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Engrossed in Senate (05/20/1999)

 
[Congressional Bills 106th Congress]
[From the U.S. Government Printing Office]
[S. 254 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
106th CONGRESS
  1st Session
                                 S. 254

_______________________________________________________________________

                                 AN ACT


 
    To reduce violent juvenile crime, promote accountability by and 
  rehabilitation of juvenile criminals, punish and deter violent gang 
                     crime, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Violent and Repeat 
Juvenile Offender Accountability and Rehabilitation Act of 1999''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Severability.
                    TITLE I--JUVENILE JUSTICE REFORM

Sec. 101. Surrender to State authorities.
Sec. 102. Treatment of Federal juvenile offenders.
Sec. 103. Definitions.
Sec. 104. Notification after arrest.
Sec. 105. Release and detention prior to disposition.
Sec. 106. Speedy trial.
Sec. 107. Dispositional hearings.
Sec. 108. Use of juvenile records.
Sec. 109. Implementation of a sentence for juvenile offenders.
Sec. 110. Magistrate judge authority regarding juvenile defendants.
Sec. 111. Federal sentencing guidelines.
Sec. 112. Study and report on Indian tribal jurisdiction.
                        TITLE II--JUVENILE GANGS

Sec. 201. Solicitation or recruitment of persons in criminal street 
                            gang activity.
Sec. 202. Increased penalties for using minors to distribute drugs.
Sec. 203. Penalties for use of minors in crimes of violence.
Sec. 204. Criminal street gangs.
Sec. 205. High intensity interstate gang activity areas.
Sec. 206. Increasing the penalty for using physical force to tamper 
                            with witnesses, victims, or informants.
Sec. 207. Authority to make grants to prosecutors' offices to combat 
                            gang crime and youth violence.
Sec. 208. Increase in offense level for participation in crime as a 
                            gang member.
Sec. 209. Interstate and foreign travel or transportation in aid of 
                            criminal gangs.
Sec. 210. Prohibitions relating to firearms.
Sec. 211. Clone pagers.
  TITLE III--JUVENILE CRIME CONTROL, ACCOUNTABILITY, AND DELINQUENCY 
                               PREVENTION

 Subtitle A--Reform of the Juvenile Justice and Delinquency Prevention 
                              Act of 1974

Sec. 301. Findings; declaration of purpose; definitions.
Sec. 302. Juvenile crime control and prevention.
Sec. 303. Runaway and homeless youth.
Sec. 304. National Center for Missing and Exploited Children.
Sec. 305. Transfer of functions and savings provisions.
Subtitle B--Accountability for Juvenile Offenders and Public Protection 
                            Incentive Grants

Sec. 321. Block grant program.
Sec. 322. Pilot program to promote replication of recent successful 
                            juvenile crime reduction strategies.
Sec. 323. Repeal of unnecessary and duplicative programs.
Sec. 324. Extension of Violent Crime Reduction Trust Fund.
Sec. 325. Reimbursement of States for costs of incarcerating juvenile 
                            aliens.
      Subtitle C--Alternative Education and Delinquency Prevention

Sec. 331. Alternative education.
                  Subtitle D--Parenting as Prevention

Sec. 341. Short title.
Sec. 342. Establishment of program.
Sec. 343. National Parenting Support and Education Commission.
Sec. 344. State and local parenting support and education grant 
                            program.
Sec. 345. Grants to address the problem of violence related stress to 
                            parents and children.
     TITLE IV--VOLUNTARY MEDIA AGREEMENTS FOR CHILDREN'S PROTECTION

                  Subtitle A--Children and the Media.

Sec. 401. Short title.
Sec. 402. Findings.
Sec. 403. Purposes; construction.
Sec. 404. Exemption of voluntary agreements on guidelines for certain 
                            entertainment material from applicability 
                            of antitrust laws.
Sec. 405. Exemption of activities to ensure compliance with ratings and 
                            labeling systems from applicability of 
                            antitrust laws.
Sec. 406. Definitions.
                       Subtitle B--Other Matters.

Sec. 411. Study of marketing practices of motion picture, recording, 
                            and video/personal computer game 
                            industries.
                  TITLE V--GENERAL FIREARM PROVISIONS

Sec. 501. Special licensees; special registrations.
Sec. 502. Clarification of authority to conduct firearm transactions at 
                            gun shows.
Sec. 503. ``Instant check'' gun tax and gun owner privacy.
Sec. 504. Effective date.
       TITLE VI--RESTRICTING JUVENILE ACCESS TO CERTAIN FIREARMS

Sec. 601. Penalties for unlawful acts by juveniles.
Sec. 602. Effective date.
                       TITLE VII--ASSAULT WEAPONS

Sec. 701. Short title.
Sec. 702. Ban on importing large capacity ammunition feeding devices.
Sec. 703. Definition of large capacity ammunition feeding device.
Sec. 704. Effective date.
               TITLE VIII--EFFECTIVE GUN LAW ENFORCEMENT

             Subtitle A--Criminal Use of Firearms by Felons

Sec. 801. Short title.
Sec. 802. Findings.
Sec. 803. Criminal Use of Firearms by Felons Program.
Sec. 804. Annual reports.
Sec. 805. Authorization of appropriations.
   Subtitle B--Apprehension and Treatment of Armed Violent Criminals

Sec. 811. Apprehension and procedural treatment of armed violent 
                            criminals.
                Subtitle C--Youth Crime Gun Interdiction

Sec. 821. Youth crime gun interdiction initiative.
                    Subtitle D--Gun Prosecution Data

Sec. 831. Collection of gun prosecution data.
     Subtitle E--Firearms Possession by Violent Juvenile Offenders

Sec. 841. Prohibition on firearms possession by violent juvenile 
                            offenders.
            Subtitle F--Juvenile Access to Certain Firearms

Sec. 851. Penalties for firearm violations involving juveniles.
                 Subtitle G--General Firearm Provisions

Sec. 861. National instant criminal background check system 
                            improvements.
                      TITLE IX--ENHANCED PENALTIES

Sec. 901. Straw purchases.
Sec. 902. Stolen firearms.
Sec. 903. Increase in penalties for crimes involving firearms.
Sec. 904. Increased penalties for distributing drugs to minors.
Sec. 905. Increased penalty for drug trafficking in or near a school or 
                            other protected location.
                     TITLE X--CHILD HANDGUN SAFETY

Sec. 1001. Short title.
Sec. 1002. Purposes.
Sec. 1003. Firearms safety.
Sec. 1004. Effective date.
            TITLE XI--SCHOOL SAFETY AND VIOLENCE PREVENTION

Sec. 1101. School safety and violence prevention.
Sec. 1102. Study.
Sec. 1103. School uniforms.
Sec. 1104. Transfer of school disciplinary records.
Sec. 1105. School violence research.
Sec. 1106. National character achievement award.
Sec. 1107. National Commission on Character Development.
Sec. 1108. Juvenile access to treatment.
Sec. 1109. Background checks.
Sec. 1110. Drug tests.
Sec. 1111. Sense of the Senate.
              TITLE XII--TEACHER LIABILITY PROTECTION ACT

Sec. 1201. Short title.
Sec. 1202. Findings and purpose.
Sec. 1203. Preemption and election of State nonapplicability.
Sec. 1204. Limitation on liability for teachers.
Sec. 1205. Liability for noneconomic loss.
Sec. 1206. Definitions.
Sec. 1207. Effective date.
 TITLE XIII--VIOLENCE PREVENTION TRAINING FOR EARLY CHILDHOOD EDUCATORS

Sec. 1301. Short title.
Sec. 1302. Purpose.
Sec. 1303. Findings.
Sec. 1304. Definitions.
Sec. 1305. Program authorized.
Sec. 1306. Application.
Sec. 1307. Selection priorities.
Sec. 1308. Authorization of appropriations.
 TITLE XIV--PREVENTING JUVENILE DELINQUENCY THROUGH CHARACTER EDUCATION

Sec. 1401. Purpose.
Sec. 1402. Authorization of appropriations.
Sec. 1403. School-based programs.
Sec. 1404. After school programs.
Sec. 1405. General provisions.
       TITLE XV--VIOLENT OFFENDER DNA IDENTIFICATION ACT OF 1999

Sec. 1501. Short title.
Sec. 1502. Elimination of convicted offender DNA backlog.
Sec. 1503. DNA identification of Federal, District of Columbia, and 
                            military violent offenders.
                  TITLE XVI--MISCELLANEOUS PROVISIONS

                     Subtitle A--General Provisions

Sec. 1601. Prohibition on firearms possession by violent juvenile 
                            offenders.
Sec. 1602. Safe students.
Sec. 1603. Study of marketing practices of the firearms industry.
Sec. 1604. Provision of Internet filtering or screening software by 
                            certain Internet service providers.
Sec. 1605. Application of section 923 (j) and (m).
Sec. 1606. Constitutionality of memorial services and memorials at 
                            public schools.
Sec. 1607. Twenty-first Amendment enforcement.
Sec. 1608. Interstate shipment and delivery of intoxicating liquors.
Sec. 1609. Disclaimer on materials produced, procured or distributed 
                            from funding authorized by this Act.
Sec. 1610. Aimee's Law.
Sec. 1611. Drug tests and locker inspections.
Sec. 1612. Waiver for local match requirement under community policing 
                            program.
Sec. 1613. Carjacking offenses.
Sec. 1614. Special forfeiture of collateral profits of crime.
Sec. 1615. Caller identification services to elementary and secondary 
                            schools as part of universal service 
                            obligation.
Sec. 1616. Parent leadership model.
Sec. 1617. National media campaign against violence.
Sec. 1618. Victims of terrorism.
Sec. 1619. Truth-in-sentencing incentive grants.
Sec. 1620. Application of provision relating to a sentence of death for 
                            an act of animal enterprise terrorism.
Sec. 1621. Prohibitions relating to explosive materials.
Sec. 1622. District judges for districts in the States of Arizona, 
                            Florida, and Nevada.
Sec. 1623. Behavioral and social science research on youth violence.
Sec. 1624. Sense of the Senate regarding mentoring programs.
Sec. 1625. Families and Schools Together program.
Sec. 1626. Amendments relating to violent crime in Indian country and 
                            areas of exclusive Federal jurisdiction.
Sec. 1627. Federal Judiciary Protection Act of 1999.
Sec. 1628. Local enforcement of local alcohol prohibitions that reduce 
                            juvenile crime in remote Alaska villages.
Sec. 1629. Rule of Construction.
Sec. 1630. Bounty hunter accountability and quality assistance.
Sec. 1631. Assistance for unincorporated neighborhood watch programs.
Sec. 1632. Findings and sense of Congress.
Sec. 1633. Prohibition on promoting violence on Federal property.
Sec. 1634. Provisions relating to pawn shops and special licensees.
Sec. 1635. Extension of Brady background checks to gun shows.
Sec. 1636. Appropriate interventions and services; clarification of 
                            Federal law.
Sec. 1637. Safe schools.
Sec. 1638. School counseling.
Sec. 1639. Criminal prohibition on distribution of certain information 
                            relating to explosives, destructive 
                            devices, and weapons of mass destruction.
                Subtitle B--James Guelff Body Armor Act

Sec. 1641. Short title.
Sec. 1642. Findings.
Sec. 1643. Definitions.
Sec. 1644. Amendment of sentencing guidelines with respect to body 
                            armor.
Sec. 1645. Prohibition of purchase, use, or possession of body armor by 
                            violent felons.
Sec. 1646. Donation of Federal surplus body armor to State and local 
                            law enforcement agencies.
Sec. 1647. Additional findings; purpose.
Sec. 1648. Matching grant programs for law enforcement bullet resistant 
                            equipment and for video cameras.
Sec. 1649. Sense of Congress.
Sec. 1650. Technology development.
Sec. 1651. Matching grant program for law enforcement armor vests.
        Subtitle C--Animal Enterprise Terrorism and Ecoterrorism

Sec. 1652. Enhancement of penalties for animal enterprise terrorism.
Sec. 1653. National animal terrorism and ecoterrorism incident 
                            clearinghouse.
                 Subtitle D--Jail-Based Substance Abuse

Sec. 1654. Jail-based substance abuse treatment programs.
                    Subtitle E--Safe School Security

Sec. 1655. Short title.
Sec. 1656. Establishment of School Security Technology Center.
Sec. 1657. Grants for local school security programs.
Sec. 1658. Safe and secure school advisory report.
                   Subtitle F--Internet Prohibitions

Sec. 1661. Short title.
Sec. 1662. Findings; purpose.
Sec. 1663. Prohibitions on uses of the Internet.
Sec. 1664. Effective date.
              Subtitle G--Partnerships for High-Risk Youth

Sec. 1671. Short title.
Sec. 1672. Findings.
Sec. 1673. Purposes.
Sec. 1674. Establishment of demonstration project.
Sec. 1675. Eligibility.
Sec. 1676. Uses of funds.
Sec. 1677. Authorization of appropriations.
              Subtitle H--National Youth Crime Prevention

Sec. 1681. Short title.
Sec. 1682. Purposes.
Sec. 1683. Establishment of National Youth Crime Prevention 
                            Demonstration Project.
Sec. 1684. Eligibility.
Sec. 1685. Uses of funds.
Sec. 1686. Reports.
Sec. 1687. Definitions.
Sec. 1688. Authorization of appropriations.
             Subtitle I--National Youth Violence Commission

Sec. 1691. Short title.
Sec. 1692. National Youth Violence Commission.
Sec. 1693. Duties of the Commission.
Sec. 1694. Powers of the Commission.
Sec. 1695. Commission personnel matters.
Sec. 1696. Authorization of appropriations.
Sec. 1697. Termination of the Commission.
                       Subtitle J--School Safety

Sec. 1698. Short title.
Sec. 1699. Amendments to the Individuals with Disabilities Education 
                            Act.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (1) at the outset of the 20th century, the States adopted a 
        separate justice system for juvenile offenders;
            (2) violent crimes committed by juveniles, such as 
        homicide, rape, and robbery, were an unknown phenomenon then, 
        but the rate at which juveniles commit such crimes has 
        escalated astronomically since that time;
            (3) in 1994--
                    (A) the number of persons arrested overall for 
                murder in the United States decreased by 5.8 percent, 
                but the number of persons who are less than 15 years of 
                age arrested for murder increased by 4 percent; and
                    (B) the number of persons arrested for all violent 
                crimes increased by 1.3 percent, but the number of 
                persons who are less than 15 years of age arrested for 
                violent crimes increased by 9.2 percent, and the number 
                of persons less than 18 years of age arrested for such 
                crimes increased by 6.5 percent;
            (4) from 1985 to 1996, the number of persons arrested for 
        all violent crimes increased by 52.3 percent, but the number of 
        persons under age 18 arrested for violent crimes rose by 75 
        percent;
            (5) the number of juvenile offenders is expected to undergo 
        a massive increase during the first 2 decades of the twenty-
        first century, culminating in an unprecedented number of 
        violent offenders who are less than 18 years of age;
            (6) the rehabilitative model of sentencing for juveniles, 
        which Congress rejected for adult offenders when Congress 
        enacted the Sentencing Reform Act of 1984, is inadequate and 
        inappropriate for dealing with many violent and repeat juvenile 
        offenders;
            (7) the Federal Government should encourage the States to 
        experiment with progressive solutions to the escalating problem 
        of juveniles who commit violent crimes and who are repeat 
        offenders, including prosecuting such offenders as adults, but 
        should not impose specific strategies or programs on the 
        States;
            (8) an effective strategy for reducing violent juvenile 
        crime requires greater collection of investigative data and 
        other information, such as fingerprints and DNA evidence, as 
        well as greater sharing of such information--
                    (A) among Federal, State, and local agencies, 
                including the courts; and
                    (B) among the law enforcement, educational, and 
                social service systems;
            (9) data regarding violent juvenile offenders should be 
        made available to the adult criminal justice system if 
        recidivism by criminals is to be addressed adequately;
            (10) holding juvenile proceedings in secret denies victims 
        of crime the opportunity to attend and be heard at such 
        proceedings, helps juvenile offenders to avoid accountability 
        for their actions, and shields juvenile proceedings from public 
        scrutiny and accountability;
            (11) the injuries and losses suffered by the victims of 
        violent crime are no less painful or devastating because the 
        offender is a juvenile; and
            (12) the prevention, investigation, prosecution, 
        adjudication, and punishment of criminal offenses committed by 
        juveniles, and the rehabilitation and correction of juvenile 
        offenders are, and should remain, primarily the responsibility 
        of the States, to be carried out without interference from the 
        Federal Government.
    (b) Purposes.--The purposes of this Act are--
            (1) to reform Federal juvenile justice programs and 
        policies in order to promote the emergence of juvenile justice 
        systems in which the paramount concerns are providing for the 
        safety of the public and holding juvenile wrongdoers 
        accountable for their actions, while providing the wrongdoer a 
        genuine opportunity for self-reform;
            (2) to revise the procedures in Federal court that are 
        applicable to the prosecution of juvenile offenders; and
            (3) to encourage and promote, consistent with the ideals of 
        federalism, adoption of policies by the States to ensure that 
        the victims of violent crimes committed by juveniles receive 
        the same level of justice as do victims of violent crimes that 
        are committed by adults.

SEC. 3. SEVERABILITY.

    If any provision of this Act, an amendment made by this Act, or the 
application of such provision or amendment to any person or 
circumstance is held to be unconstitutional, the remainder of this Act, 
the amendments made by this Act, and the application of the provisions 
of such to any person or circumstance shall not be affected thereby.

                    TITLE I--JUVENILE JUSTICE REFORM

SEC. 101. SURRENDER TO STATE AUTHORITIES.

    Section 5001 of title 18, United States Code, is amended by 
striking the first undesignated paragraph and inserting the following:
    ``Whenever any person who is less than 18 years of age is been 
arrested and charged with the commission of an offense (or an act of 
delinquency that would be an offense were it committed by an adult) 
punishable in any court of the United States or of the District of 
Columbia, the United States Attorney for the district in which such 
person has been arrested may forego prosecution pursuant to section 
5032(a)(2) if, after investigation by the United States Attorney, it 
appears that--
            ``(1) such person has committed an act that is also an 
        offense or an act of delinquency under the law of any State or 
        the District of Columbia;
            ``(2) such State or the District of Columbia, as 
        applicable, can and will assume jurisdiction over such juvenile 
        and will take such juvenile into custody and deal with the 
        juvenile in accordance with the law of such State or the 
        District of Columbia, as applicable; and
            ``(3) it is in the best interests of the United States and 
        of the juvenile offender.''.

SEC. 102. TREATMENT OF FEDERAL JUVENILE OFFENDERS.

    (a) In General.--Section 5032 of title 18, United States Code, is 
amended to read as follows:
``Sec. 5032. Delinquency proceedings in district courts; juveniles 
              tried as adults; transfer for other criminal prosecution
    ``(a) In General.--
            ``(1) Delinquency proceedings in district courts.--A 
        juvenile who is alleged to have committed a Federal offense 
        shall, except as provided in paragraph (2), be tried in the 
        appropriate district court of the United States--
                    ``(A) in the case of an offense described in 
                subsection (c), and except as provided in subsection 
                (i), if the juvenile was not less than 14 years of age 
                at the time of the offense, as an adult at the 
                discretion of the United States Attorney in the 
                appropriate jurisdiction, upon certification by that 
                United States Attorney (which certification shall not 
                be subject to review in or by any court, except as 
                provided in subsection (d)(2)) that--
                            ``(i) there is a substantial Federal 
                        interest in the case or the offense to warrant 
                        the exercise of Federal jurisdiction; or
                            ``(ii) the ends of justice otherwise so 
                        require;
                    ``(B) in the case of a felony offense that is not 
                described in subsection (c), and except as provided in 
                subsection (i), if the juvenile was not less than 14 
                years of age at the time of the offense, as an adult, 
                upon certification by the Attorney General (which 
                certification shall not be subject to review in or by 
                any court, except as provided in subsection (d)(2)) 
                that--
                            ``(i) there is a substantial Federal 
                        interest in the case or the offense to warrant 
                        the exercise of Federal jurisdiction; or
                            ``(ii) the ends of justice otherwise so 
                        require;
                    ``(C) in the case of a juvenile who has, on a prior 
                occasion, been tried and convicted as an adult under 
                this section, as an adult; and
                    ``(D) in all other cases, as a juvenile.
            ``(2) Referral by united states attorney; application to 
        concurrent jurisdiction.--
                    ``(A) In general.--If the United States Attorney in 
                the appropriate jurisdiction (or in the case of an 
                offense under paragraph (1)(B), the Attorney General), 
                declines prosecution of an offense under this section, 
                the matter may be referred to the appropriate legal 
                authorities of the State or Indian tribe with 
                jurisdiction over both the offense and the juvenile.
                    ``(B) Application to concurrent jurisdiction.--The 
                United States Attorney in the appropriate jurisdiction 
                (or, in the case of an offense under paragraph (1)(B), 
                the Attorney General), in cases in which both the 
                Federal Government and a State or Indian tribe have 
                penal provisions that criminalize the conduct at issue 
                and both have jurisdiction over the juvenile, shall 
                exercise a presumption in favor of referral pursuant to 
                subparagraph (A), unless the United States Attorney 
                pursuant to paragraph (1)(A) (or the Attorney General 
                pursuant to paragraph (1)(B)) certifies (which 
                certification shall not be subject to review in or by 
                any court) that--
                            ``(i) the prosecuting authority or the 
                        juvenile court or other appropriate court of 
                        the State or Indian tribe refuses, declines, or 
                        will refuse or will decline to assume 
                        jurisdiction over the conduct or the juvenile; 
                        and
                            ``(ii) there is a substantial Federal 
                        interest in the case or the offense to warrant 
                        the exercise of Federal jurisdiction.
                    ``(C) Definition.--In this subsection, the term 
                `Indian tribe' has the meaning given the term in 
                section 4(e) of the Indian Self-Determination and 
                Education Assistance Act (25 U.S.C. 450b(e)).
    ``(b) Joinder; Lesser Included Offenses.--In a prosecution under 
this section, a juvenile may be prosecuted and convicted as an adult 
for any offense that is properly joined under the Federal Rules of 
Criminal Procedure with an offense described in subsection (c), and may 
also be convicted of a lesser included offense.
    ``(c) Offenses Described.--An offense is described in this 
subsection if it is a Federal offense that--
            ``(1) is a serious violent felony or a serious drug offense 
        (as those terms are defined in section 3559(c), except that 
        section 3559(c)(3) does not apply to this subsection); or
            ``(2) is a conspiracy or an attempt to commit an offense 
        described in paragraph (1).
    ``(d) Waiver to Juvenile Status in Certain Cases; Limitations on 
Judicial Review.--
            ``(1) In general.--Except as otherwise provided in this 
        subsection, a determination to approve or not to approve, or to 
        institute or not to institute, a prosecution under subsection 
        (a)(1) shall not be reviewable in any court.
            ``(2) Determination by court on trial as adult of certain 
        juvenile.--In any prosecution of a juvenile under subsection 
        (a)(1)(A) if the juvenile was less than 16 years of age at the 
        time of the offense, or under subsection (a)(1)(B), upon motion 
        of the defendant and after a hearing, the court in which 
        criminal charges have been filed shall determine whether to 
        issue an order to provide for the transfer of the defendant to 
        juvenile status for the purposes of proceeding against the 
        defendant or for referral under subsection (a).
            ``(3) Time requirements.--A motion by a defendant under 
        paragraph (2) shall not be considered unless that motion is 
        filed not later than 30 days after the date on which the 
        defendant--
                    ``(A) appears through counsel to answer an 
                indictment; or
                    ``(B) expressly waives the right to counsel and 
                elects to proceed pro se.
            ``(4) Prohibition.--The court shall not order the transfer 
        of a defendant to juvenile status under paragraph (2) unless 
        the defendant establishes by a preponderance of the evidence or 
        information that removal to juvenile status would be in the 
        interest of justice. In making a determination under paragraph 
        (2), the court may consider--
                    ``(A) the nature of the alleged offense, including 
                the extent to which the juvenile played a leadership 
                role in an organization, or otherwise influenced other 
                persons to take part in criminal activities;
                    ``(B) whether prosecution of the juvenile as an 
                adult is necessary to protect property or public 
                safety;
                    ``(C) the age and social background of the 
                juvenile;
                    ``(D) the extent and nature of the prior criminal 
                or delinquency record of the juvenile;
                    ``(E) the intellectual development and 
                psychological maturity of the juvenile;
                    ``(F) the nature of any treatment efforts and the 
                response of the juvenile to those efforts; and
                    ``(G) the availability of programs designed to 
                treat any identified behavioral problems of the 
                juvenile.
            ``(5) Status of orders.--
                    ``(A) In general.--An order of the court made in 
                ruling on a motion by a defendant to transfer a 
                defendant to juvenile status under this subsection 
                shall not be a final order for the purpose of enabling 
                an appeal, except that an appeal by the United States 
                shall lie to a court of appeals pursuant to section 
                3731 from an order of a district court removing a 
                defendant to juvenile status.
                    ``(B) Appeals.--Upon receipt of a notice of appeal 
                of an order under this paragraph, a court of appeals 
                shall hear and determine the appeal on an expedited 
                basis.
            ``(6) Inadmissibility of evidence.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), no statement made by a defendant 
                during or in connection with a hearing under this 
                subsection shall be admissible against the defendant in 
                any criminal prosecution.
                    ``(B) Exceptions.--The prohibition under 
                subparagraph (A) shall apply, except--
                            ``(i) for impeachment purposes; or
                            ``(ii) in a prosecution for perjury or 
                        giving a false statement.
            ``(7) Rules.--The rules concerning the receipt and 
        admissibility of evidence under this subsection shall be the 
        same as prescribed in section 3142(f).
    ``(e) Applicable Procedures.--Any prosecution in a district court 
of the United States under this section--
            ``(1) in the case of a juvenile tried as an adult under 
        subsection (a), shall proceed in the same manner as is required 
        by this title and by the Federal Rules of Criminal Procedure in 
        any proceeding against an adult; and
            ``(2) in all other cases, shall proceed in accordance with 
        this chapter, unless the juvenile has requested in writing, 
        upon advice of counsel, to be proceeded against as an adult.
    ``(f) Application of Laws.--
            ``(1) Applicability of sentencing provisions.--
                    ``(A) In general.--Except as otherwise provided in 
                this chapter, and subject to subparagraph (C) of this 
                paragraph, in any case in which a juvenile is 
                prosecuted in a district court of the United States as 
                an adult, the juvenile shall be subject to the same 
                laws, rules, and proceedings regarding sentencing 
                (including the availability of probation, restitution, 
                fines, forfeiture, imprisonment, and supervised 
                release) that would be applicable in the case of an 
                adult, except that no person shall be subject to the 
                death penalty for an offense committed before the 
                person attains the age of 18 years.
                    ``(B) Status as adult.--No juvenile sentenced to a 
                term of imprisonment shall be released from custody on 
                the basis that the juvenile has attained the age of 18 
                years.
                    ``(C) Applicable guidelines.--Each juvenile tried 
                as an adult shall be sentenced in accordance with the 
                Federal sentencing guidelines promulgated under section 
                994(z) of title 28, United States Code, once such 
                guidelines are promulgated and take effect.
            ``(2) Applicability of mandatory restitution provisions to 
        certain juveniles.--If a juvenile is tried as an adult for any 
        offense to which the mandatory restitution provisions of 
        sections 3663A, 2248, 2259, 2264, and 2323 apply, those 
        sections shall apply to that juvenile in the same manner and to 
        the same extent as those provisions apply to adults.
    ``(g) Open Proceedings.--
            ``(1) In general.--Any offense tried or adjudicated in a 
        district court of the United States under this section shall be 
        open to the general public, in accordance with rules 10, 26, 
        31(a), and 53 of the Federal Rules of Criminal Procedure, 
        unless good cause is established by the moving party or is 
        otherwise found by the court, for closure.
            ``(2) Status alone insufficient.--The status of the 
        defendant as a juvenile, absent other factors, shall not 
        constitute good cause for purposes of this subsection.
    ``(h) Availability of Records.--
            ``(1) In general.--In making a determination concerning the 
        arrest or prosecution of a juvenile in a district court of the 
        United States under this section, the United States Attorney of 
        the appropriate jurisdiction, or, as appropriate, the Attorney 
        General, shall have complete access to the prior Federal 
        juvenile records of the subject juvenile and, to the extent 
        permitted by State law, the prior State juvenile records of the 
        subject juvenile.
            ``(2) Consideration of entire record.--In any case in which 
        a juvenile is found guilty or adjudicated delinquent in an 
        action under this section, the district court responsible for 
        imposing sentence shall have complete access to the prior 
        Federal juvenile records of the subject juvenile and, to the 
        extent permitted under State law, the prior State juvenile 
        records of the subject juvenile. At sentencing, the district 
        court shall consider the entire available prior juvenile record 
        of the subject juvenile.
    ``(i) Application to Indian Country.--Notwithstanding sections 1152 
and 1153, certification under subparagraph (A) or (B) of subsection 
(a)(1) shall not be made nor granted with respect to a juvenile who is 
subject to the criminal jurisdiction of an Indian tribal government if 
the juvenile is less than 15 years of age at the time of offense and is 
alleged to have committed an offense for which there would be Federal 
jurisdiction based solely on commission of the offense in Indian 
country (as defined in section 1151), unless the governing body of the 
tribe having jurisdiction over the place where the alleged offense was 
committed has, before the occurrence of the alleged offense, notified 
the Attorney General in writing of its election that prosecution as an 
adult may take place under this section.''.
    (b) Conforming Amendments.--
            (1) Chapter analysis.--The analysis for chapter 403 of 
        title 18, United States Code, is amended by striking the item 
        relating to section 5032 and inserting the following:

