States Sentencing Commission to review and amend Federal sentencing guidelines and policy statements to provide an appropriate sentencing enhancement for offenses involving influencing, assaulting, resisting, impeding, retaliating against, or threatening a Federal judge, magistrate judge, or other appropriate Federal law enforcement official, taking into consideration specified factors.
(Sec. 1628) Authorizes the Attorney General to provide to the State of Alaska funds for State law enforcement, judicial infrastructure, and other costs necessary in remote villages to implement prohibitions on the sale, importation, and possession of alcohol adopted pursuant to State local option statutes. Makes such funds additional to and not disqualifying the State, local governments, or Indian tribes from Federal funds available under other authority. Authorizes appropriations.
(Sec. 1630) Directs the Attorney General to develop model guidelines for the State control and regulation of persons employed or applying for employment as bounty hunters. Requires such guidelines to include recommendations of the Attorney General regarding whether: (1) a bounty hunter should be required to submit to a fingerprint-based criminal background check prior to performing duties, or prohibited from such employment if that person has been convicted of a Federal or State felony; (2) bounty hunters and their employers should be required to obtain adequate liability insurance; and (3) State laws should provide for the prohibition on bounty hunters entering a private dwelling without first knocking on the front door and announcing their presence, and for the official recognition of bounty hunters from other States.
Directs that such guidelines include an analysis of any estimated effect of the adoption of the guidelines by the States on the cost and availability of bail, and on the bail bond agent industry.
(Sec. 1631) Amends the Safe Streets Act to authorize the use of public safety and community policing grants to assist unincorporated neighborhood watch organizations approved by the appropriate local police or sheriff's department of up to $1,950 per organization for specified purposes. Authorizes appropriations.
(Sec. 1632) Expresses the sense of Congress that Federal funding for early childhood development collaboratives should be a priority in the Federal budget for FY 2000 and subsequent fiscal years.
(Sec. 1633) Prohibits a Federal department or agency that considers a request for the use of property, equipment, or personnel to film a motion picture or television production for commercial purposes from granting such request without considering whether such picture or production glorifies or endorses wanton and gratuitous violence, subject to specified requirements and exceptions.
(Sec. 1634) Reinstates the repeal under section 503 of this Act (relating to pawn shops and special licensees).
Subjects a special licensee to Brady Act requirements applicable to dealers including, but not limited to, the performance of an instant background check, except as to the State and local planning and zoning requirements for a licensed premises.
(Sec. 1635) Amends the Brady Act to prohibit any person from organizing, planning, promoting, or operating a gun show without: (1) registering with the Secretary of the Treasury and paying a registration fee; (2) before commencement of the show, verifying the identity of each show vendor participating by examining a valid identification document containing a photograph of the vendor and requiring each vendor to sign a ledger with identifying information and a notice advising the vendor of his or her obligations; (3) notifying each attendee of requirements under the Act; and (4) maintaining a copy of the records described above at the permanent place of business of the show promoter for such period of time and in such form as the Secretary shall require.
Sets forth provisions regarding: (1) responsibilities of transferors and transferees other than licensees, including criminal background check requirements; and (2) records of licensee transfers.
Defines: (1) "gun show" to mean any event at which 50 or more firerams are offered or exhibited for sale, transfer, or exchange, if one or more of the firearms has been shipped or transported in, or otherwise affects, interstate or foreign commerce, and at which not less than 20 percent of the exhibitors are firearm exhibitors, there are not less than ten firearm exhibitors, or 50 or more firearms are offered for sale, transfer, or exchange; and (2) "firearm transaction" to include the offer for sale, sale, transfer, or exchange of a firearm, and to exclude the mere exhibition of a firearm.
Sets penalties for violations of this Act.
Authorizes the Secretary to enter during business hours the place of business of any show promoter and any place where a show is held for purposes of examining required records and the inventory of licensees conducting business at the show, without a showing of reasonable cause or a warrant.
Increases penalties for: (1) serious recordkeeping violations by licensees; and (2) violations of criminal background check requirements.
Amends the Brady Act to require the national instant criminal background check system to destroy certain records (current law) as soon as possible, consistent with the Attorney General's responsibility to ensure the privacy and security of the system and to prevent system fraud and abuse, but no later than 90 days after the date on which the licensee first contacts the system with respect to the transfer.
Nullifies provisions under Title V and section 1605 of this Act.
(Sec. 1636) Requires school personnel to ensure that immediate appropriate interventions and services (including for mental health) 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, to ensure the safety of our Nation's schools and communities and to maximize the likelihood that such child shall not engage in such behaviors, or such behaviors do not reoccur. Authorizes appropriations.
(Sec. 1637) Amends the ESEA to revise and rename the Gun-Free Schools Act of 1994 as the Safe Schools Act of 1999. Requires each State receiving Federal funds under ESEA to have in effect a State law requiring local educational agencies to expel from school for a period of not less than one year a student who is determined to be in possession of elonious 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. Directs each local educational agency requesting assistance to provide the State with a description of the type of illegal drugs concerned that led to any expulsions.