``5032. Delinquency proceedings in district courts; juveniles tried as 
                            adults; transfer for other criminal 
                            prosecution.''.
            (2) Adult sentencing.--Section 3553 of title 18, United 
        States Code, is amended by adding at the end the following:
    ``(g) Limitation on Applicability of Statutory Minimums in Certain 
Prosecutions of Persons Younger Than 16.--Notwithstanding any other 
provision of law, in the case of a defendant convicted for conduct that 
occurred before the juvenile attained the age of 16 years, the court 
shall impose a sentence without regard to any statutory minimum 
sentence, if the court finds at sentencing, after affording the 
Government an opportunity to make a recommendation, that the juvenile 
has not been previously adjudicated delinquent for, or convicted of, a 
serious violent felony or a serious drug offense (as those terms are 
defined in section 3559(c)).
    ``(h) Treatment of Juvenile Criminal History in Federal 
Sentencing.--
            ``(1) In general.--
                    ``(A) Sentencing guidelines.--Pursuant to its 
                authority under section 994 of title 28, the United 
                States Sentencing Commission (referred to in this 
                subsection as the `Commission') shall amend the Federal 
                sentencing guidelines to provide that, in determining 
                the criminal history score under the Federal sentencing 
                guidelines for any adult offender or any juvenile 
                offender being sentenced as an adult, prior juvenile 
                convictions and adjudications for offenses described in 
                paragraph (2) shall receive a score similar to that 
                which the defendant would have received if those 
                offenses had been committed by the defendant as an 
                adult, if any portion of the sentence for the offense 
                was imposed or served within 15 years after the 
                commencement of the instant offense.
                    ``(B) Reviews.--The Commission shall review the 
                criminal history treatment of juvenile adjudications or 
                convictions for offenses other than those described in 
                paragraph (2) to determine whether the treatment should 
                be adjusted as described in subparagraph (A), and make 
                any amendments to the Federal sentencing guidelines as 
                necessary to make whatever adjustments the Commission 
                concludes are necessary to implement the results of the 
                review.
            ``(2) Offenses described.--The offenses described in this 
        paragraph include any--
                    ``(A) crime of violence;
                    ``(B) controlled substance offense;
                    ``(C) other offense for which the defendant 
                received a sentence or disposition of imprisonment of 1 
                year or more; and
                    ``(D) other offense punishable by a term of 
                imprisonment of more than 1 year for which the 
                defendant was prosecuted as an adult.
            ``(3) Definitions.--The Federal sentencing guidelines 
        described in paragraph (1) shall define the terms `crime of 
        violence' and `controlled substance offense' in substantially 
        the same manner as those terms are defined in Guideline Section 
        4B1.2 of the November 1, 1995, Guidelines Manual.
            ``(4) Juvenile adjudications.--In carrying out this 
        subsection, the Commission--
                    ``(A) shall assign criminal history points for 
                juvenile adjudications based principally on the nature 
                of the acts committed by the juvenile; an
                    ``(B) may provide for some adjustment of the score 
                in light of the length of sentence the juvenile 
                received.
            ``(5) Emergency authority.--The Commission shall promulgate 
        the Federal sentencing guidelines and amendments under this 
        subsection as soon as practicable, and in any event not later 
        than 90 days after the date of enactment of the Violent and 
        Repeat Juvenile Offender Accountability and Rehabilitation Act 
        of 1999, in accordance with the procedures set forth in section 
        21(a) of the Sentencing Act of 1987, as though the authority 
        under that authority had not expired, except that the 
        Commission shall submit to Congress the emergency guidelines or 
        amendments promulgated under this section, and shall set an 
        effective date for those guidelines or amendments not earlier 
        than 30 days after their submission to Congress.
            ``(6) Career offender determination.--Pursuant to its 
        authority under section 994 of title 28, the Commission shall 
        amend the Federal sentencing guidelines to provide for 
        inclusion, in any determination regarding whether a juvenile or 
        adult defendant is a career offender under section 994(h) of 
        title 28, and any computation of the sentence that any 
        defendant found to be a career offender should receive, of any 
        act for which the defendant was previously convicted or 
        adjudicated delinquent as a juvenile that would be a felony 
        covered by that section if it had been committed by the 
        defendant as an adult.''.

SEC. 103. DEFINITIONS.

    Section 5031 of title 18, United States Code, is amended to read as 
follows:
``Sec. 5031. Definitions
    ``In this chapter:
            ``(1) Adult inmate.--The term `adult inmate' means an 
        individual who has attained the age of 18 years and who is in 
        custody for, awaiting trial on, or convicted of criminal 
        charges committed while an adult or an act of juvenile 
        delinquency committed while a juvenile.
            ``(2) Juvenile.--The term `juvenile' means--
                    ``(A) a person who has not attained the age of 18 
                years; or
                    ``(B) for the purpose of proceedings and 
                disposition under this chapter for an alleged act of 
                juvenile delinquency, a person who has not attained the 
                age of 21 years.
            ``(3) Juvenile delinquency.--The term `juvenile 
        delinquency' means the violation of a law of the United States 
        committed by a person before the eighteenth birthday of that 
        person, if the violation--
                    ``(A) would have been a crime if committed by an 
                adult; or
                    ``(B) is a violation of section 922(x).
            ``(4) Prohibited physical contact.--
                    ``(A) In general.--The term `prohibited physical 
                contact' means--
                            ``(i) any physical contact between a 
                        juvenile and an adult inmate; and
                            ``(ii) proximity that provides an 
                        opportunity for physical contact between a 
                        juvenile and an adult inmate.
                    ``(B) Exclusion.--The term does not include 
                supervised proximity between a juvenile and an adult 
                inmate that is brief and inadvertent, or accidental, in 
                secure areas of a facility that are not dedicated to 
                use by juvenile offenders and that are nonresidential, 
                which may include dining, recreational, educational, 
                vocational, health care, entry areas, and passageways.
            ``(5) Sustained oral communication.--
                    ``(A) In general.--The term `sustained oral 
                communication' means the imparting or interchange of 
                speech by or between a juvenile and an adult inmate.
                    ``(B) Exception.--The term does not include--
                            ``(i) communication that is accidental or 
                        incidental; or
                            ``(ii) sounds or noises that cannot 
                        reasonably be considered to be speech.
            ``(6) State.--The term `State' includes a State of the 
        United States, the District of Columbia, any commonwealth, 
        territory, or possession of the United States and, with regard 
        to an act of juvenile delinquency that would have been a 
        misdemeanor if committed by an adult, an Indian tribe (as 
        defined in section 4(e) of the Indian Self-Determination and 
        Education Assistance Act (25 U.S.C. 4506(e))).
            ``(7) Violent juvenile.--The term `violent juvenile' means 
        any juvenile who is alleged to have committed, has been 
        adjudicated delinquent for, or has been convicted of an offense 
        that, if committed by an adult, would be a crime of violence 
        (as defined in section 16).''.

SEC. 104. NOTIFICATION AFTER ARREST.

    Section 5033 of title 18, United States Code, is amended--
            (1) in the first sentence, by striking ``immediately notify 
        the Attorney General and'' and inserting the following: 
        ``immediately, or as soon as practicable thereafter, notify the 
        United States Attorney of the appropriate jurisdiction and 
        shall promptly take reasonable steps to notify''; and
            (2) in the second sentence of the second undesignated 
        paragraph, by inserting before the period at the end the 
        following: ``, and the juvenile shall not be subject to 
        detention under conditions that permit prohibited physical 
        contact with adult inmates or in which the juvenile and an 
        adult inmate can engage in sustained oral communication''.

SEC. 105. RELEASE AND DETENTION PRIOR TO DISPOSITION.

    (a) Duties of Magistrate.--Section 5034 of title 18, United States 
Code, is amended--
            (1) by striking ``The magistrate shall insure'' and 
        inserting the following:
    ``(a) In General.--
            ``(1) Representation by counsel.--The magistrate shall 
        ensure'';
            (2) by striking ``The magistrate may appoint'' and 
        inserting the following:
            ``(2) Guardian ad litem.--The magistrate may appoint'';
            (3) by striking ``If the juvenile'' and inserting the 
        following:
    ``(b) Release Prior to Disposition.--Except as provided in 
subsection (c), if the juvenile''; and
            (4) by adding at the end the following:
    ``(c) Release of Certain Juveniles.--A juvenile who is to be tried 
as an adult pursuant to section 5032 shall be released pending trial 
only in accordance with the applicable provisions of chapter 207. The 
release shall be conducted in the same manner and shall be subject to 
the same terms, conditions, and sanctions for violation of a release 
condition as provided for an adult under chapter 207.
    ``(d) Penalty for an Offense Committed While on Release.--
            ``(1) In general.--A juvenile alleged to have committed, 
        while on release under this section, an offense that, if 
        committed by an adult, would be a Federal criminal offense, 
        shall be subject to prosecution under section 5032.
            ``(2) Applicability of certain penalties.--Section 3147 
        shall apply to a juvenile who is to be tried as an adult 
        pursuant to section 5032 for an offense committed while on 
        release under this section.''.
    (b) Detention Prior to Disposition.--Section 5035 of title 18, 
United States Code, is amended--
            (1) by striking ``A juvenile'' and inserting the following:
    ``(a) In General.--Except as provided in subsection (b), a 
juvenile'';
            (2) in subsection (a), as redesignated--
                    (A) in the third sentence, by striking ``regular 
                contact'' and inserting ``prohibited physical contact 
                or sustained oral communication''; and
                    (B) after the fourth sentence, by inserting the 
                following: ``To the extent practicable, violent 
                juveniles shall be kept separate from nonviolent 
                juveniles.''; and
            (3) by adding at the end the following:
    ``(b) Detention of Certain Juveniles.--
            ``(1) In general.--A juvenile who is to be tried as an 
        adult pursuant to section 5032 shall be subject to detention in 
        accordance with chapter 207 in the same manner, to the same 
        extent, and subject to the same terms and conditions as an 
        adult would be subject to under that chapter.
            ``(2) Exception.--A juvenile shall not be detained or 
        confined in any institution in which the juvenile has 
        prohibited physical contact or sustained oral communication 
        with adult inmates. To the extent practicable, violent 
        juveniles shall be kept separate from nonviolent juveniles.''.

SEC. 106. SPEEDY TRIAL.

    Section 5036 of title 18, United States Code, is amended--
            (1) by inserting ``who is to be proceeded against as a 
        juvenile pursuant to section 5032 and'' after ``If an alleged 
        delinquent'';
            (2) by striking ``thirty'' and inserting ``70''; and
            (3) by striking ``the court,'' and all that follows through 
        the end of the section and inserting the following: ``the 
        court. The periods of exclusion under section 3161(h) shall 
        apply to this section. In determining whether an information 
        should be dismissed with or without prejudice, the court shall 
        consider the seriousness of the alleged act of juvenile 
        delinquency, the facts and circumstances of the case that led 
        to the dismissal, and the impact of a reprosecution on the 
        administration of justice.''.

SEC. 107. DISPOSITIONAL HEARINGS.

    Section 5037 of title 18, United States Code, is amended--
            (1) by striking subsection (a) and inserting the following:
    ``(a) In General.--
            ``(1) Dispositional hearing.--
                    ``(A) In general.--In a proceeding under section 
                5032(a)(1)(D), if the court finds a juvenile to be a 
                juvenile delinquent, the court shall hold a hearing 
                concerning the appropriate disposition of the juvenile 
                not later than 40 court days after the finding of 
                juvenile delinquency, unless the court has ordered 
                further study pursuant to subsection (e).
                    ``(B) Predisposition report.--A predisposition 
                report shall be prepared by the probation officer, who 
                shall promptly provide a copy to the juvenile, the 
                juvenile's counsel, and the attorney for the 
                Government. Victim impact information shall be included 
                in the predisposition report, and victims or, in 
                appropriate cases, their official representatives, 
                shall be provided the opportunity to make a statement 
                to the court in person or to present any information in 
                relation to the disposition.
            ``(2) Actions of court after hearing.--After a 
        dispositional hearing under paragraph (1), after considering 
        any pertinent policy statements promulgated by the United 
        States Sentencing Commission pursuant to section 994 of title 
        28, and in conformance with any guidelines promulgated by the 
        United States Sentencing Commission pursuant to section 
        994(z)(1)(B) of title 28, the court shall--
                    ``(A) place the juvenile on probation or commit the 
                juvenile to official detention (including the 
                possibility of a term of supervised release), and 
                impose any fine that would be authorized if the 
                juvenile had been tried and convicted as an adult; and
                    ``(B) enter an order of restitution pursuant to 
                section 3663.'';
            (2) in subsection (b)--
                    (A) in the matter preceding paragraph (1), by 
                inserting ``or supervised release'' after 
                ``probation'';
                    (B) by striking ``extend--'' and all that follows 
                through ``The provisions'' and inserting the following: 
                ``extend, in the case of a juvenile, beyond the maximum 
                term of probation that would be authorized by section 
                3561, or beyond the maximum term of supervised release 
                authorized by section 3583, if the juvenile had been 
                tried and convicted as an adult. The provisions dealing 
                with supervised release set forth in section 3583 and 
                the provisions''; and
                    (C) in the last sentence, by inserting ``or 
                supervised release'' after ``on probation''; and
            (3) in subsection (c), by striking ``may not extend--'' and 
        all that follows through ``Section 3624'' and inserting the 
        following: ``may not extend beyond the earlier of the 26th 
        birthday of the juvenile or the termination date of the maximum 
        term of imprisonment, exclusive of any term of supervised 
        release, that would be authorized if the juvenile had been 
        tried and convicted as an adult. No juvenile sentenced to a 
        term of imprisonment shall be released from custody simply 
        because the juvenile attains the age of 18 years. Section 
        3624''.

SEC. 108. USE OF JUVENILE RECORDS.

    Section 5038 of title 18, United States Code, is amended to read as 
follows:
``Sec. 5038. Use of juvenile records
    ``(a) In General.--Throughout a juvenile delinquency proceeding 
under section 5032 or 5037, the records of such proceeding shall be 
safeguarded from disclosure to unauthorized persons, and shall only be 
released to the extent necessary for purposes of--
            ``(1) compliance with section 5032(h);
            ``(2) docketing and processing by the court;
            ``(3) responding to an inquiry received from another court 
        of law;
            ``(4) responding to an inquiry from an agency preparing a 
        presentence report for another court;
            ``(5) responding to an inquiry from a law enforcement 
        agency, if the request for information is related to the 
        investigation of a crime or a position within that agency or 
        analysis requested by the Attorney General;
            ``(6) responding to a written inquiry from the director of 
        a treatment agency or the director of a facility to which the 
        juvenile has been committed by the court;
            ``(7) responding to an inquiry from an agency considering 
        the person for a position immediately and directly affecting 
        national security;
            ``(8) responding to an inquiry from any victim of such 
        juvenile delinquency or, if the victim is deceased, from a 
        member of the immediate family of the victim, related to the 
        final disposition of such juvenile by the court in accordance 
        with section 5032 or 5037, as applicable; and
            ``(9) communicating with a victim of such juvenile 
        delinquency or, in appropriate cases, with the official 
        representative of a victim, in order to--
                    ``(A) apprise the victim or representative of the 
                status or disposition of the proceeding;
                    ``(B) effectuate any other provision of law; or
                    ``(C) assist in the allocution at disposition of 
                the victim or the representative of the victim.
    ``(b) Records of Adjudication.--
            ``(1) Transmission to fbi.--Upon an adjudication of 
        delinquency under section 5032 or 5037, the court shall 
        transmit to the Director of the Federal Bureau of Investigation 
        a record of such adjudication.
            ``(2) Maintaining records.--The Director of the Federal 
        Bureau of Investigation shall maintain, in the central 
        repository of the Federal Bureau of Investigation, in 
        accordance with the established practices and policies relating 
        to adult criminal history records of the Federal Bureau of 
        Investigation--
                    ``(A) a fingerprint supported record of the Federal 
                adjudication of delinquency of any juvenile who commits 
                an act that, if committed by an adult, would constitute 
                the offense of murder, armed robbery, rape (except 
                statutory rape), or a felony offense involving sexual 
                molestation of a child, or a conspiracy or attempt to 
                commit any such offense, that is equivalent to, and 
                maintained and disseminated in the same manner and for 
                the same purposes, as are adult criminal history 
                records for the same offenses; and
                    ``(B) a fingerprint supported record of the Federal 
                adjudication of delinquency of any juvenile who commits 
                an act that, if committed by an adult, would be any 
                felony offense (other than an offense described in 
                subparagraph (A)) that is equivalent to, and maintained 
                and disseminated in the same manner, as are adult 
                criminal history records for the same offenses--
                            ``(i) for use by and within the criminal 
                        justice system for the detection, apprehension, 
                        detention, pretrial release, post-trial 
                        release, prosecution, adjudication, sentencing, 
                        disposition, correctional supervision, or 
                        rehabilitation of an accused person, criminal 
                        offender, or juvenile delinquent; and
                            ``(ii) for purposes of responding to an 
                        inquiry from an agency considering the subject 
                        of the record for a position or clearance 
                        immediately and directly affecting national 
                        security.
            ``(3) Availability of records to schools in certain 
        circumstances.--Notwithstanding paragraph (2), the Director of 
        the Federal Bureau of Investigation shall make an adjudication 
        record of a juvenile maintained pursuant to subparagraph (A) or 
        (B) of that paragraph, or conviction record described in 
        subsection (d), available to an official of an elementary, 
        secondary, or post-secondary school, in appropriate 
        circumstances (as defined by and under rules issued by the 
        Attorney General), if--
                    ``(A) the subject of the record is a student 
                enrolled at the school, or a juvenile who seeks, 
                intends, or is instructed to enroll at that school;
                    ``(B) the school official is subject to the same 
                standards and penalties under applicable Federal and 
                State law relating to the handling and disclosure of 
                information contained in juvenile adjudication records 
                as are employees of law enforcement and juvenile 
                justice agencies in the State; and
                    ``(C) information contained in the record is not 
                used for the sole purpose of denying admission.
    ``(c) Notification of Rights.--A district court of the United 
States that exercises jurisdiction over a juvenile shall notify the 
juvenile, and a parent or guardian of the juvenile, in writing, and in 
clear and nontechnical language, of the rights of the juvenile relating 
to the adjudication record of the juvenile. Any juvenile may petition 
the court after a period of 5 years to have a record relating to such 
juvenile and described in this section (except a record relating to an 
offense described in subsection (b)(2)(A)) removed from the Federal 
Bureau of Investigation database if that juvenile can establish by 
clear and convincing evidence that the juvenile is no longer a danger 
to the community.
    ``(d) Records of Juveniles Tried as Adults.--In any case in which a 
juvenile is tried as an adult in Federal court, the Federal criminal 
record of the juvenile shall be made available in the same manner as is 
applicable to the records of adult defendants.''.

SEC. 109. IMPLEMENTATION OF A SENTENCE FOR JUVENILE OFFENDERS.

    (a) In General.--Section 5039 of title 18, United States Code, is 
amended to read as follows:
``Sec. 5039. Implementation of a sentence
    ``(a) In General.--Except as otherwise provided in this chapter, 
the sentence for a juvenile who is adjudicated delinquent or found 
guilty of an offense under any proceeding in a district court of the 
United States under section 5032 shall be carried out in the same 
manner as for an adult defendant.
    ``(b) Sentences of Imprisonment, Probation, and Supervised 
Release.--Subject to subsection (d), the implementation of a sentence 
of imprisonment is governed by subchapter C of chapter 229 and, if the 
sentence includes a term of probation or supervised release, by 
subchapter A of chapter 229.
    ``(c) Sentences of Fines and Orders of Restitution; Special 
Assessments.--
            ``(1) In general.--A sentence of a fine, an order of 
        restitution, or a special assessment under section 3013 shall 
        be implemented and collected in the same manner as for an adult 
        defendant.
            ``(2) Prohibition.--The parent, guardian, or custodian of a 
        juvenile sentenced to pay a fine may not be made liable for 
        such payment by any court.
    ``(d) Segregation of Juveniles; Conditions of Confinement.--
            ``(1) In general.--No juvenile committed for incarceration, 
        whether pursuant to an adjudication of delinquency or 
        conviction for an offense, to the custody of the Attorney 
        General may, before the juvenile attains the age of 18 years, 
        be placed or retained in any jail or correctional institution 
        in which the juvenile has prohibited physical contact with 
        adult inmate or can engage in sustained oral communication with 
        adult inmates. To the extent practicable, violent juveniles 
        shall be kept separate from nonviolent juveniles.
            ``(2) Requirements.--Each juvenile who is committed for 
        incarceration shall be provided with--
                    ``(A) adequate food, heat, light, sanitary 
                facilities, bedding, clothing, and recreation; and
                    ``(B) as appropriate, counseling, education, 
                training, and medical care (including necessary 
                psychiatric, psychological, or other care or 
                treatment).
            ``(3) Commitment to foster home or community-based 
        facility.--Except in the case of a juvenile who is found guilty 
        of a violent felony or who is adjudicated delinquent for an 
        offense that would be a violent felony if the juvenile had been 
        prosecuted as an adult, the Attorney General shall commit a 
        juvenile to a foster home or community-based facility located 
        in or near his home community if that commitment is--
                    ``(A) practicable;
                    ``(B) in the best interest of the juvenile; and
                    ``(C) consistent with the safety of the 
                community.''.
    (b) Conforming Amendment.--The analysis for chapter 403 of title 
18, United States Code, is amended by striking the item relating to 
section 5039 and inserting the following:

``5039. Implementation of a sentence.''.

SEC. 110. MAGISTRATE JUDGE AUTHORITY REGARDING JUVENILE DEFENDANTS.

    Section 3401(g) of title 18, United States Code, is amended--
            (1) in the second sentence, by inserting after ``magistrate 
        judge may, in any'' the following: ``class A misdemeanor or 
        any''; and
            (2) in the third sentence, by striking ``, except that no'' 
        and all that follows before the period at the end of the 
        subsection.

SEC. 111. FEDERAL SENTENCING GUIDELINES.