Bars funds to any local educational agency that does not have a policy of referring to the criminal justice or juvenile delinquency system of any student who 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. Requires the Secretary of Education to collect data, and report to Congress, on the incidence of children with disabilities possessing illegal drugs, or illegal drug paraphernalia, on school property or in vehicles operated by employees or agents of, schools or local educational agencies.
Gives the States two years to comply with this section's requirements. Requires the Secretary to report to Congress: (1) on any State not in compliance; and (2) analyzing the strengths and weaknesses of approaches regarding the disciplining of children with disabilities.
(Sec. 1638) Amends ESEA to require that federally-assisted school counseling programs ensure: (1) a team approach to school counseling by maintaining a ratio in the elementary schools of the local educational agency that does not exceed one school counselor to 250 students, one school social worker to 800 students, and one school psychologist to 1,000 students; and (2) that school counselors, psychologists, or social workers paid from ESEA funds spend at least 85 percent of their total work time 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.
Requires the Secretary to report evaluating programs assisting pursuant to each grant by January 30, 2003.
(Sec. 1639) Amends the code to prohibit, and set penalties for, teaching or demonstrating: (1) the making or use of an explosive, destructive device, or weapon of mass destruction (explosive), or distributing information pertaining to the manufacture or use of an explosive, with the intent that the teaching, demonstration, or information be used for, or in furtherance of, any activity that constitutes a Federal crime of violence; or (2) to any person the making or use of an explosive, or distributing information pertaining to the manufacture or use of an explosive, 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.
Subtitle B: James Guelff Body Armor Act - James Guelff Body Armor Act of 1999 - Directs the Commission to amend the sentencing guidelines to increase the offense level by not less than two levels for any offense in which the defendant used body armor.
Amends the Brady Act to prohibit the purchase, ownership, or possession of body armor by a person convicted of a felony that is: (1) a crime of violence; or (2) an offense under State law that would constitute a crime of violence if it occurred within the U.S. special maritime and territorial jurisdiction.
Sets forth provisions regarding affirmative defenses and penalties.
(Sec. 1646) Authorizes the head of a Federal agency (and specified officers) to donate body armor directly to a State or local law enforcement agency if such body armor is in serviceable condition and is surplus property.
(Sec. 1647) Amends the Safe Streets Act to authorize the Director of the Bureau of Justice Assistance (BJA) to make grants to States, units of local government, and Indian tribes to purchase: (1) bullet resistant equipment for use by State, local, and tribal law enforcement officers; and (2) video cameras for use by State, local, and tribal law enforcement agencies in law enforcement vehicles.
Sets forth provisions regarding permissible uses of funds, preferential consideration for grants, matching funds, allocation of funds, and application requirements. Authorizes appropriations.
(Sec. 1649) Expresses the sense of the Congress that entities receiving assistance under this subtitle should purchase only American-made equipment and products.
(Sec. 1650) Amends the Safe Streets Act to authorize the National Institute of Justice to: (1) conduct research and otherwise work to develop new bullet resistant technologies for use in police equipment; (2) inventory bullet resistant technologies used in the private sector, in surplus military property, and by foreign countries; and (3) 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.
Requires the Institute to give priority in testing and engineering surveys to law enforcement partnerships developed in coordination with High Intensity Drug Trafficking Areas.
(Sec. 1651) Amends the Safe Streets Act to authorize the Director of the BJA to waive a matching funds requirement for law enforcement armor vests in the case of fiscal hardship.
Subtitle C: Animal Enterprise Terrorism and Ecoterrorism - Amends the code to increase penalties for animal enterprise terrorism. Prohibits, and sets penalties for, maliciously damaging or destroying (including attempts) by means of fire or explosive any building, vehicle, or other real or personal property used by the animal enterprise.
(Sec. 1653) Requires the Director to establish and maintain a national clearinghouse on incidents of crime and terrorism committed against or directed at any animal enterprise, any commercial activity because of its perceived impact or effect on the environment, or any person because of such person's perceived connection with or support of any such enterprise or activity. Authorizes appropriations.
Subtitle D: Jail-Based Substance Abuse - Amends the Safe Streets Act to authorize the use of residential substance abuse treatment grants to provide nonresidential substance abuse treatment aftercare services for inmates or former inmates if the State's chief executive officer certifies to the Attorney General that the State is providing, and will continue to provide, an adequate level of residential treatment services.
Makes specified funds available to a 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 facilities.
Sets forth provisions regarding the Federal share, application requirements, review of applications, State implementation of a statewide communications network to track the participants in jail-based substance abuse treatment programs established by local correctional facilities in the State as those participants move between such facilities within the State, the use of grant sums, reporting requirements, and performance review.