    (a) Application of Guidelines to Certain Juvenile Defendants.--
Section 994(h) of title 28, United States Code, is amended by inserting 
``, or in which the defendant is a juvenile who is tried as an adult,'' 
after ``old or older''.
    (b) Guidelines for Juvenile Cases.--
            (1) In general.--Section 994 of title 28, United States 
        Code, is amended by adding at the end the following:
    ``(z) Guidelines for Juvenile Cases.--
            ``(1) In general.--Not later than 1 year after the date of 
        enactment of the Violent and Repeat Juvenile Offender 
        Accountability and Rehabilitation Act of 1999, the Commission, 
        by affirmative vote of not less than 4 members of the 
        Commission, and pursuant to its rules and regulations and 
        consistent with all pertinent provisions of any Federal 
        statute, shall promulgate and distribute to all courts of the 
        United States and to the United States Probation System--
                    ``(A) guidelines, as described in this section, for 
                use by a sentencing court in determining the sentence 
                to be imposed in a criminal case if the defendant 
                committed the offense as a juvenile, and is tried as an 
                adult pursuant to section 5032 of title 18, United 
                States Code; and
                    ``(B) guidelines, as described in this section, for 
                use by a court in determining the sentence to be 
                imposed on a juvenile adjudicated delinquent pursuant 
                to section 5032 of title 18, United States Code, and 
                sentenced pursuant to a dispositional hearing under 
                section 5037 of title 18, United States Code.
            ``(2) Determinations.--In carrying out this subsection, the 
        Commission shall make the determinations required by subsection 
        (a)(1) and promulgate the policy statements and guidelines 
        required by paragraphs (2) and (3) of subsection (a).
            ``(3) Considerations.--In addition to any other 
        considerations required by this section, the Commission, in 
        promulgating guidelines--
                    ``(A) pursuant to paragraph (1)(A), shall presume 
                the appropriateness of adult sentencing provisions, but 
                may make such adjustments to sentence lengths and to 
                provisions governing downward departures from the 
                guidelines as reflect the specific interests and 
                circumstances of juvenile defendants; and
                    ``(B) pursuant to paragraph (1)(B), shall ensure 
                that the guidelines--
                            ``(i) reflect the broad range of sentencing 
                        options available to the court under section 
                        5037 of title 18, United States Code; and
                            ``(ii) effectuate a policy of an 
                        accountability-based juvenile justice system 
                        that provides substantial and appropriate 
                        sanctions, that are graduated to reflect the 
                        severity or repeated nature of violations, for 
                        each delinquent act, and reflect the specific 
                        interests and circumstances of juvenile 
                        defendants.
            ``(4) Review period.--The review period specified by 
        subsection (p) applies to guidelines promulgated pursuant to 
        this subsection and any amendments to those guidelines.''.
            (2) Technical correction to assure compliance of sentencing 
        guidelines with provisions of all federal statutes.--Section 
        994(a) of title 28, United States Code, is amended by striking 
        ``consistent with all pertinent provisions of this title and 
        title 18, United States Code,'' and inserting ``consistent with 
        all pertinent provisions of any Federal statute''.

SEC. 112. STUDY AND REPORT ON INDIAN TRIBAL JURISDICTION.

    Not later than 18 months after the date of enactment of this Act, 
the Attorney General shall conduct a study of the juvenile justice 
systems of Indian tribes (as defined in section 4(e) of the Indian 
Self-Determination and Education Assistance Act (25 U.S.C. 450b(e))) 
and shall report to the Chairman and Ranking Member of the Committee on 
the Judiciary and the Committee on Indian Affairs of the Senate and the 
Chairman and Ranking Member of the Committee on the Judiciary of the 
House of Representatives on--
            (1) the extent to which tribal governments are equipped to 
        adjudicate felonies, misdemeanors, and acts of delinquency 
        committed by juveniles subject to tribal jurisdiction; and
            (2) the need for and benefits from expanding the 
        jurisdiction of tribal courts and the authority to impose the 
        same sentences that can be imposed by Federal or State courts 
        on such juveniles.

                        TITLE II--JUVENILE GANGS

SEC. 201. SOLICITATION OR RECRUITMENT OF PERSONS IN CRIMINAL STREET 
              GANG ACTIVITY.

    (a) Prohibited Acts.--Chapter 26 of title 18, United States Code, 
is amended by adding at the end the following:
``Sec. 522. Recruitment of persons to participate in criminal street 
              gang activity
    ``(a) Prohibited Act.--It shall be unlawful for any person, to use 
any facility in, or travel in, interstate or foreign commerce, or cause 
another to do so, to recruit, solicit, induce, command, or cause 
another person to be or remain as a member of a criminal street gang, 
or conspire to do so, with the intent that the person being recruited, 
solicited, induced, commanded or caused to be or remain a member of 
such gang participate in an offense described in section 521(c) of this 
title.
    ``(b) Penalties.--Any person who violates subsection (a) shall--
            ``(1) if the person recruited, solicited, induced, 
        commanded, or caused--
                    ``(A) is a minor, be imprisoned not less than 4 
                years and not more than 10 years, fined in accordance 
                with this title, or both; or
                    ``(B) is not a minor, be imprisoned not less than 1 
                year and not more than 10 years, fined in accordance 
                with this title, or both; and
            ``(2) be liable for any costs incurred by the Federal 
        Government or by any State or local government for housing, 
        maintaining, and treating the minor until the minor attains the 
        age of 18 years.
    ``(c) Definitions.--In this section:
            ``(1) Criminal street gang.--The term `criminal street 
        gang' has the meaning given the term in section 521.
            ``(2) Minor.--The term `minor' means a person who is 
        younger than 18 years of age.''.
    (b) Conforming Amendment.--The analysis for chapter 26 of title 18, 
United States Code, is amended by adding at the end the following:

``522. Recruitment of persons to participate in criminal street gang 
                            activity.''.

SEC. 202. INCREASED PENALTIES FOR USING MINORS TO DISTRIBUTE DRUGS.

    Section 420 of the Controlled Substances Act (21 U.S.C. 861) is 
amended--
            (1) in subsection (b), by striking ``one year'' and 
        inserting ``3 years''; and
            (2) in subsection (c), by striking ``one year'' and 
        inserting ``5 years''.

SEC. 203. PENALTIES FOR USE OF MINORS IN CRIMES OF VIOLENCE.

    (a) In General.--Chapter 1 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 25. Use of minors in crimes of violence
    ``(a) Penalties.--Except as otherwise provided by law, whoever, 
being not less than 18 years of age, knowingly and intentionally uses a 
minor to commit a Federal offense that is a crime of violence, or to 
assist in avoiding detection or apprehension for such an offense, 
shall--
            ``(1) be subject to 2 times the maximum imprisonment and 2 
        times the maximum fine that would otherwise be imposed for the 
        offense; and
            ``(2) for second or subsequent convictions under this 
        subsection, be subject to 3 times the maximum imprisonment and 
        3 times the maximum fine that would otherwise be imposed for 
        the offense.
    ``(b) Definitions.--In this section:
            ``(1) Crime of violence.--The term `crime of violence' has 
        the meaning given the term in section 16 of this title.
            ``(2) Minor.--The term `minor' means a person who is less 
        than 18 years of age.
            ``(3) Uses.--The term `uses' means employs, hires, 
        persuades, induces, entices, or coerces.''.
    (b) Conforming Amendment.--The analysis for chapter 1 of title 18, 
United States Code, is amended by adding at the end the following:

``25. Use of minors in crimes of violence.''.

SEC. 204. CRIMINAL STREET GANGS.

    (a) In General.--Section 521 of title 18, United States Code, is 
amended--
            (1) in subsection (a), in the second undesignated 
        paragraph--
                    (A) by striking ``5'' and inserting ``3'';
                    (B) by inserting ``, whether formal or informal'' 
                after ``or more persons''; and
                    (C) in subparagraph (A), by inserting ``or 
                activities'' after ``purposes'';
            (2) in subsection (b), by inserting after ``10 years'' the 
        following: ``and such person shall be subject to the forfeiture 
        prescribed in section 412 of the Controlled Substances Act (21 
        U.S.C. 853)'';
            (3) in subsection (c)--
                    (A) in paragraph (2), by striking ``and'' at the 
                end;
                    (B) in paragraph (3), by striking the period at the 
                end and inserting a semicolon;
                    (C) by adding at the end the following:
            ``(3) that is a violation of section 522 (relating to the 
        recruitment of persons to participate in criminal gang 
        activity);
            ``(4) that is a violation of section 844, 875, or 876 
        (relating to extortion and threats), section 1084 (relating to 
        gambling), section 1955 (relating to gambling), or chapter 73 
        (relating to obstruction of justice);
            ``(5) that is a violation of section 1956 (relating to 
        money laundering), to the extent that the violation of such 
        section is related to a Federal or State offense involving a 
        controlled substance (as that term is defined in section 102 of 
        the Controlled Substances Act (21 U.S.C. 802)); or
            ``(6) that is a violation of section 274(a)(1)(A), 277, or 
        278 of the Immigration and Nationality Act (8 U.S.C. 
        1324(a)(1)(A), 1327, or 1328) (relating to alien smuggling); 
        and
            ``(7) a conspiracy, attempt, or solicitation to commit an 
        offense described in paragraphs (1) through (6).''.
    (b) Technical and Conforming Amendment.--Section 3663(c)(4) of 
title 18, United States Code, is amended by striking ``chapter 46'' and 
inserting ``section 521, chapter 46,''.

SEC. 205. HIGH INTENSITY INTERSTATE GANG ACTIVITY AREAS.

    (a) Definitions.--In this section:
            (1) Governor.--The term ``Governor'' means a Governor of a 
        State or the Mayor of the District of Columbia.
            (2) High intensity interstate gang activity area.--The term 
        ``high intensity interstate gang activity area'' means an area 
        within a State that is designated as a high intensity 
        interstate gang activity area under subsection (b)(1).
            (3) State.--The term ``State'' means a State of the United 
        States or the District of Columbia.
    (b) High Intensity Interstate Gang Activity Areas.--
            (1) Designation.--The Attorney General, upon consultation 
        with the Secretary of the Treasury and the Governors of 
        appropriate States, may designate as a high intensity 
        interstate gang activity area a specified area that is 
        located--
                    (A) within a State; or
                    (B) in more than 1 State.
            (2) Assistance.--In order to provide Federal assistance to 
        a high intensity interstate gang activity area, the Attorney 
        General may--
                    (A) facilitate the establishment of a regional task 
                force, consisting of Federal, State, and local law 
                enforcement authorities, for the coordinated 
                investigation, disruption, apprehension, and 
                prosecution of criminal activities of gangs and gang 
                members in the high intensity interstate gang activity 
                area; and
                    (B) direct the detailing from any Federal 
                department or agency (subject to the approval of the 
                head of that department or agency, in the case of a 
                department or agency other than the Department of 
                Justice) of personnel to the high intensity interstate 
                gang activity area.
            (3) Criteria for designation.--In considering an area 
        (within a State or within more than 1 State) for designation as 
        a high intensity interstate gang activity area under this 
        section, the Attorney General shall consider--
                    (A) the extent to which gangs from the area are 
                involved in interstate or international criminal 
                activity;
                    (B) the extent to which the area is affected by the 
                criminal activity of gang members who--
                            (i) are located in, or have relocated from, 
                        other States; or
                            (ii) are located in, or have immigrated 
                        (legally or illegally) from, foreign countries;
                    (C) the extent to which the area is affected by the 
                criminal activity of gangs that originated in other 
                States or foreign countries;
                    (D) the extent to which State and local law 
                enforcement agencies have committed resources to 
                respond to the problem of criminal gang activity in the 
                area, as an indication of their determination to 
                respond aggressively to the problem;
                    (E) the extent to which a significant increase in 
                the allocation of Federal resources would enhance local 
                response to gang-related criminal activities in the 
                area; and
                    (F) any other criteria that the Attorney General 
                considers to be appropriate.
    (c) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated to 
        carry out this section $100,000,000 for each of fiscal years 
        1999 through 2004, to be used in accordance with paragraph (2).
            (2) Use of funds.--Of amounts made available under 
        paragraph (1) in each fiscal year--
                    (A) 60 percent shall be used to carry out 
                subsection (b)(2); and
                    (B) 40 percent shall be used to make grants for 
                community-based programs to provide crime prevention 
                and intervention services that are designed for gang 
                members and at-risk youth in areas designated pursuant 
                to this section as high intensity interstate gang 
                activity areas.
            (3) Requirement.--
                    (A) In general.--The Attorney General shall ensure 
                that not less than 10 percent of amounts made available 
                under paragraph (1) in each fiscal year are used to 
                assist rural States affected as described in 
                subparagraphs (B) and (C) of subsection (b)(3).
                    (B) Definition of rural state.--In this paragraph, 
                the term ``rural State'' has the meaning given the term 
                in section 1501(b) of title I of the Omnibus Crime 
                Control and Safe Streets Act of 1968 (42 U.S.C. 
                3796bb(b)).

SEC. 206. INCREASING THE PENALTY FOR USING PHYSICAL FORCE TO TAMPER 
              WITH WITNESSES, VICTIMS, OR INFORMANTS.

    Section 1512 of title 18, United States Code, is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by striking ``as provided in 
                paragraph (2)'' and inserting ``as provided in 
                paragraph (3)'';
                    (B) by redesignating paragraph (2) as paragraph 
                (3);
                    (C) by inserting after paragraph (1) the following:
            ``(2) Use of physical force to tamper with witnesses, 
        victims, or informants.--Whoever uses physical force or the 
        threat of physical force against any person, or attempts to do 
        so, with intent to--
                    ``(A) influence, delay, or prevent the testimony of 
                any person in an official proceeding;
                    ``(B) cause or induce any person to--
                            ``(i) withhold testimony, or withhold a 
                        record, document, or other object, from an 
                        official proceeding;
                            ``(ii) alter, destroy, mutilate, or conceal 
                        an object with intent to impair the object's 
                        integrity or availability for use in an 
                        official proceeding;
                            ``(iii) evade legal process summoning that 
                        person to appear as a witness, or to produce a 
                        record, document, or other object, in an 
                        official proceeding; or
                            ``(iv) be absent from an official 
                        proceeding to which such person has been 
                        summoned by legal process; or
                    ``(C) hinder, delay, or prevent the communication 
                to a law enforcement officer or judge of the United 
                States of information relating to the commission or 
                possible commission of a Federal offense or a violation 
                of conditions of probation, parole, or release pending 
                judicial proceedings;
        shall be punished as provided in paragraph (3).''; and
                    (D) in paragraph (3), as redesignated, by striking 
                subparagraph (B) and inserting the following:
            ``(B) in the case of--
                            ``(i) an attempt to murder; or
                            ``(ii) the use of physical force against 
                        any person;
            imprisonment for not more than 20 years.'';
            (2) in subsection (b), by striking ``or physical force''; 
        and
            (3) by adding at the end the following:
    ``(j) Conspiracy.--Whoever conspires to commit any offense under 
this section or section 1513 shall be subject to the same penalties as 
those prescribed for the offense the commission of which was the object 
of the conspiracy.''.

SEC. 207. AUTHORITY TO MAKE GRANTS TO PROSECUTORS' OFFICES TO COMBAT 
              GANG CRIME AND YOUTH VIOLENCE.

    (a) In General.--Section 31702 of subtitle Q of title III of the 
Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 13862) 
is amended--
            (1) in paragraph (2), by striking ``and'' at the end;
            (2) in paragraph (4), by striking the period at the end and 
        inserting a semicolon; and
            (3) by adding at the end the following:
            ``(5) to allow the hiring of additional prosecutors, so 
        that more cases can be prosecuted and backlogs reduced;
            ``(6) to provide funding to enable prosecutors to address 
        drug, gang, and youth violence problems more effectively;
            ``(7) to provide funding to assist prosecutors with funding 
        for technology, equipment, and training to assist prosecutors 
        in reducing the incidence of, and increase the successful 
        identification and speed of prosecution of young violent 
        offenders; and
            ``(8) to provide funding to assist prosecutors in their 
        efforts to engage in community prosecution, problem solving, 
        and conflict resolution techniques through collaborative 
        efforts with police, school officials, probation officers, 
        social service agencies, and community organizations.''.
    (b) Authorization of Appropriations.--Section 31707 of subtitle Q 
of title III of the Violent Crime Control and Law Enforcement Act of 
1994 (42 U.S.C. 13867) is amended to read as follows:

``SEC. 31707. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to carry out this 
subtitle, $50,000,000 for 2000 through 2004.''.

SEC. 208. INCREASE IN OFFENSE LEVEL FOR PARTICIPATION IN CRIME AS A 
              GANG MEMBER.

    (a) Definition of Criminal Street Gang.--In this section, the term 
``criminal street gang'' has the meaning given that term in section 
521(a) of title 18, United States Code, as amended by section 204 of 
this Act.
    (b) Amendment of Sentencing Guidelines.--
            (1) In general.--Pursuant to its authority under section 
        994(p) of title 28, United States Code, the United States 
        Sentencing Commission shall amend the Federal Sentencing 
        Guidelines to provide an appropriate enhancement for any 
        Federal offense described in section 521(c) of title 18, United 
        States Code as amended by section 204 of this Act, if the 
        offense was both committed in connection with, or in 
        furtherance of, the activities of a criminal street gang and 
        the defendant was a member of the criminal street gang at the 
        time of the offense.
            (2) Factors to be considered.--In determining an 
        appropriate enhancement under this section, the United States 
        Sentencing Commission shall give great weight to the 
        seriousness of the offense, the offender's relative position in 
        the criminal gang, and the risk of death or serious bodily 
        injury to any person posed by the offense.
    (c) Construction With Other Guidelines.--The amendment made by 
subsection (b) shall provide that the increase in the offense level 
shall be in addition to any other adjustment under chapter 3 of the 
Federal Sentencing Guidelines.

SEC. 209. INTERSTATE AND FOREIGN TRAVEL OR TRANSPORTATION IN AID OF 
              CRIMINAL GANGS.

    (a) Travel Act Amendment.--Section 1952 of title 18, United States 
Code, is amended to read as follows:
``Sec. 1952. Interstate and foreign travel or transportation in aid of 
              racketeering enterprises
    ``(a) Prohibited Conduct and Penalties.--
            ``(1) In general.--Whoever--
                    ``(A) travels in interstate or foreign commerce or 
                uses the mail or any facility in interstate or foreign 
                commerce, with intent to--
                            ``(i) distribute the proceeds of any 
                        unlawful activity; or
                            ``(ii) otherwise promote, manage, 
                        establish, carry on, or facilitate the 
                        promotion, management, establishment, or 
                        carrying on, of any unlawful activity; and
                    ``(B) after travel or use of the mail or any 
                facility in interstate or foreign commerce described in 
                subparagraph (A), performs, attempts to perform, or 
                conspires to perform an act described in clause (i) or 
                (ii) of subparagraph (A);
        shall be fined under this title, imprisoned not more than 10 
        years, or both.
            ``(2) Crimes of violence.--Whoever--
                    ``(A) travels in interstate or foreign commerce or 
                uses the mail or any facility in interstate or foreign 
                commerce, with intent to commit any crime of violence 
                to further any unlawful activity; and
                    ``(B) after travel or use of the mail or any 
                facility in interstate or foreign commerce described in 
                subparagraph (A), commits, attempts to commit, or 
                conspires to commit any crime of violence to further 
                any unlawful activity;
        shall be fined under this title, imprisoned for not more than 
        20 years, or both, and if death results shall be sentenced to 
        death or be imprisoned for any term of years or for life.
    ``(b) Definitions.--In this section:
            ``(1) Controlled substance.--The term `controlled 
        substance' has the meaning given that term in section 102(6) of 
        the Controlled Substances Act (21 U.S.C. 802(6)).
            ``(2) State.--The term `State' includes a State of the 
        United States, the District of Columbia, and any commonwealth, 
        territory, or possession of the United States.
            ``(3) Unlawful activity.--The term `unlawful activity' 
        means--
                    ``(A) any business enterprise involving gambling, 
                liquor on which the Federal excise tax has not been 
                paid, narcotics or controlled substances, or 
                prostitution offenses in violation of the laws of the 
                State in which the offense is committed or of the 
                United States;
                    ``(B) extortion, bribery, arson, burglary if the 
                offense involves property valued at not less than 
                $10,000, assault with a deadly weapon, assault 
                resulting in bodily injury, shooting at an occupied 
                dwelling or motor vehicle, or retaliation against or 
                intimidation of witnesses, victims, jurors, or 
                informants, in violation of the laws of the State in 
                which the offense is committed or of the United States;
                    ``(C) the use of bribery, force, intimidation, or 
                threat, directed against any person, to delay or 
                influence the testimony of or prevent from testifying a 
                witness in a State criminal proceeding or by any such 
                means to cause any person to destroy, alter, or conceal 
                a record, document, or other object, with intent to 
                impair the object's integrity or availability for use 
                in such a proceeding; or
                    ``(D) any act that is indictable under section 1956 
                or 1957 of this title or under subchapter II of chapter 
                53 of title 31.''.
    (b) Amendment of Sentencing Guidelines.--
            (1) In general.--Pursuant to its authority under section 
        994(p) of title 28, United States Code, the United States 
        Sentencing Commission shall amend chapter 2 of the Federal 
        Sentencing Guidelines to provide an appropriate increase in the 
        offense levels for traveling in interstate or foreign commerce 
        in aid of unlawful activity.
            (2) Unlawful activity defined.--In this subsection, the 
        term ``unlawful activity'' has the meaning given that term in 
        section 1952(b) of title 18, United States Code, as amended by 
        this section.
            (3) Sentencing enhancement for recruitment across state 
        lines.--Pursuant to its authority under section 994(p) of title 
        28, United States Code, the United States Sentencing Commission 
        shall amend the Federal Sentencing Guidelines to provide an 
        appropriate enhancement for a person who, in violating section 
        522 of title 18, United States Code (as added by section 201 of 
        this Act), recruits, solicits, induces, commands, or causes 
        another person residing in another State to be or to remain a 
        member of a criminal street gang, or crosses a State line with 
        the intent to recruit, solicit, induce, command, or cause 
        another person to be or to remain a member of a criminal street 
        gang.

SEC. 210. PROHIBITIONS RELATING TO FIREARMS.

    (a) Serious Juvenile Drug Offenses as Armed Career Criminal 
Predicates.--Section 924(e)(2)(A) of title 18, United States Code, is 
amended--
            (1) in clause (i), by striking ``or'' at the end;
            (2) in clause (ii), by adding ``or'' at the end; and
            (3) by adding at the end the following:
                    ``(iii) any act of juvenile delinquency that, if 
                committed by an adult, would be an offense described in 
                clause (i) or (ii);''.
    (b) Transfer of Firearms to Minors for Use in Crime.--Section 
924(h) of title 18, United States Code, is amended by inserting ``and 
if the transferee is a person who is under 18 years of age, imprisoned 
not less than 3 years,'' after ``10 years,''.

SEC. 211. CLONE PAGERS.

    (a) In General.--Section 2511(2)(h) of title 18, United States 
Code, is amended by striking clause (i) and inserting the following:
            ``(i) to use a pen register, trap and trace device, or 
        clone pager, as those terms are defined in chapter 206 of this 
        title (relating to pen registers, trap and trace devices, and 
        clone pagers); or'';
    (b) Exception.--Section 3121 of title 18, United States Code, is 
amended--
            (1) by striking subsection (a) and inserting the following:
    ``(a) In General.--Except as provided in this section, no person 
may install or use a pen register, trap and trace device, or clone 
pager without first obtaining a court order under section 3123 or 3129 
of this title, or under the Foreign Intelligence Surveillance Act of 
1978 (50 U.S.C. 1801 et seq.).'';
            (2) in subsection (b), by striking ``a pen register or a 
        trap and trace device'' and inserting ``a pen register, trap 
        and trace device, or clone pager''; and
            (3) by striking the section heading and inserting the 
        following:
``Sec. 3121. General prohibition on pen register, trap and trace 
              device, and clone pager use; exception''.
    (c) Assistance.--Section 3124 of title 18, United States Code, is 
amended--
            (1) by redesignating subsections (c) through (f) as 
        subsections (d) through (g), respectively;
            (2) by inserting after subsection (b) the following:
    ``(c) Clone Pager.--Upon the request of an attorney for the 
Government or an officer of a law enforcement agency authorized to use 
a clone pager under this chapter, a provider of electronic 
communication service shall furnish to such investigative or law 
enforcement officer all information, facilities, and technical 
assistance necessary to accomplish the use of the clone pager 
unobtrusively and with a minimum of interference with the services that 
the person so ordered by the court provides to the subscriber, if such 
assistance is directed by a court order, as provided in section 
3129(b)(2) of this title.''; and
            (3) by striking the section heading and inserting the 
        following:
``Sec. 3124. Assistance in installation and use of a pen register, trap 
              and trace device, or clone pager''.
    (d) Emergency Installations.--Section 3125 of title 18, United 
States Code, is amended--
            (1) by striking ``pen register or a trap and trace device'' 
        and ``pen register or trap and trace device'' each place they 
        appear and inserting ``pen register, trap and trace device, or 
        clone pager'';
            (2) in subsection (a), by striking ``an order approving the 
        installation or use is issued in accordance with section 3123 
        of this title'' and inserting ``an application is made for an 
        order approving the installation or use in accordance with 
        section 3122 or section 3128 of this title'';
            (3) in subsection (b), by adding at the end the following: 
        ``If such application for the use of a clone pager is denied, 
        or in any other case in which the use of the clone pager is 
        terminated without an order having been issued, an inventory 
        shall be served as provided for in section 3129(e) of this 
        title.''; and
            (4) by striking the section heading and inserting the 
        following:
``Sec. 3125. Emergency installation and use of pen register, trap and 
              trace device, and clone pager''.
    (e) Reports.--Section 3126 of title 18, United States Code, is 
amended--
            (1) by striking ``pen register orders and orders for trap 
        and trace devices'' and inserting ``orders for pen registers, 
        trap and trace devices, and clone pagers''; and
            (2) by striking the section heading and inserting the 
        following:
``Sec. 3126. Reports concerning pen registers, trap and trace devices, 
              and clone pagers''.
    (f) Definitions.--Section 3127 of title 18, United States Code, is 
amended--
            (1) in paragraph (2)--
                    (A) in subparagraph (A), by striking ``or'' at the 
                end; and
                    (B) by striking subparagraph (B) and inserting the 
                following:
                    ``(B) with respect to an application for the use of 
                a pen register or trap and trace device, a court of 
                general criminal jurisdiction of a State authorized by 
                the law of that State to enter orders authorizing the 
                use of a pen register or a trap and trace device; or
                    ``(C) with respect to an application for the use of 
                a clone pager, a court of general criminal jurisdiction 
                of a State authorized by the law of that State to issue 
                orders authorizing the use of a clone pager;'';
            (2) in paragraph (5), by striking ``and'' at the end;
            (3) in paragraph (6), by striking the period at the end and 
        inserting ``; and''; and
            (4) by adding at the end the following:
            ``(7) the term `clone pager' means a numeric display device 
        that receives communications intended for another numeric 
        display paging device.''.
    (g) Applications.--Chapter 206 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 3128. Application for an order for use of a clone pager
    ``(a) Application.--
            ``(1) Federal representatives.--Any attorney for the 
        Government may apply to a court of competent jurisdiction for 
        an order or an extension of an order under section 3129 of this 
        title authorizing the use of a clone pager.
            ``(2) State representatives.--A State investigative or law 
        enforcement officer may, if authorized by a State statute, 
        apply to a court of competent jurisdiction of such State for an 
        order or an extension of an order under section 3129 of this 
        title authorizing the use of a clone pager.
    ``(b) Contents of Application.--An application under subsection (a) 
of this section shall include--
            ``(1) the identity of the attorney for the Government or 
        the State law enforcement or investigative officer making the 
        application and the identity of the law enforcement agency 
        conducting the investigation;
            ``(2) the identity, if known, of the individual or 
        individuals using the numeric display paging device to be 
        cloned;
            ``(3) a description of the numeric display paging device to 
        be cloned;
            ``(4) a description of the offense to which the information 
        likely to be obtained by the clone pager relates;
            ``(5) the identity, if known, of the person who is subject 
        of the criminal investigation; and
            ``(6) an affidavit or affidavits, sworn to before the court 
        of competent jurisdiction, establishing probable cause to 
        believe that information relevant to an ongoing criminal 
        investigation being conducted by that agency will be obtained 
        through use of the clone pager.
``Sec. 3129. Issuance of an order for use of a clone pager
    ``(a) In General.--Upon an application made under section 3128 of 
this title, the court shall enter an ex parte order authorizing the use 
of a clone pager within the jurisdiction of the court if the court 
finds that the application has established probable cause to believe 
that information relevant to an ongoing criminal investigation being 
conducted by that agency will be obtained through use of the clone 
pager.
    ``(b) Contents of an Order.--An order issued under this section--
            ``(1) shall specify--
                    ``(A) the identity, if known, of the individual or 
                individuals using the numeric display paging device to 
                be cloned;
                    ``(B) the numeric display paging device to be 
                cloned;
                    ``(C) the identity, if known, of the subscriber to 
                the pager service; and
                    ``(D) the offense to which the information likely 
                to be obtained by the clone pager relates; and
            ``(2) shall direct, upon the request of the applicant, the 
        furnishing of information, facilities, and technical assistance 
        necessary to use the clone pager under section 3124 of this 
        title.
    ``(c) Time Period and Extensions.--
            ``(1) In general.--An order issued under this section shall 
        authorize the use of a clone pager for a period not to exceed 
        30 days. Such 30-day period shall begin on the earlier of the 
        day on which the investigative or law enforcement officer first 
        begins use of the clone pager under the order or the tenth day 
        after the order is entered.
            ``(2) Extensions.--Extensions of an order issued under this 
        section may be granted, but only upon an application for an 
        order under section 3128 of this title and upon the judicial 
        finding required by subsection (a). An extension under this 
        paragraph shall be for a period not to exceed 30 days.
            ``(3) Report.--Within a reasonable time after the 
        termination of the period of a clone pager order or any 
        extensions thereof under this subsection, the applicant shall 
        report to the issuing court the number of numeric pager 
        messages acquired through the use of the clone pager during 
        such period.
    ``(d) Nondisclosure of Existence of Clone Pager.--An order 
authorizing the use of a clone pager shall direct that--
            ``(1) the order shall be sealed until otherwise ordered by 
        the court; and
            ``(2) the person who has been ordered by the court to 
        provide assistance to the applicant may not disclose the 
        existence of the clone pager or the existence of the 
        investigation to the listed subscriber, or to any other person, 
        until otherwise ordered by the court.
    ``(e) Notification.--
            ``(1) In general.--Within a reasonable time, not later than 
        90 days after the date of termination of the period of a clone 
        pager order or any extensions thereof, the issuing judge shall 
        cause to be served, on the individual or individuals using the 
        numeric display paging device that was cloned, an inventory 
        including notice of--
                    ``(A) the fact of the entry of the order or the 
                application;
                    ``(B) the date of the entry and the period of clone 
                pager use authorized, or the denial of the application; 
                and
                    ``(C) whether or not information was obtained 
                through the use of the clone pager.
            ``(2) Postponement.--Upon an ex-parte showing of good 
        cause, a court of competent jurisdiction may in its discretion 
        postpone the serving of the notice required by this 
        subsection.''.
    (h) Clerical Amendments.--The table of sections for chapter 206 of 
title 18, United States Code, is amended--
            (1) by striking the item relating to section 3121 and 
        inserting the following:

``3121. General prohibition on pen register, trap and trace device, and 
                            clone pager use; exception.'';
            (2) by striking the items relating to sections 3124, 3125, 
        and 3126 and inserting the following:

``3124. Assistance in installation and use of a pen register, trap and 
                            trace device, or clone pager.
``3125. Emergency installation and use of pen register, trap and trace 
                            device, and clone pager.
``3126. Reports concerning pen registers, trap and trace devices, and 
                            clone pagers.''; and
            (3) by adding at the end the following:

``3128. Application for an order for use of a clone pager.
``3129. Issuance of an order for use of a clone pager''.
    (i) Conforming Amendment.--Section 704(a) of the Communications Act 
of 1934 (47 U.S.C. 605(a)) is amended by striking ``chapter 119,'' and 
inserting ``chapters 119 and 206 of''.

  TITLE III--JUVENILE CRIME CONTROL, ACCOUNTABILITY, AND DELINQUENCY 
                               PREVENTION

 Subtitle A--Reform of the Juvenile Justice and Delinquency Prevention 
                              Act of 1974

SEC. 301. FINDINGS; DECLARATION OF PURPOSE; DEFINITIONS.

    Title I of the Juvenile Justice and Delinquency Prevention Act of 
1974 (42 U.S.C. 5601 et seq.) is amended to read as follows:

             ``TITLE I--FINDINGS AND DECLARATION OF PURPOSE

``SEC. 101. FINDINGS.

    ``Congress makes the following findings:
            ``(1) During the past decade, the United States has 
        experienced an alarming increase in arrests of adolescents for 
        murder, assault, and weapons offenses.
            ``(2) In 1994, juveniles accounted for 1 in 5 arrests for 
        violent crimes, including murder, robbery, aggravated assault, 
        and rape, including 514 such arrests per 100,000 juveniles 10 
        through 17 years of age.
            ``(3) Understaffed and overcrowded juvenile courts, 
        prosecutorial and public defender offices, probation services, 
        and correctional facilities no longer adequately address the 
        changing nature of juvenile crime, protect the public, or 
        correct youth offenders.
            ``(4) The juvenile justice system has proven inadequate to 
        meet the needs of society and the needs of children who may be 
        at risk of becoming delinquents are not being met.
            ``(5) Existing programs and policies have not adequately 
        responded to the particular threats that drugs, alcohol abuse, 
        violence, and gangs pose to the youth of the Nation.
            ``(6) Projected demographic increases in the number of 
        youth offenders require reexamination of current prosecution 
        and incarceration policies for serious violent youth offenders 
        and crime prevention policies.
            ``(7) State and local communities require assistance to 
        deal comprehensively with the problems of juvenile delinquency.
            ``(8) Existing Federal programs have not provided the 
        States with necessary flexibility, nor have these programs 
        provided the coordination, resources, and leadership required 
        to meet the crisis of youth violence.
            ``(9) Overlapping and uncoordinated Federal programs have 
        created a multitude of Federal funding streams to States and 
        units of local government, that have become a barrier to 
        effective program coordination, responsive public safety 
        initiatives, and the provision of comprehensive services for 
        children and youth.
            ``(10) Violent crime by juveniles constitutes a growing 
        threat to the national welfare that requires an immediate and 
        comprehensive governmental response, combining flexibility and 
        coordinated evaluation.
            ``(11) The role of the Federal Government should be to 
        encourage and empower communities to develop and implement 
        policies to protect adequately the public from serious juvenile 
        crime as well as implement quality prevention programs that 
        work with at-risk juveniles, their families, local public 
        agencies, and community-based organizations.
            ``(12) A strong partnership among law enforcement, local 
        government, juvenile and family courts, schools, public 
        recreation agencies, businesses, philanthropic organizations, 
        families, and the religious community, can create a community 
        environment that supports the youth of the Nation in reaching 
        their highest potential and reduces the destructive trend of 
        juvenile crime.

``SEC. 102. PURPOSE AND STATEMENT OF POLICY.

    ``(a) In General.--The purposes of this Act are to--
            ``(1) empower States and communities to develop and 
        implement comprehensive programs that support families, reduce 
        risk factors, and prevent serious youth crime and juvenile 
        delinquency;
            ``(2) protect the public and to hold juveniles accountable 
        for their acts;
            ``(3) encourage and promote, consistent with the ideals of 
        federalism, the adoption by the States of policies recognizing 
        the rights of victims in the juvenile justice system, and 
        ensuring that the victims of violent crimes committed by 
        juveniles receive the same level of justice as do the victims 
        of violent crimes committed by adults;
            ``(4) provide for the thorough and ongoing evaluation of 
        all federally funded programs addressing juvenile crime and 
        delinquency;
            ``(5) provide technical assistance to public and private 
        nonprofit entities that protect public safety, administer 
        justice and corrections to delinquent youth, or provide 
        services to youth at risk of delinquency, and their families;
            ``(6) establish a centralized research effort on the 
        problems of youth crime and juvenile delinquency, including the 
        dissemination of the findings of such research and all related 
        data;
            ``(7) establish a Federal assistance program to deal with 
        the problems of runaway and homeless youth;
            ``(8) assist States and units of local government in 
        improving the administration of justice for juveniles;
            ``(9) assist the States and units of local government in 
        reducing the level of youth violence and juvenile delinquency;
            ``(10) assist States and units of local government in 
        promoting public safety by supporting juvenile delinquency 
        prevention and control activities;
            ``(11) encourage and promote programs designed to keep in 
        school juvenile delinquents expelled or suspended for 
        disciplinary reasons;
            ``(12) assist States and units of local government in 
        promoting public safety by encouraging accountability for acts 
        of juvenile delinquency;
            ``(13) assist States and units of local government in 
        promoting public safety by improving the extent, accuracy, 
        availability and usefulness of juvenile court and law 
        enforcement records and the openness of the juvenile justice 
        system;
            ``(14) assist States and units of local government in 
        promoting public safety by encouraging the identification of 
        violent and hardcore juveniles;
            ``(15) assist States and units of local government in 
        promoting public safety by providing resources to States to 
        build or expand juvenile detention facilities;
            ``(16) provide for the evaluation of federally assisted 
        juvenile crime control programs, and the training necessary for 
        the establishment and operation of such programs;
            ``(17) ensure the dissemination of information regarding 
        juvenile crime control programs by providing a national 
        clearinghouse; and
            ``(18) provide technical assistance to public and private 
        nonprofit juvenile justice and delinquency prevention programs.
    ``(b) Statement of Policy.--It is the policy of Congress to provide 
resources, leadership, and coordination to--
            ``(1) combat youth violence and to prosecute and punish 
        effectively violent juvenile offenders;
            ``(2) enhance efforts to prevent juvenile crime and 
        delinquency; and
            ``(3) improve the quality of juvenile justice in the United 
        States.

``SEC. 103. DEFINITIONS.

    ``In this Act:
            ``(1) Administrator.--The term `Administrator' means the 
        Administrator of the Office of Juvenile Crime Control and 
        Prevention, appointed in accordance with section 201.
            ``(2) Adult inmate.--The term `adult inmate' means an 
        individual who--
                    ``(A) has reached the age of full criminal 
                responsibility under applicable State law; and
                    ``(B) has been arrested and is in custody for, 
                awaiting trial on, or convicted of criminal charges.
            ``(3) Boot camp.--The term `boot camp' means a residential 
        facility (excluding a private residence) at which there are 
        provided--
                    ``(A) a highly regimented schedule of discipline, 
                physical training, work, drill, and ceremony 
                characteristic of military basic training;
                    ``(B) regular, remedial, special, and vocational 
                education;
                    ``(C) counseling and treatment for substance abuse 
                and other health and mental health problems;
                    ``(D) supervision by properly screened staff, who 
                are trained and experienced in working with juveniles 
                or young adults, in highly structured, disciplined 
                surroundings, characteristic of a military environment; 
                and
                    ``(E) participation in community service programs, 
                such as counseling sessions, mentoring, community 
                service, or restitution projects, and a comprehensive 
                aftercare plan developed through close coordination 
                with Federal, State, and local agencies, and in 
                cooperation with business and private organizations, as 
                appropriate.
            ``(4) Bureau of justice assistance.--The term `Bureau of 
        Justice Assistance' means the bureau established by section 401 
        of title I of the Omnibus Crime Control and Safe Streets Act of 
        1968 (42 U.S.C. 3741).
            ``(5) Bureau of justice statistics.--The term `Bureau of 
        Justice Statistics' means the bureau established by section 
        302(a) of title I of the Omnibus Crime Control and Safe Streets 
        Act of 1968 (42 U.S.C. 3732).
            ``(6) Collocated facilities.--The term `collocated 
        facilities' means facilities that are located in the same 
        building, or are part of a related complex of buildings located 
        on the same grounds.
            ``(7) Combination.--The term `combination' as applied to 
        States or units of local government means any grouping or 
        joining together of such States or units for the purpose of 
        preparing, developing, or implementing a juvenile crime control 
        and delinquency prevention plan.
            ``(8) Community-based.--The term `community-based' 
        facility, program, or service means a small, open group home or 
        other suitable place located near the juvenile's home or family 
        and programs of community supervision and service that maintain 
        community and consumer participation in the planning operation, 
        and evaluation of their programs which may include, medical, 
        educational, vocational, social, and psychological guidance, 
        training, special education, counseling, alcoholism treatment, 
        drug treatment, and other rehabilitative services.
            ``(9) Comprehensive and coordinated system of services.--
        The term `comprehensive and coordinated system of services' 
        means a system that--
                    ``(A) ensures that services and funding for the 
                prevention and treatment of juvenile delinquency are 
                consistent with policy goals of preserving families and 
                providing appropriate services in the least restrictive 
                environment so as to simultaneously protect juveniles 
                and maintain public safety;
                    ``(B) identifies, and intervenes early for the 
                benefit of, young children who are at risk of 
                developing emotional or behavioral problems because of 
                physical or mental stress or abuse, and for the benefit 
                of their families;
                    ``(C) increases interagency collaboration and 
                family involvement in the prevention and treatment of 
                juvenile delinquency; and
                    ``(D) encourages private and public partnerships in 
                the delivery of services for the prevention and 
                treatment of juvenile delinquency.
            ``(10) Construction.--The term `construction' means 
        erection of new buildings or acquisition, expansion, 
        remodeling, and alteration of existing buildings, and initial 
        equipment of any such buildings, or any combination of such 
        activities (including architects' fees but not the cost of 
        acquisition of land for buildings).
            ``(11) Federal juvenile crime control, prevention, and 
        juvenile offender accountability program.--The term `Federal 
        juvenile crime control, prevention, and juvenile offender 
        accountability program' means any Federal program a primary 
        objective of which is the prevention of juvenile crime or 
        reduction of the incidence of arrest, the commission of 
        criminal acts or acts of delinquency, violence, the use of 
        alcohol or illegal drugs, or the involvement in gangs among 
        juveniles.
            ``(12) Gender-specific services.--The term `gender-specific 
        services' means services designed to address needs unique to 
        the gender of the individual to whom such services are 
        provided.
            ``(13) Graduated sanctions.--The term `graduated sanctions' 
        means an accountability-based juvenile justice system that 
        protects the public, and holds juvenile delinquents accountable 
        for acts of delinquency by providing substantial and 
        appropriate sanctions that are graduated in such a manner as to 
        reflect (for each act of delinquency or offense) the severity 
        or repeated nature of that act or offense, and in which there 
        is sufficient flexibility to allow for individualized sanctions 
        and services suited to the individual juvenile offender.
            ``(14) Home-based alternative services.--The term `home-
        based alternative services' means services provided to a 
        juvenile in the home of the juvenile as an alternative to 
        incarcerating the juvenile, and includes home detention.
            ``(15) Indian tribe.--The term `Indian tribe' means any 
        Indian tribe, band, nation, or other organized group or 
        community, including any Alaska Native village or regional or 
        village corporation as defined in or established pursuant to 
        the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et 
        seq.), that is recognized as eligible for the special programs 
        and services provided by the United States to Indians because 
        of their status as Indians.
            ``(16) Juvenile.--The term `juvenile' means a person who 
        has not attained the age of 18 years who is subject to 
        delinquency proceedings under applicable State law.
            ``(17) Juvenile population.--The term `juvenile population' 
        means the population of a State under 18 years of age.
            ``(18) Jail or lockup for adults.--The term `jail or lockup 
        for adults' means a locked facility that is used by a State, 
        unit of local government, or any law enforcement authority to 
        detain or confine adults--
                    ``(A) pending the filing of a charge of violating a 
                criminal law;
                    ``(B) awaiting trial on a criminal charge; or
                    ``(C) convicted of violating a criminal law.
            ``(19) Juvenile delinquency program.--The term `juvenile 
        delinquency program' means any program or activity related to 
        juvenile delinquency prevention, control, diversion, treatment, 
        rehabilitation, planning, education, training, and research, 
        including--
                    ``(A) drug and alcohol abuse programs;
                    ``(B) the improvement of the juvenile justice 
                system; and
                    ``(C) any program or activity that is designed to 
                reduce known risk factors for juvenile delinquent 
                behavior, by providing activities that build on 
                protective factors for, and develop competencies in, 
                juveniles to prevent and reduce the rate of delinquent 
                juvenile behavior.
            ``(20) Law enforcement and criminal justice.--The term `law 
        enforcement and criminal justice' means any activity pertaining 
        to crime prevention, control, or reduction or the enforcement 
        of the criminal law, including, but not limited to police 
        efforts to prevent, control, or reduce crime or to apprehend 
        criminals, activities of courts having criminal jurisdiction 
        and related agencies (including prosecutorial and defender 
        services), activities of corrections, probation, or parole 
        authorities, and programs relating to the prevention, control, 
        or reduction of juvenile delinquency or narcotic addiction.
            ``(21) National institute of justice.--The term `National 
        Institute of Justice' means the institute established by 
        section 202(a) of title I of the Omnibus Crime Control and Safe 
        Streets Act of 1968 (42 U.S.C. 3721).
            ``(22) Nonprofit organization.--The term `nonprofit 
        organization' means an organization described in section 
        501(c)(3) of the Internal Revenue Code of 1986 that is exempt 
        from taxation under section 501(a) of the Internal Revenue Code 
        of 1986.
            ``(23) Office.--The term `Office' means the Office of 
        Juvenile Crime Control and Prevention established under section 
        201.
            ``(24) Office of justice programs.--The term `Office of 
        Justice Programs' means the office established by section 101 
        of title I of the Omnibus Crime Control and Safe Streets Act of 
        1968 (42 U.S.C. 3711).
            ``(25) Outcome objective.--The term `outcome objective' 
        means an objective that relates to the impact of a program or 
        initiative, that measures the reduction of high risk behaviors, 
        such as incidence of arrest, the commission of criminal acts or 
        acts of delinquency, failure in school, violence, the use of 
        alcohol or illegal drugs, involvement of youth gangs, violent 
        and unlawful acts of animal cruelty, and teenage pregnancy, 
        among youth in the community.
            ``(26) Process objective.--The term `process objective' 
        means an objective that relates to the manner in which a 
        program or initiative is carried out, including--
                    ``(A) an objective relating to the degree to which 
                the program or initiative is reaching the target 
                population; and
                    ``(B) an objective relating to the degree to which 
                the program or initiative addresses known risk factors 
                for youth problem behaviors and incorporates activities 
                that inhibit the behaviors and that build on protective 
                factors for youth.
            ``(27) Prohibited physical contact.--
                    ``(A) In general.--The term `prohibited physical 
                contact' means--
                            ``(i) any physical contact between a 
                        juvenile and an adult inmate; and
                            ``(ii) proximity that provides an 
                        opportunity for physical contact between a 
                        juvenile and an adult inmate.
                    ``(B) Exclusion.--The term does not include 
                supervised proximity between a juvenile and an adult 
                inmate that is brief and inadvertent, or accidental, in 
                secure areas of a facility that are not dedicated to 
                use by juvenile offenders and that are nonresidential, 
                which may include dining, recreational, educational, 
                vocational, health care, entry areas, and passageways.
            ``(28) Related complex of buildings.--The term `related 
        complex of buildings' means 2 or more buildings that share--
                    ``(A) physical features, such as walls and fences, 
                or services beyond mechanical services (heating, air 
                conditioning, water and sewer); or
                    ``(B) the specialized services that are allowable 
                under section 31.303(e)(3)(i)(C)(3) of title 28, Code 
                of Federal Regulations, as in effect on December 10, 
                1996.
            ``(29) Secure correctional facility.--The term `secure 
        correctional facility' means any public or private residential 
        facility that--
                    ``(A) includes construction fixtures designed to 
                physically restrict the movements and activities of 
                juveniles or other individuals held in lawful custody 
                in such facility; and
                    ``(B) is used for the placement, after adjudication 
                and disposition, of any juvenile who has been 
                adjudicated as having committed an offense or any other 
                individual convicted of a criminal offense.
            ``(30) Secure detention facility.--The term `secure 
        detention facility' means any public or private residential 
        facility that--
                    ``(A) includes construction fixtures designed to 
                physically restrict the movements and activities of 
                juveniles or other individuals held in lawful custody 
                in such facility; and
                    ``(B) is used for the temporary placement of any 
                juvenile who is accused of having committed an offense 
                or of any other individual accused of having committed 
                a criminal offense.
            ``(31) Serious crime.--The term `serious crime' means 
        criminal homicide, rape or other sex offenses punishable as a 
        felony, mayhem, kidnapping, aggravated assault, drug 
        trafficking, robbery, larceny or theft punishable as a felony, 
        motor vehicle theft, burglary or breaking and entering, 
        extortion accompanied by threats of violence, and arson 
        punishable as a felony.
            ``(32) State.--The term `State' means any State of the 
        United States, the District of Columbia, the Commonwealth of 
        Puerto Rico, the Virgin Islands, Guam, American Samoa, and the 
        Commonwealth of the Northern Mariana Islands.
            ``(33) State office.--The term `State office' means an 
        office designated by the chief executive officer of a State to 
        carry out this title, as provided in section 507 of the Omnibus 
        Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3757).
            ``(34) Sustained oral communication.--
                    ``(A) In general.--The term `sustained oral 
                communication' means the imparting or interchange of 
                speech by or between an adult inmate and a juvenile.
                    ``(B) Exception.--The term does not include--
                            ``(i) communication that is accidental or 
                        incidental; or
                            ``(ii) sounds or noises that cannot 
                        reasonably be considered to be speech.
            ``(35) Treatment.--The term `treatment' includes medical 
        and other rehabilitative services designed to protect the 
        public, including any services designed to benefit addicts and 
        other users by--
                    ``(A) eliminating their dependence on alcohol or 
                other addictive or nonaddictive drugs; or
                    ``(B) controlling or reducing their dependence and 
                susceptibility to addiction or use.
            ``(36) Unit of local government.--The term `unit of local 
        government' means--
                    ``(A) any city, county, township, town, borough, 
                parish, village, or other general purpose political 
                subdivision of a State;
                    ``(B) any law enforcement district or judicial 
                enforcement district that--
                            ``(i) is established under applicable State 
                        law; and
                            ``(ii) has the authority to, in a manner 
                        independent of other State entities, establish 
                        a budget and raise revenues;
                    ``(C) an Indian tribe that performs law enforcement 
                functions, as determined by the Secretary of the 
                Interior; or
                    ``(D) for the purposes of assistance eligibility, 
                any agency of the government of the District of 
                Columbia or the Federal Government that performs law 
                enforcement functions in and for--
                            ``(i) the District of Columbia; or
                            ``(ii) any Trust Territory of the United 
                        States.
            ``(37) Valid court order.--The term `valid court order' 
        means a court order given by a juvenile court judge to a 
        juvenile--
                    ``(A) who was brought before the court and made 
                subject to such order; and
                    ``(B) who received, before the issuance of such 
                order, the full due process rights guaranteed to such 
                juvenile by the Constitution of the United States.
            ``(38) Violent crime.--The term `violent crime' means--
                    ``(A) murder or nonnegligent manslaughter, forcible 
                rape, or robbery; or
                    ``(B) aggravated assault committed with the use of 
                a firearm.
            ``(39) Youth.--The term `youth' means an individual who is 
        not less than 6 years of age and not more than 17 years of 
        age.''.

SEC. 302. JUVENILE CRIME CONTROL AND PREVENTION.

    (a) In General.--Title II of the Juvenile Justice and Delinquency 
Prevention Act of 1974 (42 U.S.C. 5611 et seq.) is amended to read as 
follows:

           ``TITLE II--JUVENILE CRIME CONTROL AND PREVENTION

       ``PART A--OFFICE OF JUVENILE CRIME CONTROL AND PREVENTION

``SEC. 201. ESTABLISHMENT OF OFFICE.

    ``(a) In General.--There is established in the Department of 
Justice, under the general authority of the Attorney General, an Office 
of Juvenile Crime Control and Prevention.
    ``(b) Administrator.--
            ``(1) In general.--The Office shall be headed by an 
        Administrator, who shall be appointed by the President, by and 
        with the advice and consent of the Senate, from among 
        individuals who have had experience in juvenile delinquency 
        prevention and crime control programs.
            ``(2) Regulations.--The Administrator may prescribe 
        regulations consistent with this Act to award, administer, 
        modify, extend, terminate, monitor, evaluate, reject, or deny 
        all grants and contracts from, and applications for, amounts 
        made available under this title.
            ``(3) Relationship to attorney general.--The Administrator 
        shall have the same reporting relationship with the Attorney 
        General as the directors of other offices and bureaus within 
        the Office of Justice Programs have with the Attorney General.
    ``(c) Deputy Administrator.--There shall be in the Office a Deputy 
Administrator, who shall be appointed by the Attorney General. The 
Deputy Administrator shall perform such functions as the Administrator 
may assign or delegate and shall act as the Administrator during the 
absence or disability of the Administrator.
    ``(d) Associate Administrator.--
            ``(1) In general.--There shall be in the Office an 
        Associate Administrator, who shall be appointed by the 
        Administrator, and who shall be treated as a career reserved 
        position within the meaning of section 3132 of title 5, United 
        States Code.
            ``(2) Duties.--The duties of the Associate Administrator 
        shall include keeping Congress, other Federal agencies, outside 
        organizations, and State and local government officials 
        informed about activities carried out by the Office.
    ``(e) Delegation and Assignment.--
            ``(1) In general.--Except as otherwise expressly prohibited 
        by law or otherwise provided by this title, the Administrator 
        may--
                    ``(A) delegate any of the functions of the 
                Administrator, and any function transferred or granted 
                to the Administrator after the date of enactment of the 
                Violent and Repeat Juvenile Offender Accountability and 
                Rehabilitation Act of 1999, to such officers and 
                employees of the Office as the Administrator may 
                designate; and
                    ``(B) authorize successive redelegations of such 
                functions as may be necessary or appropriate.
            ``(2) Responsibility.--No delegation of functions by the 
        Administrator under this subsection or under any other 
        provision of this title shall relieve the Administrator of 
        responsibility for the administration of such functions.
    ``(f) Reorganization.--The Administrator may allocate or reallocate 
any function transferred among the officers of the Office, and 
establish, consolidate, alter, or discontinue such organizational 
entities in that Office as may be necessary or appropriate.