Subtitle E: Safe School Security - Safe School Security Act of 1999 - Directs the Attorney General, the Secretary of Education (Secretary), and the Secretary of Energy to enter into an agreement for the establishment of a School Security Technology Center, 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. Directs that the Center: (1) be a resource to local educational agencies for school security assessments, security technology development, technology availability and implementation, and technical assistance relating to improving school security; and (2) conduct and publish research on school violence, coalesce data from victim groups, and monitor and report on schools that implement school security strategies . Authorizes appropriations.
(Sec. 1657) Amends ESEA to direct the Secretary to award grants on a competitive basis to local educational agencies to enable such agencies to acquire security technology, or carry out activities related to improving security at the middle and high 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. Directs the Secretary to give priority to agencies showing the highest security needs. Authorizes appropriations.
(Sec. 1658) Directs the Attorney General to develop and submit to the Congress a proposal to further improve school security.
Subtitle F: Internet Prohibitions - Internet Firearms and Explosives Advertising Act of 1999 - Amends the code to prohibit, and set penalties for, knowingly making, printing, or publishing a notice or advertisement (notice) seeking or offering to receive, exchange, buy, sell, product, distribute, or transfer a firearm or explosive in violation of the Brady Act or other Federal firearms provisions of the code, knowing or having reason to know that such notice will be transported in interstate or foreign commerce by computer, or where such notice is so transported. Sets forth affirmative defenses.
Subtitle G: Partnerships for High-Risk Youth - Partnerships for High-Risk Youth Act - Directs the Attorney General to establish and carry out a demonstration project under which the Attorney General, subject to the availability of appropriations, shall award a grant to 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 in 12 specified cities.
(Sec. 1675) Sets forth provisions regarding eligibility to receive grants, selection criteria in making grants, permissible uses of funds, evaluation, and limits on the use of funds.
(Sec. 1677) Authorizes appropriations.
Subtitle H: National Youth Crime Prevention - National Youth Crime Prevention Demonstration Act - Directs the Attorney General to make a five-year national youth crime prevention demonstration project grant to the National Center for Neighborhood Enterprise, a not-for-profit organization incorporated in the District of Columbia.
(Sec. 1683) Authorizes the Center to award grants to grassroots organizations to develop youth intervention models in the following cities: (1) Washington, D.C.; (2) Detroit, Michigan; (3) Hartford, Connecticut; (4) Indianapolis, Indiana; (5) Chicago (and surrounding metropolitan area), Illinois; (6) San Antonio, Texas; (7) Dallas, Texas; and (8) Los Angeles, California.
(Sec. 1684) Requires eligible grassroots entities to: (1) be not-for-profit community organizations with demonstrated effectiveness in mediating and addressing youth violence by empowering at-risk youth to become agents of peace and community restoration; and (2) submit grant applications to the Center to fund intervention models that establish violence-free zones. Requires the Center to consider the grassroots entity's: (1) track record (and that of its key participating individuals) in youth group mediation and crime prevention; (2) engagement and participation with other local organizations; and (3) ability to enter into partnerships with local housing authorities, law enforcement agencies, and other public entities.
(Sec. 1685) Authorizes use of grant funds 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.
Directs the Center to identify local lead grassroots entities in each designated city which include: (1) the Alliance of Concerned Men of Washington in the District of Columbia; (2) the Hartford Youth Peace Initiative in Hartford, Connecticut; (3) the Family Help-Line in Los Angeles, California; (4) the Victory Fellowship in San Antonio, Texas; and (5) similar grassroots entities in other designated cities.
Requires the Center, in cooperation with the Attorney General, also to provide technical assistance for startup projects in other cities.
(Sec. 1686) Directs the Center to evaluate and report to the Attorney General on the effectiveness of grassroots agencies and other public entities involved in such demonstration project.
(Sec. 1688) Authorizes appropriations.
National Youth Violence Commission Act - Establishes a National Youth Violence Commission to conduct a comprehensive study of incidents of youth violence to determine the root causes of such violence, and to report to the President and Congress.
(Sec. 1694) Sets forth provisions regarding powers of the Commission, personnel matters, and termination of the Commission. Authorizes appropriations.
Subtitle J: School Safety - School Safety Act of 1999 - Modifies the Individuals with Disabilities Education Act to authorize school personnel to order a change in the placement of a child with a disability to an appropriate interim alternative educational setting for the same amount of time that a child without a disability would be subject to discipline, but for not more than 45 days, if the child carries a weapon (current law) other than a gun or firearm, to school or to a school function.
Authorizes school personnel to 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 local educational agency, in the same manner in which such personnel may discipline a child without a disability. Allows such child to assert as a defense that the carrying or possession was unintentional or innocent.
Specifies that a child expelled or suspended shall not be entitled to continued educational services, including a free appropriate public education, 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. Allows the local educational agency to choose to continue to provide educational services.