``SEC. 202. PERSONNEL, SPECIAL PERSONNEL, EXPERTS, AND CONSULTANTS.

    ``(a) In General.--The Administrator may select, employ, and fix 
the compensation of such officers and employees, including attorneys, 
as are necessary to perform the functions vested in the Administrator 
and to prescribe their functions.
    ``(b) Officers.--The Administrator may select, appoint, and employ 
not to exceed 4 officers and to fix their compensation at rates not to 
exceed the maximum rate payable under section 5376 of title 5, United 
States Code.
    ``(c) Detail of Federal Personnel.--Upon the request of the 
Administrator, the head of any Federal agency may detail, on a 
reimbursable basis, any of its personnel to the Administrator to assist 
the Administrator in carrying out the functions of the Administrator 
under this title.
    ``(d) Services.--The Administrator may obtain services as 
authorized by section 3109 of title 5, United States Code, at rates not 
to exceed the rate now or hereafter payable under section 5376 of title 
5, United States Code.

``SEC. 203. VOLUNTARY SERVICE.

    ``The Administrator may accept and employ, in carrying out the 
provisions of this Act, voluntary and uncompensated services 
notwithstanding the provisions of section 3679(b) of the Revised 
Statutes (31 U.S.C. 665(b)).

``SEC. 204. NATIONAL PROGRAM.

    ``(a) National Juvenile Crime Control, Prevention, and Juvenile 
Offender Accountability Plan.--
            ``(1) In general.--Subject to the general authority of the 
        Attorney General, the Administrator shall develop objectives, 
        priorities, and short- and long-term plans, and shall implement 
        overall policy and a strategy to carry out such plan, for all 
        Federal juvenile crime control, prevention, and juvenile 
        offender accountability programs and activities relating to 
        improving juvenile crime control, the rehabilitation of 
        juvenile offenders, the prevention of juvenile crime, and the 
        enhancement of accountability by offenders within the juvenile 
        justice system in the United States.
            ``(2) Contents of plans.--
                    ``(A) In general.--Each plan described in paragraph 
                (1) shall--
                            ``(i) contain specific, measurable goals 
                        and criteria for reducing the incidence of 
                        crime and delinquency among juveniles, 
                        improving juvenile crime control, and ensuring 
                        accountability by offenders within the juvenile 
                        justice system in the United States, and shall 
                        include criteria for any discretionary grants 
                        and contracts, for conducting research, and for 
                        carrying out other activities under this title;
                            ``(ii) provide for coordinating the 
                        administration of programs and activities under 
                        this title with the administration of all other 
                        Federal juvenile crime control, prevention, and 
                        juvenile offender accountability programs and 
                        activities, including proposals for joint 
                        funding to be coordinated by the Administrator;
                            ``(iii) provide a detailed summary and 
                        analysis of the most recent data available 
                        regarding the number of juveniles taken into 
                        custody, the rate at which juveniles are taken 
                        into custody, the time served by juveniles in 
                        custody, and the trends demonstrated by such 
                        data;
                            ``(iv) provide a description of the 
                        activities for which amounts are expended under 
                        this title;
                            ``(v) provide specific information relating 
                        to the attainment of goals set forth in the 
                        plan, including specific, measurable standards 
                        for assessing progress toward national juvenile 
                        crime reduction and juvenile offender 
                        accountability goals; and
                            ``(vi) provide for the coordination of 
                        Federal, State, and local initiatives for the 
                        reduction of youth crime, preventing 
                        delinquency, and ensuring accountability for 
                        juvenile offenders.
                    ``(B) Summary and analysis.--Each summary and 
                analysis under subparagraph (A)(iii) shall set out the 
                information required by clauses (i), (ii), and (iii) of 
                this subparagraph separately for juvenile nonoffenders, 
                juvenile status offenders, and other juvenile 
                offenders. Such summary and analysis shall separately 
                address with respect to each category of juveniles 
                specified in the preceding sentence--
                            ``(i) the types of offenses with which the 
                        juveniles are charged;
                            ``(ii) the ages of the juveniles;
                            ``(iii) the types of facilities used to 
                        hold the juveniles (including juveniles treated 
                        as adults for purposes of prosecution) in 
                        custody, including secure detention facilities, 
                        secure correctional facilities, jails, and 
                        lockups;
                            ``(iv) the length of time served by 
                        juveniles in custody; and
                            ``(v) the number of juveniles who died or 
                        who suffered serious bodily injury while in 
                        custody and the circumstances under which each 
                        juvenile died or suffered such injury.
                    ``(C) Definition of serious bodily injury.--In this 
                paragraph, the term `serious bodily injury' means 
                bodily injury involving extreme physical pain or the 
                impairment of a function of a bodily member, organ, or 
                mental faculty that requires medical intervention such 
                as surgery, hospitalization, or physical 
                rehabilitation.
            ``(3) Annual review.--The Administrator shall annually--
                    ``(A) review each plan submitted under this 
                subsection;
                    ``(B) revise the plans, as the Administrator 
                considers appropriate; and
                    ``(C) not later than March 1 of each year, present 
                the plans to the Committee on the Judiciary of the 
                Senate and the Committee on Education and the Workforce 
                of the House of Representatives.
    ``(b) Duties of Administrator.--In carrying out this title, the 
Administrator shall--
            ``(1) advise the President through the Attorney General as 
        to all matters relating to federally assisted juvenile crime 
        control, prevention, and juvenile offender accountability 
        programs, and Federal policies regarding juvenile crime and 
        justice, including policies relating to juveniles prosecuted or 
        adjudicated in the Federal courts;
            ``(2) implement and coordinate Federal juvenile crime 
        control, prevention, and juvenile offender accountability 
        programs and activities among Federal departments and agencies 
        and between such programs and activities and other Federal 
        programs and activities that the Administrator determines may 
        have an important bearing on the success of the entire national 
        juvenile crime control, prevention, and juvenile offender 
        accountability effort including, in consultation with the 
        Director of the Office of Management and Budget listing 
        annually those programs to be considered Federal juvenile crime 
        control, prevention, and juvenile accountability programs for 
        the following fiscal year;
            ``(3) serve as a single point of contact for States, units 
        of local government, and private entities to apply for and 
        coordinate the use of and access to all Federal juvenile crime 
        control, prevention, and juvenile offender accountability 
        programs;
            ``(4) provide for the auditing of grants provided pursuant 
        to this title;
            ``(5) collect, prepare, and disseminate useful data 
        regarding the prevention, correction, and control of juvenile 
        crime and delinquency, and issue, not less frequently than once 
        each calendar year, a report on successful programs and 
        juvenile crime reduction methods utilized by States, 
        localities, and private entities;
            ``(6) ensure the performance of comprehensive rigorous 
        independent scientific evaluations, each of which shall--
                    ``(A) be independent in nature, and shall employ 
                rigorous and scientifically valid standards and 
                methodologies; and
                    ``(B) include measures of outcome and process 
                objectives, such as reductions in juvenile crime, youth 
                gang activity, youth substance abuse, and other high 
                risk factors, as well as increases in protective 
                factors that reduce the likelihood of delinquency and 
                criminal behavior;
            ``(7) involve consultation with appropriate authorities in 
        the States and with appropriate private entities in the 
        development, review, and revision of the plans required by 
        subsection (a) and in the development of policies relating to 
        juveniles prosecuted or adjudicated in the Federal courts;
            ``(8) provide technical assistance to the States, units of 
        local government, and private entities in implementing programs 
        funded by grants under this title;
            ``(9) provide technical and financial assistance to an 
        organization composed of member representatives of the State 
        advisory groups appointed under section 222(b)(2) to carry out 
        activities under this paragraph, if such an organization agrees 
        to carry out activities that include--
                    ``(A) conducting an annual conference of such 
                member representatives for purposes relating to the 
                activities of such State advisory groups;
                    ``(B) disseminating information, data, standards, 
                advanced techniques, and programs models developed 
                through the Institute and through programs funded under 
                section 261; and
                    ``(C) advising the Administrator with respect to 
                particular functions or aspects of the work of the 
                Office; and
            ``(10) provide technical and financial assistance to an 
        eligible organization composed of member representatives of the 
        State advisory groups appointed under section 222(b)(2) to 
        assist such organization to carry out the functions specified 
        under subparagraph (A).
                    ``(A) To be eligible to receive such assistance 
                such organization shall agree to carry out activities 
                that include--
                            ``(i) conducting an annual conference of 
                        such member representatives for purposes 
                        relating to the activities of such State 
                        advisory groups; and
                            ``(ii) disseminating information, data, 
                        standards, advanced techniques, and program 
                        models developed through the Institute and 
                        through programs funded under section 261.
    ``(c) Information, Reports, Studies, and Surveys From Other 
Agencies.--The Administrator through the general authority of the 
Attorney General, may require, through appropriate authority, Federal 
departments and agencies engaged in any activity involving any Federal 
juvenile crime control, prevention, and juvenile offender 
accountability program to provide the Administrator with such 
information and reports, and to conduct such studies and surveys, as 
the Administrator determines to be necessary to carry out the purposes 
of this title.
    ``(d) Utilization of Services and Facilities of Other Agencies; 
Reimbursement.--The Administrator, through the general authority of the 
Attorney General, may utilize the services and facilities of any agency 
of the Federal Government and of any other public agency or institution 
in accordance with appropriate agreements, and to pay for such services 
either in advance or by way of reimbursement as may be agreed upon.
    ``(e) Coordination of Functions of Administrator and Secretary of 
Health and Human Services.--All functions of the Administrator shall be 
coordinated as appropriate with the functions of the Secretary of 
Health and Human Services under title III.
    ``(f) Annual Juvenile Delinquency Development Statements.--
            ``(1) In general.--Each Federal agency that administers a 
        Federal juvenile crime control, prevention, and juvenile 
        offender accountability program shall annually submit to the 
        Administrator a juvenile crime control, prevention, and 
        juvenile offender accountability development statement.
            ``(2) Contents.--Each development statement submitted under 
        paragraph (1) shall contain such information, data, and 
        analyses as the Administrator may require. Such analyses shall 
        include an analysis of the extent to which the program of the 
        Federal agency submitting such development statement conforms 
        with and furthers Federal juvenile crime control, prevention, 
        and juvenile offender accountability, prevention, and treatment 
        goals and policies.
            ``(3) Review and comment.--
                    ``(A) In general.--The Administrator shall review 
                and comment upon each juvenile crime control, 
                prevention, and juvenile offender accountability 
                development statement transmitted to the Administrator 
                under paragraph (1).
                    ``(B) Inclusion in other documentation.--The 
                development statement transmitted under paragraph (1), 
                together with the comments of the Administrator under 
                subparagraph (A), shall be--
                            ``(i) included by the Federal agency 
                        involved in every recommendation or request 
                        made by such agency for Federal legislation 
                        that significantly affects juvenile crime 
                        control, prevention, and juvenile offender 
                        accountability; and
                            ``(ii) made available for promulgation to 
                        and use by State and local government 
                        officials, and by nonprofit organizations 
                        involved in delinquency prevention programs.
    ``(g) Joint Funding.--Notwithstanding any other provision of law, 
if funds are made available by more than 1 Federal agency to be used by 
any agency, organization, institution, or individual to carry out a 
Federal juvenile crime control, prevention, or juvenile offender 
accountability program or activity--
            ``(1) any 1 of the Federal agencies providing funds may be 
        requested by the Administrator to act for all in administering 
        the funds advanced; and
            ``(2) in such a case, a single non-Federal share 
        requirement may be established according to the proportion of 
        funds advanced by each Federal agency, and the Administrator 
        may order any such agency to waive any technical grant or 
        contract requirement (as defined in those regulations) that is 
        inconsistent with the similar requirement of the administering 
        agency or which the administering agency does not impose.

``SEC. 205. JUVENILE DELINQUENCY PREVENTION CHALLENGE GRANT PROGRAM.

    ``(a) Authority To Make Grants.--The Administrator may make grants 
to eligible States in accordance with this part for the purpose of 
providing financial assistance to eligible entities to carry out 
projects designed to prevent juvenile delinquency, including--
            ``(1) educational projects or supportive services for 
        delinquent or other juveniles--
                    ``(A) to encourage juveniles to remain in 
                elementary and secondary schools or in alternative 
                learning situations in educational settings;
                    ``(B) to provide services to assist juveniles in 
                making the transition to the world of work and self-
                sufficiency;
                    ``(C) to assist in identifying learning 
                difficulties (including learning disabilities);
                    ``(D) to prevent unwarranted and arbitrary 
                suspensions and expulsions;
                    ``(E) to encourage new approaches and techniques 
                with respect to the prevention of school violence and 
                vandalism;
                    ``(F) that assist law enforcement personnel and 
                juvenile justice personnel to more effectively 
                recognize and provide for learning-disabled and other 
                disabled juveniles;
                    ``(G) that develop locally coordinated policies and 
                programs among education, juvenile justice, public 
                recreation, and social service agencies; or
                    ``(H) to provide services to juveniles with serious 
                mental and emotional disturbances (SED) who are in need 
                of mental health services;
            ``(2) projects that provide support and treatment to--
                    ``(A) juveniles who are at risk of delinquency 
                because they are the victims of child abuse or neglect; 
                and
                    ``(B) juvenile offenders who are victims of child 
                abuse or neglect and to their families, in order to 
                reduce the likelihood that such juvenile offenders will 
                commit subsequent violations of law;
            ``(3) to develop, implement or operate projects for the 
        prevention or reduction of truancy through partnerships between 
        local education agencies, local law enforcement, and, as 
        appropriate, other community groups;
            ``(4) projects that support State and local programs to 
        prevent juvenile delinquency by providing for--
                    ``(A) assessments by qualified mental health 
                professionals of incarcerated juveniles who are 
                suspected of being in need of mental health services;
                    ``(B) the development of individualized treatment 
                plans for juveniles determined to be in need of mental 
                health services pursuant to assessments under 
                subparagraph (A);
                    ``(C) the inclusion of discharge plans for 
                incarcerated juveniles determined to be in need of 
                mental health services; and
                    ``(D) requirements that all juveniles receiving 
                psychotropic medication be under the care of a licensed 
                mental health professional;
            ``(5) one-on-one mentoring projects that are designed to 
        link at-risk juveniles and juvenile offenders who did not 
        commit serious crime, particularly juveniles residing in high-
        crime areas and juveniles experiencing educational failure, 
        with responsible adults (such as law enforcement officers, 
        adults working with local businesses, public recreation staff, 
        and adults working for community-based organizations and 
        agencies) who are properly screened and trained and that--
                    ``(A) the State establish criteria to assess the 
                quality of those one-on-one mentoring projects;
                    ``(B) the Administrator develop an annual report on 
                the best mentoring practices in those projects; and
                    ``(C) the State choose exemplary projects, 
                designated Gold Star Mentoring Projects, to receive 
                preferential access to funding;
            ``(6) community-based projects and services (including 
        literacy and social service programs) that work with juvenile 
        offenders, including those from families with limited English-
        speaking proficiency, their parents, their siblings, and other 
        family members during and after incarceration of the juvenile 
        offenders, in order to strengthen families, to allow juvenile 
        offenders to remain in their homes, and to prevent the 
        involvement of other juvenile family members in delinquent 
        activities;
            ``(7) projects designed to provide for the treatment of 
        juveniles for dependence on or abuse of alcohol, drugs, or 
        other harmful substances, giving priority to juveniles who have 
        been arrested for an alleged act of juvenile delinquency or 
        adjudicated delinquent;
            ``(8) projects that leverage funds to provide scholarships 
        for postsecondary education and training for low-income 
        juveniles who reside in neighborhoods with high rates of 
        poverty, violence, and drug-related crimes;
            ``(9) projects (including school- or community-based 
        projects) that are designed to prevent, and reduce the rate of, 
        the participation of juveniles in gangs that commit crimes 
        (particularly violent crimes), that unlawfully use firearms and 
        other weapons, or that unlawfully traffic in drugs and that 
        involve, to the extent practicable, families and other 
        community members (including law enforcement personnel and 
        members of the business community) in the activities conducted 
        under such projects, including youth violence courts targeted 
        to juveniles aged 14 and younger;
            ``(10) comprehensive juvenile justice and delinquency 
        prevention projects that meet the needs of juveniles through 
        the collaboration of the many local service systems juveniles 
        encounter, including schools, child abuse and neglect courts, 
        courts, law enforcement agencies, child protection agencies, 
        mental health agencies, welfare services, health care agencies, 
        public recreation agencies, and private nonprofit agencies 
        offering services to juveniles;
            ``(11) to develop, implement, and support, in conjunction 
        with public and private agencies, organizations, and 
        businesses, projects for the employment of juveniles and 
        referral to job training programs (including referral to 
        Federal job training programs);
            ``(12) delinquency prevention activities that involve youth 
        clubs, sports, recreation and parks, peer counseling and 
        teaching, the arts, leadership development, community service, 
        volunteer service, before- and after-school programs, violence 
        prevention activities, mediation skills training, camping, 
        environmental education, ethnic or cultural enrichment, 
        tutoring, and academic enrichment;
            ``(13) to establish policies and systems to incorporate 
        relevant child protective services records into juvenile 
        justice records for purposes of establishing treatment plans 
        for juvenile offenders;
            ``(14) family strengthening activities, such as mutual 
        support groups for parents and their children and postadoption 
        services for families who adopt children with special needs;
            ``(15) adoptive parent recruitment activities targeted at 
        recruiting permanent adoptive families for older children and 
        children with special needs in the foster care system who are 
        at risk of entering the juvenile justice system;
            ``(16) projects to coordinate the delivery of adolescent 
        mental health and substance abuse services to children at risk 
        by coordinating councils composed of public and private service 
        providers;
            ``(17) partnerships between State educational agencies and 
        local educational agencies for the design and implementation of 
        character education and training programs that incorporate the 
        following elements of character: Caring, citizenship, fairness, 
        respect, responsibility and trustworthiness;
            ``(18) programs for positive youth development that provide 
        youth at risk of delinquency with--
                    ``(A) an ongoing relationship with a caring adult 
                (for example, mentor, tutor, coach, or shelter youth 
                worker);
                    ``(B) safe places and structured activities during 
                nonschool hours;
                    ``(C) a healthy start;
                    ``(D) a marketable skill through effective 
                education; and
                    ``(E) an opportunity to give back through community 
                service;
            ``(19) projects that use neighborhood courts or panels that 
        increase victim satisfaction and require juveniles to make 
        restitution, or perform community service, for the damage 
        caused by their delinquent acts;
            ``(20) programs designed and operated to provide eligible 
        offenders with an alternative to adjudication that emphasizes 
        restorative justice;
            ``(21) projects that expand the use of probation officers--
                    ``(A) particularly for the purpose of permitting 
                nonviolent juvenile offenders, including status 
                offenders, to remain at home with their families as an 
                alternative to detention; and
                    ``(B) to ensure that juveniles follow the terms of 
                their probation; and
            ``(22) projects that provide for initial intake screening, 
        which may include drug testing, of each juvenile taken into 
        custody--
                    ``(A) to determine the likelihood that such 
                juvenile will commit a subsequent offense; and
                    ``(B) to provide appropriate interventions to 
                prevent such juvenile from committing subsequent 
                offenses.
    ``(b) Eligibility of States.--
            ``(1) Application.--To be eligible to receive a grant under 
        subsection (a), a State shall submit to the Administrator an 
        application that contains the following:
                    ``(A) An assurance that the State will use--
                            ``(i) not more than 5 percent of such 
                        grant, in the aggregate, for--
                                    ``(I) the costs incurred by the 
                                State to carry out this part; and
                                    ``(II) to evaluate, and provide 
                                technical assistance relating to, 
                                projects and activities carried out 
                                with funds provided under this part; 
                                and
                            ``(ii) the remainder of such grant to make 
                        grants under subsection (c).
                    ``(B) An assurance that, and a detailed description 
                of how, such grant will support, and not supplant State 
                and local efforts to prevent juvenile delinquency.
                    ``(C) An assurance that such application was 
                prepared after consultation with and participation by--
                            ``(i) community-based organizations that 
                        carry out programs, projects, or activities to 
                        prevent juvenile delinquency; and
                            ``(ii) police, sheriff, prosecutors, State 
                        or local probation services, juvenile courts, 
                        schools, public recreation agencies, 
                        businesses, and religious affiliated fraternal, 
                        nonprofit, and social service organizations 
                        involved in crime prevention.
                    ``(D) An assurance that each eligible entity 
                described in subsection (c)(1) that receives an initial 
                grant under subsection (c) to carry out a project or 
                activity shall also receive an assurance from the State 
                that such entity will receive from the State, for the 
                subsequent fiscal year to carry out such project or 
                activity, a grant under such section in an amount that 
                is proportional, based on such initial grant and on the 
                amount of the grant received under subsection (a) by 
                the State for such subsequent fiscal year, but that 
                does not exceed the amount specified for such 
                subsequent fiscal year in such application as approved 
                by the State.
                    ``(E) An assurance that each eligible entity 
                described in subsection (c)(1) that receives a grant to 
                carry out a project or activity under subsection (c) 
                has agreed to provide a 50 percent match of the amount 
                of the grant, including the value of in-kind 
                contributions to fund the project or activity, except 
                that the Administrator may for good cause reduce the 
                matching requirement to 33\1/3\ percent for 
                economically disadvantaged communities.
                    ``(F) An assurance that projects or activities 
                funded by a grant under subsection (a) shall be carried 
                out through or in coordination with a court with a 
                juvenile crime or delinquency docket.
                    ``(G) An assurance that of the grant funds 
                remaining after administrative costs are deducted 
                consistent with subparagraph (A)--
                            ``(i) not less than 80 percent shall be 
                        used for the purposes designated in paragraphs 
                        (1) through (18) of subsection (a); and
                            ``(ii) not less than 20 percent shall be 
                        used for the purposes in paragraphs (19) 
                        through (22) of subsection (a).
                    ``(H) Such other information as the Administrator 
                may reasonably require by rule.
            ``(2) Approval of applications.--
                    ``(A) Approval required.--Subject to subparagraph 
                (A), the Administrator shall approve an application, 
                and amendments to such application submitted in 
                subsequent fiscal years, that satisfy the requirements 
                of paragraph (1).
                    ``(B) Limitation.--The Administrator may not 
                approve such application (including amendments to such 
                application) for a fiscal year unless--
                            ``(i)(I) the State submitted a plan under 
                        section 222 for such fiscal year; and
                            ``(II) such plan is approved by the 
                        Administrator for such fiscal year; or
                            ``(ii) the Administrator waives the 
                        application of clause (i) to such State for 
                        such fiscal year, after finding good cause for 
                        such a waiver.
    ``(c) Grants for Local Projects.--
            ``(1) Selection from among applications.--
                    ``(A) In general.--Using a grant received under 
                subsection (a), a State may make grants to eligible 
                entities whose applications are received by the State 
                in accordance with paragraph (2) to carry out projects 
                and activities described in subsection (a).
                    ``(B) Special consideration.--For purposes of 
                making such grants, the State shall give special 
                consideration to eligible entities that--
                            ``(i) propose to carry out such projects in 
                        geographical areas in which there is--
                                    ``(I) a disproportionately high 
                                level of serious crime committed by 
                                juveniles; or
                                    ``(II) a recent rapid increase in 
                                the number of nonstatus offenses 
                                committed by juveniles;
                            ``(ii)(I) agree to carry out such projects 
                        or activities that are multidisciplinary and 
                        involve 2 or more eligible entities; or
                            ``(II) represent communities that have a 
                        comprehensive plan designed to identify at-risk 
                        juveniles and to prevent or reduce the rate of 
                        juvenile delinquency, and that involve other 
                        entities operated by individuals who have a 
                        demonstrated history of involvement in 
                        activities designed to prevent juvenile 
                        delinquency; and
                            ``(iii) state the amount of resources (in 
                        cash or in kind) such entities will provide to 
                        carry out such projects and activities.
            ``(2) Receipt of applications.--
                    ``(A) In general.--Subject to subparagraph (B), a 
                unit of local government shall submit to the State 
                simultaneously all applications that are--
                            ``(i) timely received by such unit from 
                        eligible entities; and
                            ``(ii) determined by such unit to be 
                        consistent with a current plan formulated by 
                        such unit for the purpose of preventing, and 
                        reducing the rate of, juvenile delinquency in 
                        the geographical area under the jurisdiction of 
                        such unit.
                    ``(B) Direct submission.--If an application 
                submitted to such unit by an eligible entity satisfies 
                the requirements specified in clauses (i) and (ii) of 
                subparagraph (A), such entity may submit such 
                application directly to the State.
    ``(d) Eligibility of Entities.--
            ``(1) Eligibility.--Subject to paragraph (2) and except as 
        provided in paragraph (3), to be eligible to receive a grant 
        under subsection (c), a community-based organization, local 
        juvenile justice system officials (including prosecutors, 
        police officers, judges, probation officers, parole officers, 
        and public defenders), local education authority (as defined in 
        section 14101 of the Elementary and Secondary Education Act of 
        1965 and including a school within such authority), local 
        recreation agency, nonprofit private organization (including a 
        faith-based organization), unit of local government, or social 
        service provider, and/or other entity with a demonstrated 
        history of involvement in the prevention of juvenile 
        delinquency, shall submit to a unit of local government an 
        application that contains the following:
                    ``(A) An assurance that such applicant will use 
                such grant, and each such grant received for the 
                subsequent fiscal year, to carry out throughout a 2-
                year period a project or activity described in 
                reasonable detail, and of a kind described in 1 or more 
                of paragraphs (1) through (22) of subsection (a) as 
                specified in, such application.
                    ``(B) A statement of the particular goals such 
                project or activity is designed to achieve, and the 
                methods such entity will use to achieve, and assess the 
                achievement of, each of such goals.
                    ``(C) A statement identifying the research (if any) 
                such entity relied on in preparing such application.
            ``(2) Review and submission of applications.--Except as 
        provided in paragraph (3), an entity shall not be eligible to 
        receive a grant under subsection (c) unless--
                    ``(A) such entity submits to a unit of local 
                government an application that--
                            ``(i) satisfies the requirements specified 
                        in subsection (a); and
                            ``(ii) describes a project or activity to 
                        be carried out in the geographical area under 
                        the jurisdiction of such unit; and
                    ``(B) such unit determines that such project or 
                activity is consistent with a current plan formulated 
                by such unit for the purpose of preventing, and 
                reducing the rate of, juvenile delinquency in the 
                geographical area under the jurisdiction of such unit.
            ``(3) Limitation.--If an entity that receives a grant under 
        subsection (c) to carry out a project or activity for a 2-year 
        period, and receives technical assistance from the State or the 
        Administrator after requesting such technical assistance (if 
        any), fails to demonstrate, before the expiration of such 2-
        year period, that such project or such activity has achieved 
        substantial success in achieving the goals specified in the 
        application submitted by such entity to receive such grants, 
        then such entity shall not be eligible to receive any 
        subsequent grant under such section to continue to carry out 
        such project or activity.
    ``(e) Reporting Requirement.--Not later than 180 days after the 
last day of each fiscal year, the Administrator shall submit to the 
Chairman of the Committee on Education and the Workforce of the House 
of Representatives and the Chairman of the Committee on the Judiciary 
of the Senate a report, which shall--
            ``(1) describe activities and accomplishments of grant 
        activities funded under this section;
            ``(2) describe procedures followed to disseminate grant 
        activity products and research findings;
            ``(3) describe activities conducted to develop policy and 
        to coordinate Federal agency and interagency efforts related to 
        delinquency prevention;
            ``(4) identify successful approaches and making the 
        recommendations for future activities to be conducted under 
        this section; and
            ``(5) describe, on a State-by-State basis, the total amount 
        of matching contributions made by States and eligible entities 
        for activities funded under this section.
    ``(f) Research and Evaluation.--
            ``(1) In general.--Except as provided in paragraph (2), of 
        the amount made available to carry out this section in each 
        fiscal year, the Administrator shall use the lesser of 5 
        percent or $5,000,000 for research, statistics, and evaluation 
        activities carried out in conjunction with the grant programs 
        under this section.
            ``(2) Exception.--No amount shall be available as provided 
        in paragraph (1) for a fiscal year, if amounts are made 
        available for that fiscal year for the National Institute of 
        Justice for evaluation research of juvenile delinquency 
        programs pursuant to subsection (b)(6) or (c)(6) of section 
        313.

``SEC. 206. GRANTS TO YOUTH ORGANIZATIONS.

    ``(a) Grant Program.--The Administrator may make grants to Indian 
tribes (as defined in section 4(e) of the Indian Self-Determination and 
Education Assistance Act) and national, Statewide, or community-based, 
nonprofit organizations in crime prone areas, (such as Boys and Girls 
Clubs, Police Athletic Leagues, 4-H Clubs, YWCA, YMCA, Big Brothers and 
Big Sisters, and Kids 'N Kops programs) for the purposes of--
            ``(1) providing constructive activities to youth during 
        after school hours, weekends, and school vacations;
            ``(2) providing supervised activities in safe environments 
        to youth in those areas, including activities through parks and 
        other recreation areas; and
            ``(3) providing anti-alcohol and other drug education to 
        prevent alcohol and other drug abuse among youth.
    ``(b) Applications.--
            ``(1) Eligibility.--In order to be eligible to receive a 
        grant under this section, the governing body of the Indian 
        tribe or the chief operating officer of a national, Statewide, 
        or community-based nonprofit organization shall submit an 
        application to the Administrator, in such form and containing 
        such information as the Administrator may reasonably require.
            ``(2) Application requirements.--Each application submitted 
        in accordance with paragraph (1) shall include--
                    ``(A) a request for a grant to be used for the 
                purposes of this section;
                    ``(B) a description of the communities to be served 
                by the grant, including the nature of juvenile crime, 
                violence, and drug use in the communities;
                    ``(C) written assurances that Federal funds 
                received under this section will be used to supplement 
                and not supplant, non-Federal funds that would 
                otherwise be available for activities funded under this 
                section;
                    ``(D) written assurances that all activities funded 
                under this section will be supervised by an appropriate 
                number of responsible adults;
                    ``(E) a plan for assuring that program activities 
                will take place in a secure environment that is free of 
                crime and drugs; and
                    ``(F) any additional statistical or financial 
                information that the Administrator may reasonably 
                require.
    ``(c) Grant Awards.--In awarding grants under this section, the 
Administrator shall consider--
            ``(1) the ability of the applicant to provide the intended 
        services;
            ``(2) the history and establishment of the applicant in 
        providing youth activities; and
            ``(3) the extent to which services will be provided in 
        crime prone areas, including efforts to achieve an equitable 
        geographic distribution of the grant awards.
    ``(d) Allocation.--Of the amounts made available to carry out this 
section--
            ``(1) 20 percent shall be for grants to national or 
        Statewide nonprofit organizations; and
            ``(2) 80 percent shall be for grants to community-based, 
        nonprofit organizations.
    ``(e) Continued Availability.--Amounts made available under this 
section shall remain available until expended.

``SEC. 207. GRANTS TO INDIAN TRIBES.

    ``(a) In General.--From the amount reserved under section 208(b) in 
each fiscal year, the Administrator shall make grants to Indian tribes 
for programs pursuant to the permissible purposes under section 205 and 
part B.
    ``(b) Applications.--
            ``(1) In general.--To be eligible to receive a grant under 
        this section, an Indian tribe shall submit to the Administrator 
        an application in such form and containing such information as 
        the Administrator may by regulation require.
            ``(2) Plans.--Each application submitted under paragraph 
        (1) shall include a plan for conducting projects described in 
        section 205(a), which plan shall--
                    ``(A) provide evidence that the Indian tribe 
                performs law enforcement functions (as determined by 
                the Secretary of the Interior);
                    ``(B) identify the juvenile justice and delinquency 
                problems and juvenile delinquency prevention needs to 
                be addressed by activities conducted by the Indian 
                tribe in the area under the jurisdiction of the Indian 
                tribe with assistance provided by the grant;
                    ``(C) provide for fiscal control and accounting 
                procedures that--
                            ``(i) are necessary to ensure the prudent 
                        use, proper disbursement, and accounting of 
                        funds received under this section; and
                            ``(ii) are consistent with the requirements 
                        of subparagraph (B); and
                    ``(D) comply with the requirements of section 
                222(a) (except that such subsection relates to 
                consultation with a State advisory group) and with the 
                requirements of section 222(c); and
                    ``(E) contain such other information, and be 
                subject to such additional requirements, as the 
                Administrator may reasonably prescribe to ensure the 
                effectiveness of the grant program under this section.
    ``(c) Factors for Consideration.--In awarding grants under this 
section, the Administrator shall consider--
            ``(1) the resources that are available to each applicant 
        that will assist, and be coordinated with, the overall juvenile 
        justice system of the Indian tribe; and
            ``(2) for each Indian tribe that receives assistance under 
        such a grant--
                    ``(A) the relative juvenile population; and
                    ``(B) who will be served by the assistance provided 
                by the grant.
    ``(d) Grant Awards.--
            ``(1) In general.--
                    ``(A) Competitive awards.--Except as provided in 
                paragraph (2), the Administrator shall annually award 
                grants under this section on a competitive basis. The 
                Administrator shall enter into a grant agreement with 
                each grant recipient under this section that specifies 
                the terms and conditions of the grant.
                    ``(B) Period of grant.--The period of each grant 
                awarded under this section shall be 2 years.
            ``(2) Exception.--In any case in which the Administrator 
        determines that a grant recipient under this section has 
        performed satisfactorily during the preceding year in 
        accordance with an applicable grant agreement, the 
        Administrator may--
                    ``(A) waive the requirement that the recipient be 
                subject to the competitive award process described in 
                paragraph (1)(A); and
                    ``(B) renew the grant for an additional grant 
                period (as specified in paragraph (1)(B)).
            ``(3) Modifications of processes.--The Administrator may 
        prescribe requirements to provide for appropriate modifications 
        to the plan preparation and application process specified in 
        subsection (b) for an application for a renewal grant under 
        paragraph (2)(B).
    ``(e) Reporting Requirement.--Each Indian tribe that receives a 
grant under this section shall be subject to the fiscal accountability 
provisions of section 5(f)(1) of the Indian Self-Determination and 
Education Assistance Act (25 U.S.C. 450c(f)(1)), relating to the 
submission of a single-agency audit report required by chapter 75 of 
title 31, United States Code.
    ``(f) Matching Requirement.--Funds appropriated by Congress for the 
activities of any agency of an Indian tribal government or the Bureau 
of Indian Affairs performing law enforcement functions on any Indian 
lands may be used to provide the non-Federal share of any program or 
project with a matching requirement funded under this section.
    ``(g) Technical Assistance.--From the amount reserved under section 
208(b) in each fiscal year, the Administrator may reserve 1 percent for 
the purpose of providing technical assistance to recipients of grants 
under this section.

``SEC. 208. ALLOCATION OF GRANTS.

    ``(a) In General.--Subject to subsections (b), (c), and (d), the 
amount allocated under section 291 to carry out section 205 in each 
fiscal year shall be allocated to the States as follows:
            ``(1) 0.5 percent shall be allocated to each eligible 
        State.
            ``(2) The amount remaining after the allocation under 
        subparagraph (A) shall be allocated among eligible States as 
        follows:
                    ``(A) 50 percent of such amount shall be allocated 
                proportionately based on the juvenile population in the 
                eligible States.
                    ``(B) 50 percent of such amount shall be allocated 
                proportionately based on the annual average number of 
                arrests for serious crimes committed in the eligible 
                States by juveniles during the then most recently 
                completed period of 3 consecutive calendar years for 
                which sufficient information is available to the 
                Administrator.
    ``(b) Reservation of Funds.--Notwithstanding any other provision of 
law, from the amounts allocated under section 291 to carry out section 
205 and part B in each fiscal year--
            ``(1) the Administrator shall reserve an amount equal to 
        the amount which all Indian tribes that qualify for a grant 
        under section 207 would collectively be entitled, if such 
        tribes were collectively treated as a State for purposes of 
        subsection (a); and
            ``(2) the Administrator shall reserve 5 percent to make 
        grants to States under section 209.
    ``(c) Exception.--The amount allocated to the Virgin Islands of the 
United States, Guam, American Samoa, the Trust Territory of the Pacific 
Islands, and the Commonwealth of the Northern Mariana Islands shall be 
not less than $75,000 and not more than $100,000.
    ``(d) Administrative Costs.--A State, unit of local government, or 
eligible unit that receives funds under this part may not use more than 
5 percent of those funds to pay for administrative costs.

``SEC. 209. CONFIDENTIAL REPORTING OF INDIVIDUALS SUSPECTED OF IMMINENT 
              SCHOOL VIOLENCE.

    ``(a) In General.--Grants under this section shall be known as 
`CRISIS Grants'.
    ``(b) Authority to Make Grants.--From the amounts reserved by the 
Administrator under section 208(b)(2), the Administrator shall make a 
grant to each State in an amount determined under subsection (d), for 
use in accordance with subsection (c).
    ``(c) Use of Grant Amounts.--Amounts made available to a State 
under a grant under this section may be used by the State--
            ``(1) to support the independent State development and 
        operation of confidential, toll-free telephone hotlines that 
        will operate 7 days per week, 24 hours per day, in order to 
        provide students, school officials, and other individuals with 
        the opportunity to report specific threats of imminent school 
        violence or to report other suspicious or criminal conduct by 
        juveniles to appropriate State and local law enforcement 
        entities for investigation;
            ``(2) to ensure proper State training of personnel who 
        answer and respond to telephone calls to hotlines described in 
        paragraph (1);
            ``(3) to assist in the acquisition of technology necessary 
        to enhance the effectiveness of hotlines described in paragraph 
        (1), including the utilization of Internet web-pages or 
        resources;
            ``(4) to enhance State efforts to offer appropriate 
        counseling services to individuals who call a hotline described 
        in paragraph (1) threatening to do harm to themselves or 
        others; and
            ``(5) to further State efforts to publicize the services 
        offered by the hotlines described in paragraph (1) and to 
        encourage individuals to utilize those services.
    ``(d) Allocation to States.--The total amount reserved to carry out 
this section in each fiscal year shall be allocated to each State based 
on the proportion of the population of the State that is less than 18 
years of age.

       ``PART B--FEDERAL ASSISTANCE FOR STATE AND LOCAL PROGRAMS

``SEC. 221. AUTHORITY TO MAKE GRANTS AND CONTRACTS.

    ``(a) In General.--The Administrator may make grants to States and 
units of local government, or combinations thereof, to assist them in 
planning, establishing, operating, coordinating, and evaluating 
projects directly or through grants and contracts with public and 
private agencies for the development of more effective education, 
training, research, prevention, diversion, treatment, and 
rehabilitation programs in the area of juvenile delinquency and 
programs to improve the juvenile justice system.
    ``(b) Training and Technical Assistance.--
            ``(1) In general.--With not to exceed 2 percent of the 
        funds available in a fiscal year to carry out this part, the 
        Administrator shall make grants to and enter into contracts 
        with public and private agencies, organizations, and 
        individuals to provide training and technical assistance to 
        States, units of local governments (and combinations thereof), 
        and local private agencies to facilitate compliance with 
        section 222 and implementation of the State plan approved under 
        section 222(c).
            ``(2) Eligible recipients.--Grants may be made and 
        contracts may be entered into under paragraph (1) only to 
        public and private agencies, organizations, and individuals 
        that have experience in providing such training and technical 
        assistance. In providing such training and technical 
        assistance, the recipient of a grant or contract under this 
        subsection shall coordinate its activities with the State 
        agency described in section 222(a)(1).

``SEC. 222. STATE PLANS.

    ``(a) In General.--In order to receive formula grants under this 
part, a State shall submit a plan, developed in consultation with the 
State Advisory Group established by the State under subsection 
(b)(2)(A), for carrying out its purposes applicable to a 3-year period. 
A portion of any allocation of formula grants to a State shall be 
available to develop a State plan or for other activities associated 
with such State plan which are necessary for efficient administration, 
including monitoring, evaluation, and one full-time staff position. The 
State shall submit annual performance reports to the Administrator, 
each of which shall describe progress in implementing programs 
contained in the original plan, and amendments necessary to update the 
plan, and shall describe the status of compliance with State plan 
requirements. In accordance with regulations that the Administrator 
shall prescribe, such plan shall--
            ``(1) designate a State agency as the sole agency for 
        supervising the preparation and administration of the plan;
            ``(2) contain satisfactory evidence that the State agency 
        designated in accordance with paragraph (1) has or will have 
        authority, by legislation if necessary, to implement such plan 
        in conformity with this part;
            ``(3) provide for the active consultation with and 
        participation of units of local government, or combinations 
        thereof, in the development of a State plan that adequately 
        takes into account the needs and requests of units of local 
        government, except that nothing in the plan requirements, or 
        any regulations promulgated to carry out such requirements, 
        shall be construed to prohibit or impede the State from making 
        grants to, or entering into contracts with, local private 
        agencies, including religious organizations;
            ``(4) to the extent feasible and consistent with paragraph 
        (5), provide for an equitable distribution of the assistance 
        received with the State, including rural areas;
            ``(5) require that the State or unit of local government 
        that is a recipient of amounts under this part distributes 
        those amounts intended to be used for the prevention of 
        juvenile delinquency and reduction of incarceration, to the 
        extent feasible, in proportion to the amount of juvenile crime 
        committed within those regions and communities;
            ``(6) provide assurances that youth coming into contact 
        with the juvenile justice system are treated equitably on the 
        basis of gender, race, family income, and disability;
            ``(7)(A) provide for--
                    ``(i) an analysis of juvenile crime and delinquency 
                problems (including the joining of gangs that commit 
                crimes) and juvenile justice and delinquency prevention 
                needs (including educational needs) of the State 
                (including any geographical area in which an Indian 
                tribe performs law enforcement functions), a 
                description of the services to be provided, and a 
                description of performance goals and priorities, 
                including a specific statement of the manner in which 
                programs are expected to meet the identified juvenile 
                crime problems (including the joining of gangs that 
                commit crimes) and juvenile justice and delinquency 
                prevention needs (including educational needs) of the 
                State;
                    ``(ii) an indication of the manner in which the 
                programs relate to other similar State or local 
                programs that are intended to address the same or 
                similar problems; and
                    ``(iii) a plan for the concentration of State 
                efforts, which shall coordinate all State juvenile 
                crime control, prevention, and delinquency programs 
                with respect to overall policy and development of 
                objectives and priorities for all State juvenile crime 
                control and delinquency programs and activities, 
                including provision for regular meetings of State 
                officials with responsibility in the area of juvenile 
                justice and delinquency prevention;
            ``(B) contain--
                    ``(i) a plan for providing needed gender-specific 
                services for the prevention and treatment of juvenile 
                delinquency;
                    ``(ii) a plan for providing needed services for the 
                prevention and treatment of juvenile delinquency in 
                rural areas; and
                    ``(iii) a plan for providing needed mental health 
                services to juveniles in the juvenile justice system;
            ``(8) provide for the coordination and maximum utilization 
        of existing juvenile delinquency programs, programs operated by 
        public and private agencies and organizations, and other 
        related programs (such as education, special education, 
        recreation, health, and welfare programs) in the State;
            ``(9) provide for the development of an adequate research, 
        training, and evaluation capacity within the State;
            ``(10) provide that not less than 75 percent of the funds 
        available to the State under section 221, other than funds made 
        available to the State advisory group under this section, 
        whether expended directly by the State, by the unit of local 
        government, or by a combination thereof, or through grants and 
        contracts with public or private nonprofit agencies, shall be 
        used for--
                    ``(A) community-based alternatives (including home-
                based alternatives) to incarceration and 
                institutionalization, including--
                            ``(i) for youth who need temporary 
                        placement: crisis intervention, shelter, and 
                        after-care; and
                            ``(ii) for youth who need residential 
                        placement: a continuum of foster care or group 
                        home alternatives that provide access to a 
                        comprehensive array of services;
                    ``(B) programs that assist in holding juveniles 
                accountable for their actions, including the use of 
                graduated sanctions and of neighborhood courts or 
                panels that increase victim satisfaction and require 
                juveniles to make restitution for the damage caused by 
                their delinquent behavior;
                    ``(C) comprehensive juvenile crime control and 
                delinquency prevention programs that meet the needs of 
                youth through the collaboration of the many local 
                systems before which a youth may appear, including 
                schools, courts, law enforcement agencies, child 
                protection agencies, mental health agencies, welfare 
                services, health care agencies, public recreation 
                agencies, and private nonprofit agencies offering youth 
                services;
                    ``(D) programs that provide treatment to juvenile 
                offenders who are victims of child abuse or neglect, 
                and to their families, in order to reduce the 
                likelihood that such juvenile offenders will commit 
                subsequent violations of law;
                    ``(E) educational programs or supportive services 
                for delinquent or other juveniles--
                            ``(i) to encourage juveniles to remain in 
                        elementary and secondary schools or in 
                        alternative learning situations;
                            ``(ii) to provide services to assist 
                        juveniles in making the transition to the world 
                        of work and self-sufficiency; and
                            ``(iii) enhance coordination with the local 
                        schools that such juveniles would otherwise 
                        attend, to ensure that--
                                    ``(I) the instruction that 
                                juveniles receive outside school is 
                                closely aligned with the instruction 
                                provided in school; and
                                    ``(II) information regarding any 
                                learning problems identified in such 
                                alternative learning situations are 
                                communicated to the schools;
                    ``(F) expanding the use of probation officers--
                            ``(i) particularly for the purpose of 
                        permitting nonviolent juvenile offenders 
                        (including status offenders) to remain at home 
                        with their families as an alternative to 
                        incarceration or institutionalization; and
                            ``(ii) to ensure that juveniles follow the 
                        terms of their probation;
                    ``(G) one-on-one mentoring programs that are 
                designed to link at-risk juveniles and juvenile 
                offenders, particularly juveniles residing in high-
                crime areas and juveniles experiencing educational 
                failure, with responsible adults (such as law 
                enforcement officers, adults working with local 
                businesses, and adults working with community-based 
                organizations and agencies) who are properly screened 
                and trained;
                    ``(H) programs designed to develop and implement 
                projects relating to juvenile delinquency and learning 
                disabilities, including on-the-job training programs to 
                assist community services, law enforcement, and 
                juvenile justice personnel to more effectively 
                recognize and provide for learning disabled and other 
                juveniles with disabilities;
                    ``(I) projects designed both to deter involvement 
                in illegal activities and to promote involvement in 
                lawful activities on the part of gangs whose membership 
                is substantially composed of youth;
                    ``(J) programs and projects designed to provide for 
                the treatment of youths' dependence on or abuse of 
                alcohol or other addictive or nonaddictive drugs;
                    ``(K) boot camps for juvenile offenders;
                    ``(L) community-based programs and services to work 
                with juveniles, their parents, and other family members 
                during and after incarceration in order to strengthen 
                families so that such juveniles may be retained in 
                their homes;
                    ``(M) other activities (such as court-appointed 
                advocates) that the State determines will hold 
                juveniles accountable for their acts and decrease 
                juvenile involvement in delinquent activities;
                    ``(N) establishing policies and systems to 
                incorporate relevant child protective services records 
                into juvenile justice records for purposes of 
                establishing treatment plans for juvenile offenders;
                    ``(O) programs (including referral to literacy 
                programs and social service programs) to assist 
                families with limited English-speaking ability that 
                include delinquent juveniles to overcome language and 
                other barriers that may prevent the complete treatment 
                of such juveniles and the preservation of their 
                families;
                    ``(P) programs that utilize multidisciplinary 
                interagency case management and information sharing, 
                that enable the juvenile justice and law enforcement 
                agencies, schools, and social service agencies to make 
                more informed decisions regarding early identification, 
                control, supervision, and treatment of juveniles who 
                repeatedly commit violent or serious delinquent acts;
                    ``(Q) programs designed to prevent and reduce hate 
                crimes committed by juveniles;
                    ``(R) court supervised initiatives that address the 
                illegal possession of firearms by juveniles; and
                    ``(S) programs for positive youth development that 
                provide delinquent youth and youth at-risk of 
                delinquency with--
                            ``(i) an ongoing relationship with a caring 
                        adult (for example, mentor, tutor, coach, or 
                        shelter youth worker);
                            ``(ii) safe places and structured 
                        activities during nonschool hours;
                            ``(iii) a healthy start;
                            ``(iv) a marketable skill through effective 
                        education; and
                            ``(v) an opportunity to give back through 
                        community service;
            ``(11) shall provide that--
                    ``(A) juveniles who are charged with or who have 
                committed an offense that would not be criminal if 
                committed by an adult, excluding--
                            ``(i) juveniles who are charged with or who 
                        have committed a violation of section 922(x)(2) 
                        of title 18, United States Code, or of a 
                        similar State law;
                            ``(ii) juveniles who are charged with or 
                        who have committed a violation of a valid court 
                        order; and
                            ``(iii) juveniles who are held in 
                        accordance with the Interstate Compact on 
                        Juveniles as enacted by the State;
                shall not be placed in secure detention facilities or 
                secure correctional facilities; and
                    ``(B) juveniles--
                            ``(i) who are not charged with any offense; 
                        and
                            ``(ii) who are--
                                    ``(I) aliens; or
                                    ``(II) alleged to be dependent, 
                                neglected, or abused;
                shall not be placed in secure detention facilities or 
                secure correctional facilities;
            ``(12) provide that--
                    ``(A) juveniles alleged to be or found to be 
                delinquent or juveniles within the purview of paragraph 
                (11) will not be detained or confined in any 
                institution in which they have prohibited physical 
                contact or sustained oral communication with adult 
                inmates; and
                    ``(B) there is in effect in the State a policy that 
                requires individuals who work with both such juveniles 
                and such adult inmates, including in collocated 
                facilities, have been trained and certified to work 
                with juveniles;
            ``(13) provide that no juvenile will be detained or 
        confined in any jail or lockup for adults except--
                    ``(A) juveniles who are accused of nonstatus 
                offenses and who are detained in such jail or lockup 
                for a period not to exceed 6 hours--
                            ``(i) for processing or release;
                            ``(ii) while awaiting transfer to a 
                        juvenile facility; or
                            ``(iii) in which period such juveniles make 
                        a court appearance;
                    ``(B) juveniles who are accused of nonstatus 
                offenses, who are awaiting an initial court appearance 
                that will occur within 48 hours after being taken into 
                custody (excluding Saturdays, Sundays, and legal 
                holidays), and who are detained or confined in a jail 
                or lockup--
                            ``(i) in which--
                                    ``(I) such juveniles do not have 
                                prohibited physical contact or 
                                sustained oral communication with adult 
                                inmates; and
                                    ``(II) there is in effect in the 
                                State a policy that requires 
                                individuals who work with both such 
                                juveniles and such adult inmates, 
                                including in collocated facilities, 
                                have been trained and certified to work 
                                with juveniles; and
                            ``(ii) that--
                                    ``(I) is located outside a 
                                metropolitan statistical area (as 
                                defined by the Office of Management and 
                                Budget) and has no existing acceptable 
                                alternative placement available;
                                    ``(II) is located where conditions 
                                of distance to be traveled or the lack 
                                of highway, road, or transportation do 
                                not allow for court appearances within 
                                48 hours (excluding Saturdays, Sundays, 
                                and legal holidays) so that a brief 
                                (not to exceed an additional 48 hours) 
                                delay is excusable; or
                                    ``(III) is located where conditions 
                                of safety exist (such as severe 
                                adverse, life-threatening weather 
                                conditions that do not allow for 
                                reasonably safe travel), in which case 
                                the time for an appearance may be 
                                delayed until 24 hours after the time 
                                that such conditions allow for 
                                reasonable safe travel;
                    ``(C) juveniles who are accused of nonstatus 
                offenses and who are detained or confined in a jail or 
                lockup that satisfies the requirements of subparagraph 
                (B)(i) if--
                            ``(i) such jail or lockup--
                                    ``(I) is located outside a 
                                metropolitan statistical area (as 
                                defined by the Office of Management and 
                                Budget); and
                                    ``(II) has no existing acceptable 
                                alternative placement available;
                            ``(ii) a parent or other legal guardian (or 
                        guardian ad litem) of the juvenile involved 
                        consents to detaining or confining such 
                        juvenile in accordance with this subparagraph 
                        and the parent has the right to revoke such 
                        consent at any time;
                            ``(iii) the juvenile has counsel, and the 
                        counsel representing such juvenile has an 
                        opportunity to present the juvenile's position 
                        regarding the detention or confinement involved 
                        to the court before the court finds that such 
                        detention or confinement is in the best 
                        interest of such juvenile and approves such 
                        detention or confinement; and
                            ``(iv) detaining or confining such juvenile 
                        in accordance with this subparagraph is--
                                    ``(I) approved in advance by a 
                                court with competent jurisdiction;
                                    ``(II) required to be reviewed 
                                periodically, at intervals of not more 
                                than 5 days (excluding Saturdays, 
                                Sundays, and legal holidays), by such 
                                court for the duration of detention or 
                                confinement, which review may be in the 
                                presence of the juvenile; and
                                    ``(III) for a period preceding the 
                                sentencing (if any) of such juvenile;
            ``(14) provide assurances that consideration will be given 
        to and that assistance will be available for approaches 
        designed to strengthen the families of delinquent and other 
        youth to prevent juvenile delinquency (which approaches should 
        include the involvement of grandparents or other extended 
        family members, when possible, and appropriate and the 
        provision of family counseling during the incarceration of 
        juvenile family members and coordination of family services 
        when appropriate and feasible);
            ``(15) provide for procedures to be established for 
        protecting the rights of recipients of services and for 
        assuring appropriate privacy with regard to records relating to 
        such services provided to any individual under the State plan;
            ``(16) provide for such fiscal control and fund accounting 
        procedures necessary to assure prudent use, proper 
        disbursement, and accurate accounting of funds received under 
        this title;
            ``(17) provide reasonable assurances that Federal funds 
        made available under this part for any period shall be so used 
        as to supplement and increase (but not supplant) the level of 
        the State, local, and other non-Federal funds that would in the 
        absence of such Federal funds be made available for the 
        programs described in this part, and shall in no event replace 
        such State, local, and other non-Federal funds;
            ``(18) provide that the State agency designated under 
        paragraph (1) will, not less often than annually, review its 
        plan and submit to the Administrator an analysis and evaluation 
        of the effectiveness of the programs and activities carried out 
        under the plan, and any modifications in the plan, including 
        the survey of State and local needs, that the agency considers 
        necessary;
            ``(19) provide assurances that the State or each unit of 
        local government that is a recipient of amounts under this part 
        require that any person convicted of a sexual act or sexual 
        contact involving any other person who has not attained the age 
        of 18 years, and who is not less than 4 years younger than such 
        convicted person, be tested for the presence of any sexually 
        transmitted disease and that the results of such test be 
        provided to the victim or to the family of the victim as well 
        as to any court or other government agency with primary 
        authority for sentencing the person convicted for the 
        commission of the sexual act or sexual contact (as those terms 
        are defined in paragraphs (2) and (3), respectively, of section 
        2246 of title 18, United States Code) involving a person not 
        having attained the age of 18 years;
            ``(20) provide that if a juvenile is taken into custody for 
        violating a valid court order issued for committing a status 
        offense--
                    ``(A) an appropriate public agency shall be 
                promptly notified that such juvenile is held in custody 
                for violating such order;
                    ``(B) not later than 24 hours during which such 
                juvenile is so held, an authorized representative of 
                such agency shall interview, in person, such juvenile; 
                and
                    ``(C) not later than 48 hours during which such 
                juvenile is so held--
                            ``(i) such representative shall submit an 
                        assessment to the court that issued such order, 
                        regarding the immediate needs of such juvenile; 
                        and
                            ``(ii) such court shall conduct a hearing 
                        to determine--
                                    ``(I) whether there is reasonable 
                                cause to believe that such juvenile 
                                violated such order; and
                                    ``(II) the appropriate placement of 
                                such juvenile pending disposition of 
                                the violation alleged;
            ``(21) specify a percentage, if any, of funds received by 
        the State under section 221 that the State will reserve for 
        expenditure by the State to provide incentive grants to units 
        of local government that reduce the case load of probation 
        officers within such units;
            ``(22) provide that the State, to the maximum extent 
        practicable, will implement a system to ensure that if a 
        juvenile is before a court in the juvenile justice system, 
        public child welfare records (including child protective 
        services records) relating to such juvenile that are on file in 
        the geographical area under the jurisdiction of such court will 
        be made known to such court;
            ``(23) unless the provisions of this paragraph are waived 
        at the discretion of the Administrator for any State in which 
        the services for delinquent or other youth are organized 
        primarily on a statewide basis, provide that at least 50 
        percent of funds received by the State under this section, 
        other than funds made available to the State advisory group, 
        shall be expended--
                    ``(A) through programs of units of general local 
                government or combinations thereof, to the extent such 
                programs are consistent with the State plan; and
                    ``(B) through programs of local private agencies, 
                to the extent such programs are consistent with the 
                State plan, except that direct funding of any local 
                private agency by a State shall be permitted only if 
                such agency requests such funding after it has applied 
                for and been denied funding by any unit of general 
                local government or combination thereof;
            ``(24) provide for the establishment of youth tribunals and 
        peer `juries' in school districts in the State to promote zero 
        tolerance policies with respect to misdemeanor offenses, acts 
        of juvenile delinquency, and other antisocial behavior 
        occurring on school grounds, including truancy, vandalism, 
        underage drinking, and underage tobacco use;
            ``(25) provide for projects to coordinate the delivery of 
        adolescent mental health and substance abuse services to 
        children at risk by coordinating councils composed of public 
        and private service providers;
            ``(26) provide assurances that--
                    ``(A) any assistance provided under this Act will 
                not cause the displacement (including a partial 
                displacement, such as a reduction in the hours of 
                nonovertime work, wages, or employment benefits) of any 
                currently employed employee;
                    ``(B) activities assisted under this Act will not 
                impair an existing collective bargaining relationship, 
                contract for services, or collective bargaining 
                agreement; and
                    ``(C) no such activity that would be inconsistent 
                with the terms of a collective bargaining agreement 
                shall be undertaken without the written concurrence of 
                the labor organization involved;
            ``(27) to the extent that segments of the juvenile 
        population are shown to be detained or confined in secure 
        detention facilities, secure correctional facilities, jails, 
        and lockups, to a greater extent than the proportion of these 
        groups in the general juvenile population, address prevention 
        efforts designed to reduce such disproportionate confinement, 
        without requiring the release or the failure to detain any 
        individual; and
            ``(28) demonstrate that the State has in effect a policy or 
        practice that requires State or local law enforcement agencies 
        to--
                    ``(A) present before a judicial officer any 
                juvenile who unlawfully possesses a firearm in a 
                school; and
                    ``(B) detain such juvenile in an appropriate 
                juvenile facility or secure community-based placement 
                for not less than 24 hours for appropriate evaluation, 
                upon a finding by the judicial officer that the 
                juvenile may be a danger to himself or herself, to 
                other individuals, or to the community in which that 
                juvenile resides.
    ``(b) Approval by State Agency.--
            ``(1) State agency.--The State agency designated under 
        subsection (a)(1) shall approve the State plan and any 
        modification thereof prior to submission of the plan to the 
        Administrator.
            ``(2) State advisory group.--
                    ``(A) Establishment.--The State advisory group 
                referred to in subsection (a) shall be known as the 
                `State Advisory Group'. The State Advisory Group shall 
                consist of representatives from both the private and 
                public sector, each of whom shall be appointed for a 
                term of not more than 6 years. The State shall ensure 
                that members of the State Advisory Group shall have 
                experience in the area of juvenile delinquency 
                prevention, the prosecution of juvenile offenders, the 
                treatment of juvenile delinquency, the investigation of 
                juvenile crimes, or the administration of juvenile 
                justice programs, and shall include not less than 1 
                prosecutor and not less than 1 judge from a court with 
                a juvenile crime or delinquency docket. The chairperson 
                of the State Advisory Group shall not be a full-time 
                employee of the Federal Government or the State 
                government.
                    ``(B) Consultation.--
                            ``(i) In general.--The State Advisory Group 
                        established under subparagraph (A) shall--
                                    ``(I) participate in the 
                                development and review of the State 
                                plan under this section before 
                                submission to the supervisory agency 
                                for final action; and
                                    ``(II) be afforded an opportunity 
                                to review and comment, not later than 
                                30 days after the submission to the 
                                State Advisory Group, on all juvenile 
                                justice and delinquency prevention 
                                grant applications submitted to the 
                                State agency designated under 
                                subsection (a)(1).
                            ``(ii) Authority.--The State Advisory Group 
                        shall report to the chief executive officer and 
                        the legislature of the State on an annual basis 
                        regarding recommendations related to the 
                        State's compliance under this section.
                    ``(C) Funding.--From amounts reserved for 
                administrative costs, the State may make available to 
                the State Advisory Group such sums as may be necessary 
                to assist the State Advisory Group in adequately 
                performing its duties under this paragraph.
    ``(c) Compliance With Statutory Requirements.--
            ``(1) In general.--If a State fails to comply with any of 
        the applicable requirements of paragraph (11), (12), (13), 
        (27), or (28) of subsection (a) in any fiscal year beginning 
        after September 30, 2000, the amount allocated to such State 
        for the subsequent fiscal year shall be reduced by not to 
        exceed 10 percent for each such paragraph with respect to which 
        the failure occurs, unless the Administrator determines that 
        the State--
                    ``(A) has achieved substantial compliance with such 
                applicable requirements with respect to which the State 
                was not in compliance; and
                    ``(B) has made, through appropriate executive or 
                legislative action, an unequivocal commitment to 
                achieving full compliance with such applicable 
                requirements within a reasonable time.
            ``(2) Waiver.--The Administrator may, upon request by a 
        State showing good cause, waive the application of this 
        subsection with respect to such State.

``SEC. 223. ALLOCATION OF GRANTS.

    ``(a) In General.--Subject to subsections (b), (c), and (d), the 
amount allocated under section 291 to carry out this part in each 
fiscal year that remains after reservation under section 208(b) for 
that fiscal year shall be allocated to the States as follows:
            ``(1) 0.5 percent shall be allocated to each eligible 
        State.
            ``(2) The amount remaining after the allocation under 
        clause (i) shall be allocated proportionately based on the 
        juvenile population in the eligible States.
    ``(b) System Support Grants.--Of the amount allocated under section 
291 to carry out this part in each fiscal year that remains after 
reservation under section 208(b) for that fiscal year, up to 10 percent 
may be available for use by the Administrator to provide--
            ``(1) training and technical assistance consistent with the 
        purposes authorized under sections 204, 205, and 221;
            ``(2) direct grant awards and other support to develop, 
        test, and demonstrate new approaches to improving the juvenile 
        justice system and reducing, preventing, and abating delinquent 
        behavior, juvenile crime, and youth violence;
            ``(3) for research and evaluation efforts to discover and 
        test methods and practices to improve the juvenile justice 
        system and reduce, prevent, and abate delinquent behavior, 
        juvenile crime, and youth violence; and
            ``(4) information, including information on best practices, 
        consistent with purposes authorized under sections 204, 205, 
        and 221.
    ``(c) Exception.--The amount allocated to the Virgin Islands of the 
United States, Guam, American Samoa, the Trust Territory of the Pacific 
Islands, and the Commonwealth of the Northern Mariana Islands shall be 
not less than $75,000 and not more than $100,000.
    ``(d) Administrative Costs.--A State, unit of local government, or 
eligible unit that receives funds under this part may not use more than 
5 percent of those funds to pay for administrative costs.

                      ``PART C--NATIONAL PROGRAMS

``SEC. 241. ESTABLISHMENT OF NATIONAL INSTITUTE FOR JUVENILE CRIME 
              CONTROL AND DELINQUENCY PREVENTION.

    ``(a) In General.--There is established within the National 
Institute of Justice a National Institute for Juvenile Crime Control 
and Delinquency Prevention, the purpose of which shall be to provide--
            ``(1) through the National Institute of Justice, for the 
        rigorous and independent evaluation of the delinquency and 
        youth violence prevention programs funded under this title; and
            ``(2) funding for new research, through the National 
        Institute of Justice, on the nature, causes, and prevention of 
        juvenile violence and juvenile delinquency.
    ``(b) Administration.--The National Institute for Juvenile Crime 
Control and Delinquency Prevention shall be under the supervision and 
direction of the Director of the National Institute of Justice 
(referred to in this part as the `Director'), in consultation with the 
Administrator.
    ``(c) Coordination.--The activities of the National Institute for 
Juvenile Crime Control and Delinquency Prevention shall be coordinated 
with the activities of the National Institute of Justice.
    ``(d) Duties of the Institute.--
            ``(1) In general.--The Administrator shall transfer 
        appropriated amounts to the National Institute of Justice, or 
        to other Federal agencies, for the purposes of new research and 
        evaluation projects funded by the National Institute for 
        Juvenile Crime Control and Delinquency Prevention, and for 
        evaluation of discretionary programs of the Office of Juvenile 
        Crime Control and Prevention.
            ``(2) Requirements.--Each evaluation and research study 
        funded with amounts transferred under paragraph (1) shall--
                    ``(A) be independent in nature;
                    ``(B) be awarded competitively; and
                    ``(C) employ rigorous and scientifically recognized 
                standards and methodologies, including peer review by 
                nonapplicants.
    ``(e) Powers of the Institute.--In addition to the other powers, 
express and implied, the National Institute for Juvenile Crime Control 
and Delinquency Prevention may--
            ``(1) request any Federal agency to supply such statistics, 
        data, program reports, and other material as the National 
        Institute for Juvenile Crime Control and Delinquency Prevention 
        deems necessary to carry out its functions;
            ``(2) arrange with and reimburse the heads of Federal 
        agencies for the use of personnel or facilities or equipment of 
        such agencies;
            ``(3) confer with and avail itself of the cooperation, 
        services, records, and facilities of State, municipal, or other 
        public or private local agencies;
            ``(4) make grants and enter into contracts with public or 
        private agencies, organizations, or individuals for the partial 
        performance of any functions of the National Institute for 
        Juvenile Crime Control and Delinquency Prevention; and
            ``(5) compensate consultants and members of technical 
        advisory councils who are not in the regular full-time employ 
        of the United States, at a rate now or hereafter payable under 
        section 5376 of title 5, United States Code, and while away 
        from home, or regular place of business, they may be allowed 
        travel expenses, including per diem in lieu of subsistence, as 
        authorized by section 5703 of title 5, United States Code, for 
        persons in the Government service employed intermittently.
    ``(f) Information From Federal Agencies.--A Federal agency that 
receives a request from the National Institute for Juvenile Crime 
Control and Delinquency Prevention under subsection (e)(1) may 
cooperate with the National Institute for Juvenile Crime Control and 
Delinquency Prevention and shall, to the maximum extent practicable, 
consult with and furnish information and advice to the National 
Institute for Juvenile Crime Control and Delinquency Prevention.

``SEC. 242. INFORMATION FUNCTION.

    ``The Administrator, in consultation with the Director, shall--
            ``(1) on a continuing basis, review reports, data, and 
        standards relating to the juvenile justice system in the United 
        States;
            ``(2) serve as an information bank by collecting 
        systematically and synthesizing the knowledge obtained from 
        studies and research by public and private agencies, 
        institutions, or individuals concerning all aspects of juvenile 
        delinquency, including the prevention and treatment of juvenile 
        delinquency; and
            ``(3) serve as a clearinghouse and information center for 
        the preparation, publication, and dissemination of all 
        information regarding juvenile delinquency, including State and 
        local juvenile delinquency prevention and treatment programs 
        (including drug and alcohol programs and gender-specific 
        programs) and plans, availability of resources, training and 
        educational programs, statistics, and other pertinent data and 
        information.

``SEC. 242A. STATISTICAL ANALYSIS.

    ``The Administrator, under the supervision of the Assistant 
Attorney General for the Office of Justice Programs, and in 
consultation with the Director, may--
            ``(1) transfer funds to and enter into agreements with the 
        Bureau of Justice Statistics or, subject to the approval of the 
        Assistant Attorney General for the Office of Justice Programs, 
        to another Federal agency authorized by law to undertake 
        statistical work in juvenile justice matters, for the purpose 
        of providing for the collection, analysis, and dissemination of 
        statistical data and information relating to juvenile crime, 
        the juvenile justice system, and youth violence, and for other 
        purposes, consistent with the Violent and Repeat Juvenile 
        Offender Accountability Act of 1999; and
            ``(2) plan and identify, in consultation with the Director 
        of the Bureau of Justice Statistics, the purposes and goals of 
        each grant made or contract or other agreement entered into 
        under this title.

``SEC. 243. RESEARCH, DEMONSTRATION, AND EVALUATION FUNCTIONS.

    ``(a) In General.--The Administrator, acting through the National 
Institute for Juvenile Crime Control and Delinquency Prevention, as 
appropriate, may--
            ``(1) conduct, encourage, and coordinate research and 
        evaluation into any aspect of juvenile delinquency, 
        particularly with regard to new programs and methods that show 
        promise of making a contribution toward the prevention and 
        treatment of juvenile delinquency;
            ``(2) encourage the development of demonstration projects 
        in new, innovative techniques and methods to prevent and treat 
        juvenile delinquency;
            ``(3) establish or expand programs that, in recognition of 
        varying degrees of the seriousness of delinquent behavior and 
        the corresponding gradations in the responses of the juvenile 
        justice system in response to that behavior, are designed to--
                    ``(A) encourage courts to develop and implement a 
                continuum of post-adjudication restraints that bridge 
                the gap between traditional probation and confinement 
                in a correctional setting (including expanded use of 
                probation, mediation, restitution, community service, 
                treatment, home detention, intensive supervision, 
                electronic monitoring, boot camps and similar programs, 
                and secure community-based treatment facilities linked 
                to other support services such as health, mental 
                health, education (remedial and special), job training, 
                and recreation); and
                    ``(B) assist in the provision by the Administrator 
                of best practices of information and technical 
                assistance, including technology transfer, to States in 
                the design and utilization of risk assessment 
                mechanisms to aid juvenile justice personnel in 
                determining appropriate sanctions for delinquent 
                behavior;
            ``(4) encourage the development of programs that, in 
        addition to helping youth take responsibility for their 
        behavior, through control and incarceration, if necessary, 
        provide therapeutic intervention such as providing skills;
            ``(5) encourage the development and establishment of 
        programs to enhance the States' ability to identify chronic 
        serious and violent juvenile offenders who commit crimes such 
        as rape, murder, firearms offenses, gang-related crimes, 
        violent felonies, and serious drug offenses;
            ``(6) prepare, in cooperation with education institutions, 
        with Federal, State, and local agencies, and with appropriate 
        individuals and private agencies, such studies as it considers 
        to be necessary with respect to prevention of and intervention 
        with juvenile violence and delinquency and the improvement of 
        juvenile justice systems, including--
                    ``(A) evaluations of programs and interventions 
                designed to prevent youth violence and juvenile 
                delinquency;
                    ``(B) assessments and evaluations of the 
                methodological approaches to evaluating the 
                effectiveness of interventions and programs designed to 
                prevent youth violence and juvenile delinquency;
                    ``(C) studies of the extent, nature, risk, and 
                protective factors, and causes of youth violence and 
                juvenile delinquency;
                    ``(D) comparisons of youth adjudicated and treated 
                by the juvenile justice system compared to juveniles 
                waived to and adjudicated by the adult criminal justice 
                system (including incarcerated in adult, secure 
                correctional facilities);
                    ``(E) recommendations with respect to effective and 
                ineffective primary, secondary, and tertiary prevention 
                interventions, including for which juveniles, and under 
                what circumstances (including circumstances connected 
                with the staffing of the intervention), prevention 
                efforts are effective and ineffective; and
                    ``(F) assessments of risk prediction systems of 
                juveniles used in making decisions regarding pretrial 
                detention;
            ``(7) disseminate the results of such evaluations and 
        research and demonstration activities particularly to persons 
        actively working in the field of juvenile delinquency;
            ``(8) disseminate pertinent data and studies to 
        individuals, agencies, and organizations concerned with the 
        prevention and treatment of juvenile delinquency; and
            ``(9) routinely collect, analyze, compile, publish, and 
        disseminate uniform national statistics concerning--
                    ``(A) all aspects of juveniles as victims and 
                offenders;
                    ``(B) the processing and treatment, in the juvenile 
                justice system, of juveniles who are status offenders, 
                delinquent, neglected, or abused; and
                    ``(C) the processing and treatment of such 
                juveniles who are treated as adults for purposes of the 
                criminal justice system.
    ``(b) Public Disclosure.--The Administrator or the Director, as 
appropriate, shall make available to the public--
            ``(1) the results of research, demonstration, and 
        evaluation activities referred to in subsection (a)(8);
            ``(2) the data and studies referred to in subsection 
        (a)(9); and
            ``(3) regular reports regarding each State's objective 
        measurements of youth violence, such as the number, rate, and 
        trend of homicides committed by youths.

``SEC. 244. TECHNICAL ASSISTANCE AND TRAINING FUNCTIONS.

    ``The Administrator may--
            ``(1) provide technical assistance and training assistance 
        to Federal, State, and local governments and to courts, public 
        and private agencies, institutions, and individuals in the 
        planning, establishment, funding, operation, and evaluation of 
        juvenile delinquency programs;
            ``(2) develop, conduct, and provide for training programs 
        for the training of professional, paraprofessional, and 
        volunteer personnel, and other persons who are working with or 
        preparing to work with juveniles, juvenile offenders (including 
        juveniles who commit hate crimes), and their families;
            ``(3) develop, conduct, and provide for seminars, 
        workshops, and training programs in the latest proven effective 
        techniques and methods of preventing and treating juvenile 
        delinquency for law enforcement officers, juvenile judges, 
        prosecutors, and defense attorneys, and other court personnel, 
        probation officers, correctional personnel, and other Federal, 
        State, and local government personnel who are engaged in work 
        relating to juvenile delinquency;
            ``(4) develop technical training teams to aid in the 
        development of training programs in the States and to assist 
        State and local agencies that work directly with juveniles and 
        juvenile offenders; and
            ``(5) provide technical assistance and training to assist 
        States and units of general local government.

``SEC. 245. ESTABLISHMENT OF TRAINING PROGRAM.

    ``(a) In General.--The Administrator shall establish a training 
program designed to train enrollees with respect to methods and 
techniques for the prevention and treatment of juvenile delinquency, 
including methods and techniques specifically designed to prevent and 
reduce the incidence of hate crimes committed by juveniles. In carrying 
out this program the Administrator may make use of available State and 
local services, equipment, personnel, facilities, and the like.
    ``(b) Qualifications for Enrollment.--Enrollees in the training 
program established under this section shall be drawn from law 
enforcement and correctional personnel (including volunteer lay 
personnel), teachers and special education personnel, family 
counselors, child welfare workers, juvenile judges and judicial 
personnel, persons associated with law-related education, public 
recreation personnel, youth workers, and representatives of private 
agencies and organizations with specific experience in the prevention 
and treatment of juvenile delinquency.

``SEC. 246. REPORT ON STATUS OFFENDERS.

    ``Not later than September 1, 2002, the Administrator, through the 
National Institute of Justice, shall--
            ``(1) conduct a study on the effect of incarceration on 
        status offenders compared to similarly situated individuals who 
        are not placed in secure detention in terms of the continuation 
        of their inappropriate or illegal conduct, delinquency, or 
        future criminal behavior, and evaluating the safety of status 
        offenders placed in secure detention; and
            ``(2) submit to the Chairman and Ranking Member of the 
        Committee on the Judiciary of the Senate and the Chairman and 
        Ranking Member of the Committee on Education and the Workforce 
        of the House of Representatives a report on the results of the 
        study conducted under paragraph (1).

``SEC. 247. CONSIDERATIONS FOR APPROVAL OF APPLICATIONS.

    ``(a) In General.--Any agency, institution, or individual seeking 
to receive a grant, or enter into a contract, under section 243, 244, 
or 245 shall submit an application at such time, in such manner, and 
containing or accompanied by such information as the Administrator or 
the Director, as appropriate, may prescribe.
    ``(b) Application Contents.--In accordance with guidelines 
established by the Administrator or the Director, as appropriate, each 
application for assistance under section 243, 244, or 245 shall--
            ``(1) set forth a program for carrying out 1 or more of the 
        purposes set forth in section 243, 244, or 245, and 
        specifically identify each such purpose such program is 
        designed to carry out;
            ``(2) provide that such program shall be administered by or 
        under the supervision of the applicant;
            ``(3) provide for the proper and efficient administration 
        of such program;
            ``(4) provide for regular evaluation of such program; and
            ``(5) provide for such fiscal control and fund accounting 
        procedures as may be necessary to ensure prudent use, proper 
        disbursement, and accurate accounting of funds received under 
        this title.
    ``(c) Factors for Consideration.--In determining whether or not to 
approve applications for grants and for contracts under this part, the 
Administrator or the Director, as appropriate, shall consider--
            ``(1) whether the project uses appropriate and rigorous 
        methodology, including appropriate samples, control groups, 
        psychometrically sound measurement, and appropriate data 
        analysis techniques;
            ``(2) the experience of the principal and coprincipal 
        investigators in the area of youth violence and juvenile 
        delinquency;
            ``(3) the protection offered human subjects in the study, 
        including informed consent procedures; and
            ``(4) the cost-effectiveness of the proposed project.
    ``(d) Selection Process.--
            ``(1) In general.--
                    ``(A) Competitive process.--Subject to subparagraph 
                (B), programs selected for assistance through grants or 
                contracts under section 243, 244, or 245 shall be 
                selected through a competitive process, which shall be 
                established by the Administrator or the Director, as 
                appropriate, by rule. As part of such a process, the 
                Administrator or the Director, as appropriate, shall 
                announce in the Federal Register--
                            ``(i) the availability of funds for such 
                        assistance;
                            ``(ii) the general criteria applicable to 
                        the selection of applicants to receive such 
                        assistance; and
                            ``(iii) a description of the procedures 
                        applicable to submitting and reviewing 
                        applications for such assistance.
                    ``(B) Waiver.--The competitive process described in 
                subparagraph (A) shall not be required if the 
                Administrator or the Director, as appropriate, makes a 
                written determination waiving the competitive process 
                with respect to a program to be carried out in an area 
                with respect to which the President declares under the 
                Robert T. Stafford Disaster Relief and Emergency 
                Assistance Act (42 U.S.C. 5121 et seq.) that a major 
                disaster or emergency exists.
            ``(2) Review Process.--
                    ``(A) In general.--Programs selected for assistance 
                through grants and contracts under this part shall be 
                selected after a competitive process that provides 
                potential grantees and contractors with not less than 
                90 days to submit applications for funds. Applications 
                for funds shall be reviewed through a formal peer 
                review process by qualified scientists with expertise 
                in the fields of criminology, juvenile delinquency, 
                sociology, psychology, research methodology, evaluation 
                research, statistics, and related areas. The peer 
                review process shall conform to the process used by the 
                National Institutes of Health, the National Institute 
                of Justice, or the National Science Foundation.
                    ``(B) Establishment of process.--Such process shall 
                be established by the Administrator or the Director, as 
                appropriate, in consultation with the Directors and 
                other appropriate officials of the National Science 
                Foundation and the National Institute of Mental Health. 
                Before implementation of such process, the 
                Administrator or the Director, as appropriate, shall 
                submit such process to such Directors, each of whom 
                shall prepare and furnish to the Chairman of the 
                Committee on Education and the Workforce of the House 
                of Representatives and the Chairman of the Committee on 
                the Judiciary of the Senate a final report containing 
                their comments on such process as proposed to be 
                established.
            ``(3) Emergency expedited consideration.--In establishing 
        the process required under paragraphs (1) and (2), the 
        Administrator or the Director, as appropriate, shall provide 
        for emergency expedited consideration of a proposed program if 
        the Administrator or the Director, as appropriate, determines 
        such action to be necessary in order to avoid a delay that 
        would preclude carrying out the program.
    ``(e) Effect of Population.--A city shall not be denied assistance 
under section 243, 244, or 245 solely on the basis of its population.
    ``(f) Notification Process.--Notification of grants and contracts 
made under sections 243, 244, and 245 (and the applications submitted 
for such grants and contracts) shall, upon being made, be transmitted 
by the Administrator or the Director, as appropriate, to the Chairman 
of the Committee on Education and the Workforce of the House of 
Representatives and the Chairman of the Committee on the Judiciary of 
the Senate.

``SEC. 248. STUDY OF VIOLENT ENTERTAINMENT.

    ``(a) Requirement.--The National Institutes of Health shall conduct 
a study of the effects of violent video games and music on child 
development and youth violence.
    ``(b) Elements.--The study under subsection (a) shall address--
            ``(1) whether, and to what extent, violence in video games 
        and music adversely affects the emotional and psychological 
        development of juveniles; and
            ``(2) whether violence in video games and music contributes 
        to juvenile delinquency and youth violence.

   ``PART D--GANG-FREE SCHOOLS AND COMMUNITIES; COMMUNITY-BASED GANG 
                              INTERVENTION

``SEC. 251. DEFINITION OF JUVENILE.

    ``In this part, the term `juvenile' means an individual who has not 
attained the age of 22 years.

``SEC. 252. GANG-FREE SCHOOLS AND COMMUNITIES.

    ``(a) In General.--
            ``(1) The Administrator shall make grants to or enter into 
        contracts with public agencies (including local educational 
        agencies) and private nonprofit agencies, organizations, and 
        institutions to establish and support programs and activities 
        that involve families and communities and that are designed to 
        carry out any of the following purposes:
                    ``(A) To prevent and to reduce the participation of 
                juveniles in the activities of gangs that commit 
                crimes. Such programs and activities may include--
                            ``(i) individual, peer, family, and group 
                        counseling, including the provision of life 
                        skills training and preparation for living 
                        independently, which shall include cooperation 
                        with social services, welfare, and health care 
                        programs;
                            ``(ii) education, recreation, and social 
                        services designed to address the social and 
                        developmental needs of juveniles that such 
                        juveniles would otherwise seek to have met 
                        through membership in gangs;
                            ``(iii) crisis intervention and counseling 
                        to juveniles, who are particularly at risk of 
                        gang involvement, and their families, including 
                        assistance from social service, welfare, health 
                        care, mental health, and substance abuse 
                        prevention and treatment agencies where 
                        necessary;
                            ``(iv) the organization of neighborhood and 
                        community groups to work closely with parents, 
                        schools, law enforcement, and other public and 
                        private agencies in the community; and
                            ``(v) training and assistance to adults who 
                        have significant relationships with juveniles 
                        who are or may become members of gangs, to 
                        assist such adults in providing constructive 
                        alternatives to participating in the activities 
                        of gangs.
                    ``(B) To develop within the juvenile adjudicatory 
                and correctional systems new and innovative means to 
                address the problems of juveniles convicted of serious 
                drug-related and gang-related offenses.
                    ``(C) To target elementary school students, with 
                the purpose of steering students away from gang 
                involvement.
                    ``(D) To provide treatment to juveniles who are 
                members of such gangs, including members who are 
                accused of committing a serious crime and members who 
                have been adjudicated as being delinquent.
                    ``(E) To promote the involvement of juveniles in 
                lawful activities in geographical areas in which gangs 
                commit crimes.
                    ``(F) To promote and support, with the cooperation 
                of community-based organizations experienced in 
                providing services to juveniles engaged in gang-related 
                activities and the cooperation of local law enforcement 
                agencies, the development of policies and activities in 
                public elementary and secondary schools that will 
                assist such schools in maintaining a safe environment 
                conducive to learning.
                    ``(G) To assist juveniles who are or may become 
                members of gangs to obtain appropriate educational 
                instruction, in or outside a regular school program, 
                including the provision of counseling and other 
                services to promote and support the continued 
                participation of such juveniles in such instructional 
                programs.
                    ``(H) To expand the availability of prevention and 
                treatment services relating to the illegal use of 
                controlled substances and controlled substance 
                analogues (as defined in paragraphs (6) and (32) of 
                section 102 of the Controlled Substances Act (21 U.S.C. 
                802)) by juveniles, provided through State and local 
                health and social services agencies.
                    ``(I) To provide services to prevent juveniles from 
                coming into contact with the juvenile justice system 
                again as a result of gang-related activity.
                    ``(J) To provide services authorized in this 
                section at a special location in a school or housing 
                project or other appropriate site.
                    ``(K) To support activities to inform juveniles of 
                the availability of treatment and services for which 
                financial assistance is available under this section.
            ``(2) From not more than 15 percent of the total amount 
        appropriated to carry out this part in each fiscal year, the 
        Administrator may make grants to and enter into contracts with 
        public agencies and private nonprofit agencies, organizations, 
        and institutions--
                    ``(A) to conduct research on issues related to 
                juvenile gangs;
                    ``(B) to evaluate the effectiveness of programs and 
                activities funded under paragraph (1); and
                    ``(C) to increase the knowledge of the public 
                (including public and private agencies that operate or 
                desire to operate gang prevention and intervention 
                programs) by disseminating information on research and 
                on effective programs and activities funded under this 
                section.
    ``(b) Approval of Applications.--
            ``(1) In general.--Any agency, organization, or institution 
        seeking to receive a grant, or to enter into a contract, under 
        this section shall submit an application at such time, in such 
        manner, and containing such information as the Administrator 
        may prescribe.
            ``(2) Application contents.--In accordance with guidelines 
        established by the Administrator, each application submitted 
        under paragraph (1) shall--
                    ``(A) set forth a program or activity for carrying 
                out 1 or more of the purposes specified in subsection 
                (a) and specifically identify each such purpose such 
                program or activity is designed to carry out;
                    ``(B) provide that such program or activity shall 
                be administered by or under the supervision of the 
                applicant;
                    ``(C) provide for the proper and efficient 
                administration of such program or activity;
                    ``(D) provide for regular evaluation of such 
                program or activity;
                    ``(E) provide an assurance that the proposed 
                program or activity will supplement, not supplant, 
                similar programs and activities already available in 
                the community;
                    ``(F) describe how such program or activity is 
                coordinated with programs, activities, and services 
                available locally under part B or C of this title, and 
                under chapter 1 of subtitle B of title III of the Anti-
                Drug Abuse Act of 1988 (42 U.S.C. 11801-11805);
                    ``(G) certify that the applicant has requested the 
                State planning agency to review and comment on such 
                application and summarize the responses of such State 
                planning agency to such request;
                    ``(H) provide that regular reports on such program 
                or activity shall be sent to the Administrator and to 
                such State planning agency; and
                    ``(I) provide for such fiscal control and fund 
                accounting procedures as may be necessary to ensure 
                prudent use, proper disbursement, and accurate 
                accounting of funds received under this section.
            ``(3) Priority.--In reviewing applications for grants and 
        contracts under this section, the Administrator shall give 
        priority to applications--
                    ``(A) submitted by, or substantially involving, 
                local educational agencies (as defined in section 1471 
                of the Elementary and Secondary Education Act of 1965 
                (20 U.S.C. 2891));
                    ``(B) based on the incidence and severity of crimes 
                committed by gangs whose membership is composed 
                primarily of juveniles in the geographical area in 
                which the applicants propose to carry out the programs 
                and activities for which such grants and contracts are 
                requested; and
                    ``(C) for assistance for programs and activities 
                that--
                            ``(i) are broadly supported by public and 
                        private nonprofit agencies, organizations, and 
                        institutions located in such geographical area; 
                        and
                            ``(ii) will substantially involve the 
                        families of juvenile gang members in carrying 
                        out such programs or activities.

``SEC. 253. COMMUNITY-BASED GANG INTERVENTION.

    ``(a) In General.--The Administrator shall make grants to or enter 
into contracts with public and private nonprofit agencies, 
organizations, and institutions to carry out programs and activities--
            ``(1) to reduce the participation of juveniles in the 
        illegal activities of gangs;
            ``(2) to develop regional task forces involving State, 
        local, and community-based organizations to coordinate the 
        disruption of gangs and the prosecution of juvenile gang 
        members and to curtail interstate activities of gangs; and
            ``(3) to facilitate coordination and cooperation among--
                    ``(A) local education, juvenile justice, 
                employment, recreation, and social service agencies; 
                and
                    ``(B) community-based programs with a proven record 
                of effectively providing intervention services to 
                juvenile gang members for the purpose of reducing the 
                participation of juveniles in illegal gang activities; 
                and
            ``(4) to support programs that, in recognition of varying 
        degrees of the seriousness of delinquent behavior and the 
        corresponding gradations in the responses of the juvenile 
        justice system in response to that behavior, are designed to--
                    ``(A) encourage courts to develop and implement a 
                continuum of post-adjudication restraints that bridge 
                the gap between traditional probation and confinement 
                in a correctional setting (including expanded use of 
                probation, mediation, restitution, community service, 
                treatment, home detention, intensive supervision, 
                electronic monitoring, boot camps and similar programs, 
                and secure community-based treatment facilities linked 
                to other support services such as health, mental 
                health, education (remedial and special), job training, 
                and recreation); and
                    ``(B) assist in the provision by the Administrator 
                of information and technical assistance, including 
                technology transfer, to States in the design and 
                utilization of risk assessment mechanisms to aid 
                juvenile justice personnel in determining appropriate 
                sanctions for delinquent behavior.
    ``(b) Eligible Programs and Activities.--Programs and activities 
for which grants and contracts are to be made under this section may 
include--
            ``(1) the hiring of additional State and local prosecutors, 
        and the establishment and operation of programs, including 
        multijurisdictional task forces, for the disruption of gangs 
        and the prosecution of gang members;
            ``(2) developing within the juvenile adjudicatory and 
        correctional systems new and innovative means to address the 
        problems of juveniles convicted of serious drug-related and 
        gang-related offenses;
            ``(3) providing treatment to juveniles who are members of 
        such gangs, including members who are accused of committing a 
        serious crime and members who have been adjudicated as being 
        delinquent;
            ``(4) promoting the involvement of juveniles in lawful 
        activities in geographical areas in which gangs commit crimes;
            ``(5) expanding the availability of prevention and 
        treatment services relating to the illegal use of controlled 
        substances and controlled substances analogues (as defined in 
        paragraphs (6) and (32) of section 102 of the Controlled 
        Substances Act (21 U.S.C. 802)), by juveniles, provided through 
        State and local health and social services agencies;
            ``(6) providing services to prevent juveniles from coming 
        into contact with the juvenile justice system again as a result 
        of gang-related activity; or
            ``(7) supporting activities to inform juveniles of the 
        availability of treatment and services for which financial 
        assistance is available under this section.
    ``(c) Approval of Applications.--
            ``(1) In general.--Any agency, organization, or institution 
        desiring to receive a grant, or to enter into a contract, under 
        this section shall submit an application at such time, in such 
        manner, and containing such information as the Administrator 
        may prescribe.
            ``(2) Application contents.--In accordance with guidelines 
        established by the Administrator, each application submitted 
        under paragraph (1) shall--
                    ``(A) set forth a program or activity for carrying 
                out 1 or more of the purposes specified in subsection 
                (a) and specifically identify each such purpose such 
                program or activity is designed to carry out;
                    ``(B) provide that such program or activity shall 
                be administered by or under the supervision of the 
                applicant;
                    ``(C) provide for the proper and efficient 
                administration of such program or activity;
                    ``(D) provide for regular evaluation of such 
                program or activity;
                    ``(E) provide an assurance that the proposed 
                program or activity will supplement, not supplant, 
                similar programs and activities already available in 
                the community;
                    ``(F) describe how such program or activity is 
                coordinated with programs, activities, and services 
                available locally under part B of this title and under 
                chapter 1 of subtitle B of title III of the Anti-Drug 
                Abuse Act of 1988 (42 U.S.C. 11801-11805);
                    ``(G) certify that the applicant has requested the 
                State planning agency to review and comment on such 
                application and summarize the responses of such State 
                planning agency to such request;
                    ``(H) provide that regular reports on such program 
                or activity shall be sent to the Administrator and to 
                such State planning agency; and
                    ``(I) provide for such fiscal control and fund 
                accounting procedures as may be necessary to ensure 
                prudent use, proper disbursement, and accurate 
                accounting of funds received under this section.
            ``(3) Priority.--In reviewing applications for grants and 
        contracts under subsection (a), the Administrator shall give 
        priority to applications--
                    ``(A) submitted by, or substantially involving, 
                community-based organizations experienced in providing 
                services to juveniles;
                    ``(B) based on the incidence and severity of crimes 
                committed by gangs whose membership is composed 
                primarily of juveniles in the geographical area in 
                which the applicants propose to carry out the programs 
                and activities for which such grants and contracts are 
                requested; and
                    ``(C) for assistance for programs and activities 
                that--
                            ``(i) are broadly supported by public and 
                        private nonprofit agencies, organizations, and 
                        institutions located in such geographical area; 
                        and
                            ``(ii) will substantially involve the 
                        families of juvenile gang members in carrying 
                        out such programs or activities.

``SEC. 254. PRIORITY.

    ``In making grants under this part, the Administrator shall give 
priority to funding programs and activities described in subsections 
(a)(2) and (b)(1) of section 253.

    ``PART E--DEVELOPING, TESTING, AND DEMONSTRATING PROMISING NEW 
                        INITIATIVES AND PROGRAMS

``SEC. 261. GRANTS AND PROJECTS.

    ``(a) Authority To Make Grants.--The Administrator may make grants 
to, and enter into contracts with, States, units of local government, 
Indian tribal governments, public and private agencies, organizations, 
and individuals, or combinations thereof, to carry out projects for the 
development, testing, and demonstration of promising initiatives and 
programs for the prevention, control, or reduction of juvenile 
delinquency. The Administrator shall ensure that, to the extent 
reasonable and practicable, such grants are made to achieve an 
equitable geographical distribution of such projects throughout the 
United States.
    ``(b) Use of Grants.--A grant made under subsection (a) may be used 
to pay all or part of the cost of the project for which such grant is 
made.

``SEC. 262. GRANTS FOR TRAINING AND TECHNICAL ASSISTANCE.

    ``The Administrator may make grants to, and enter into contracts 
with, public and private agencies, organizations, and individuals to 
provide training and technical assistance to States, units of local 
government, Indian tribal governments, local private entities or 
agencies, or any combination thereof, to carry out the projects for 
which grants are made under section 261.

``SEC. 263. ELIGIBILITY.

    ``To be eligible to receive assistance pursuant to a grant or 
contract under this part, a public or private agency, Indian tribal 
government, organization, institution, individual, or combination 
thereof, shall submit an application to the Administrator at such time, 
in such form, and containing such information as the Administrator may 
reasonably require by rule.

``SEC. 264. REPORTS.

    ``Each recipient of assistance pursuant to a grant or contract 
under this part shall submit to the Administrator such reports as may 
be reasonably requested by the Administrator to describe progress 
achieved in carrying the projects for which the assistance was 
provided.

                          ``PART F--MENTORING

``SEC. 271. MENTORING.

    ``The purposes of this part are to, through the use of mentors for 
at-risk youth--
            ``(1) reduce juvenile delinquency and gang participation;
            ``(2) improve academic performance; and
            ``(3) reduce the dropout rate.

``SEC. 272. DEFINITIONS.

    ``In this part--
            ``(1) the term `at-risk youth' means a youth at risk of 
        educational failure, dropping out of school, or involvement in 
        criminal or delinquent activities; and
            ``(2) the term `mentor' means a person who works with an 
        at-risk youth on a one-to-one basis, providing a positive role 
        model for the youth, establishing a supportive relationship 
        with the youth, and providing the youth with academic 
        assistance and exposure to new experiences and examples of 
        opportunity that enhance the ability of the youth to become a 
        responsible adult.

``SEC. 273. GRANTS.

    ``(a) Local Educational Grants.--The Administrator shall make 
grants to local education agencies and nonprofit organizations to 
establish and support programs and activities for the purpose of 
implementing mentoring programs that--
            ``(1) are designed to link at-risk children, particularly 
        children living in high crime areas and children experiencing 
        educational failure, with responsible adults such as law 
        enforcement officers, persons working with local businesses, 
        elders in Alaska Native villages, and adults working for 
        community-based organizations and agencies; and
            ``(2) are intended to achieve 1 or more of the following 
        goals:
                    ``(A) Provide general guidance to at-risk youth.
                    ``(B) Promote personal and social responsibility 
                among at-risk youth.
                    ``(C) Increase at-risk youth's participation in and 
                enhance their ability to benefit from elementary and 
                secondary education.
                    ``(D) Discourage at-risk youth's use of illegal 
                drugs, violence, and dangerous weapons, and other 
                criminal activity.
                    ``(E) Discourage involvement of at-risk youth in 
                gangs.
                    ``(F) Encourage at-risk youth's participation in 
                community service and community activities.
    ``(b) Family-to-Family Mentoring Grants.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Family-to-family mentoring program.--The term 
                `family-to-family mentoring program' means a mentoring 
                program that--
                            ``(i) utilizes a 2-tier mentoring approach 
                        that matches volunteer families with at-risk 
                        families allowing parents to directly work with 
                        parents and children to work directly with 
                        children; and
                            ``(ii) has an afterschool program for 
                        volunteer and at-risk families.
                    ``(B) Positive alternatives program.--The term 
                `positive alternatives program' means a positive youth 
                development and family-to-family mentoring program that 
                emphasizes drug and gang prevention components.
                    ``(C) Qualified positive alternatives program.--The 
                term `qualified positive alternatives program' means a 
                positive alternatives program that has established a 
                family-to-family mentoring program, as of the date of 
                enactment of the Violent and Repeat Juvenile Offender 
                Accountability and Rehabilitation Act of 1999.
            ``(2) Authority.--The Administrator shall make and enter 
        into contracts with a qualified positive alternatives program.

``SEC. 274. REGULATIONS AND GUIDELINES.

    ``(a) Program Guidelines.--The Administrator shall issue program 
guidelines to implement this part. The program guidelines shall be 
effective only after a period for public notice and comment.
    ``(b) Model Screening Guidelines.--The Administrator shall develop 
and distribute to program participants specific model guidelines for 
the screening of prospective program mentors.

``SEC. 275. USE OF GRANTS.

    ``(a) Permitted Uses.--Grants awarded under this part shall be used 
to implement mentoring programs, including--
            ``(1) hiring of mentoring coordinators and support staff;
            ``(2) recruitment, screening, and training of adult 
        mentors;
            ``(3) reimbursement of mentors for reasonable incidental 
        expenditures such as transportation that are directly 
        associated with mentoring; and
            ``(4) such other purposes as the Administrator may 
        reasonably prescribe by regulation.
    ``(b) Prohibited Uses.--Grants awarded pursuant to this part shall 
not be used--
            ``(1) to directly compensate mentors, except as provided 
        pursuant to subsection (a)(3);
            ``(2) to obtain educational or other materials or equipment 
        that would otherwise be used in the ordinary course of the 
        grantee's operations;
            ``(3) to support litigation of any kind; or
            ``(4) for any other purpose reasonably prohibited by the 
        Administrator by regulation.

``SEC. 276. PRIORITY.

    ``(a) In General.--In making grants under this part, the 
Administrator shall give priority for awarding grants to applicants 
that--
            ``(1) serve at-risk youth in high crime areas;
            ``(2) have 60 percent or more of their youth eligible to 
        receive funds under the Elementary and Secondary Education Act 
        of 1965; and
            ``(3) have a considerable number of youths who drop out of 
        school each year.
    ``(b) Other Considerations.--In making grants under this part, the 
Administrator shall give consideration to--
            ``(1) the geographic distribution (urban and rural) of 
        applications;
            ``(2) the quality of a mentoring plan, including--
                    ``(A) the resources, if any, that will be dedicated 
                to providing participating youth with opportunities for 
                job training or postsecondary education; and
                    ``(B) the degree to which parents, teachers, 
                community-based organizations, and the local community 
                participate in the design and implementation of the 
                mentoring plan; and
            ``(3) the capability of the applicant to effectively 
        implement the mentoring plan.

``SEC. 277. APPLICATIONS.

    ``An application for assistance under this part shall include--
            ``(1) information on the youth expected to be served by the 
        program;
            ``(2) a provision for a mechanism for matching youth with 
        mentors based on the needs of the youth;
            ``(3) An assurance that no mentor or mentoring family will 
        be assigned a number of youths that would undermine their 
        ability to be an effective mentor and ensure a one-to-one 
        relationship with mentored youths;
            ``(4) an assurance that projects operated in secondary 
        schools will provide youth with a variety of experiences and 
        support, including--
                    ``(A) an opportunity to spend time in a work 
                environment and, when possible, participate in the work 
                environment;
                    ``(B) an opportunity to witness the job skills that 
                will be required for youth to obtain employment upon 
                graduation;
                    ``(C) assistance with homework assignments; and
                    ``(D) exposure to experiences that youth might not 
                otherwise encounter;
            ``(5) an assurance that projects operated in elementary 
        schools will provide youth with--
                    ``(A) academic assistance;
                    ``(B) exposure to new experiences and activities 
                that youth might not encounter on their own; and
                    ``(C) emotional support;
            ``(6) an assurance that projects will be monitored to 
        ensure that each youth benefits from a mentor relationship, 
        with provision for a new mentor assignment if the relationship 
        is not beneficial to the youth;
            ``(7) the method by which mentors and youth will be 
        recruited to the project;
            ``(8) the method by which prospective mentors will be 
        screened; and
            ``(9) the training that will be provided to mentors.

``SEC. 278. GRANT CYCLES.

    ``Each grant under this part shall be made for a 3-year period.

``SEC. 279. FAMILY MENTORING PROGRAM.

    ``(a) Definitions.--In this section--
            ``(1) the term `cooperative extension services' has the 
        meaning given that term in section 1404 of the National 
        Agricultural Research, Extension, and Teaching Policy Act of 
        1977 (7 U.S.C. 3103);
            ``(2) the term `family mentoring program' means a mentoring 
        program that--
                    ``(A) utilizes a 2-tier mentoring approach that 
                uses college age or young adult mentors working 
                directly with at-risk youth and uses retirement-age 
                couples working with the parents and siblings of at-
                risk youth; and
                    ``(B) has a local advisory board to provide 
                direction and advice to program administrators; and
            ``(3) the term `qualified cooperative extension service' 
        means a cooperative extension service that has established a 
        family mentoring program, as of the date of enactment of the 
        Violent and Repeat Juvenile Offender Accountability and 
        Rehabilitation Act of 1999.
    ``(b) Model Program.--The Administrator, in cooperation with the 
Secretary of Agriculture, shall make a grant to a qualified cooperative 
extension service for the purpose of expanding and replicating family 
mentoring programs to reduce the incidence of juvenile crime and 
delinquency among at-risk youth.
    ``(c) Establishment of New Family Mentoring Programs.--
            ``(1) In general.--The Administrator, in cooperation with 
        the Secretary of Agriculture, may make 1 or more grants to 
        cooperative extension services for the purpose of establishing 
        family mentoring programs to reduce the incidence of juvenile 
        crime and delinquency among at-risk youth.
            ``(2) Matching requirement and source of matching funds.--
                    ``(A) In general.--The amount of a grant under this 
                subsection may not exceed 35 percent of the total costs 
                of the program funded by the grant.
                    ``(B) Source of match.--Matching funds for grants 
                under this subsection may be derived from amounts made 
                available to a State under subsections (b) and (c) of 
                section 3 of the Smith-Lever Act (7 U.S.C. 343), except 
                that the total amount derived from Federal sources may 
                not exceed 70 percent of the total cost of the program 
                funded by the grant.

``SEC. 280. CAPACITY BUILDING.

    ``(a) Model Program.--The Administrator may make a grant to a 
qualified national organization with a proven history of providing one-
to-one services for the purpose of expanding and replicating capacity 
building programs to reduce the incidence of juvenile crime and 
delinquency among at-risk youth.
    ``(b) Establishment of New Capacity Building Programs.--
            ``(1) In general.--The Administrator may make one or more 
        grants to national organizations with proven histories of 
        providing one-to-one services for the purpose of expanding and 
        replicating capacity building programs to reduce the incidence 
        of juvenile crime and delinquency among at-risk youth.
            ``(2) Matching requirement and source of matching funds.--
                    ``(A) In general.--The amount of a grant under this 
                subsection may not exceed 50 percent of the total cost 
                of the programs funded by the grant.
                    ``(B) Source of match.--Matching funds for grants 
                under this subsection must be derived from a private 
                agency, institution or business.

                  ``PART G--ADMINISTRATIVE PROVISIONS

``SEC. 291. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) In General.--There is authorized to be appropriated to carry 
out this title, and to carry out part R of title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3796 et seq.), 
$1,100,000,000 for each of fiscal years 1999 through 2004.
    ``(b) Allocation of Appropriations.--Of the amount made available 
under subsection (a) for each fiscal year--
            ``(1) $500,000,000 shall be for programs under sections 
        1801 and 1803 of part R of title I of the Omnibus Crime Control 
        and Safe Streets Act of 1968 (42 U.S.C. 3796 et seq.), of which 
        $50,000,000 shall be for programs under section 1803;
            ``(2) $75,000,000 shall be for grants for juvenile criminal 
        history records upgrades pursuant to section 1802 of part R of 
        title I of the Omnibus Crime Control and Safe Streets Act of 
        1968 (42 U.S.C. 3796 et seq.);
            ``(3) $200,000,000 shall be for programs under section 205 
        of part A of this title;
            ``(4) $200,000,000 shall be for programs under part B of 
        this title;
            ``(5) $40,000,000 shall be for prevention programs under 
        part C of this title--
                    ``(A) of which $20,000,000 shall be for evaluation 
                research of primary, secondary, and tertiary juvenile 
                delinquency programs; and
                    ``(B) $2,000,000 shall be for the study required by 
                section 248;
            ``(6) $20,000,000 shall be for programs under parts D and E 
        of this title; and
            ``(7) $20,000,000 shall be for programs under part F of 
        this title, of which $3,000,000 shall be for programs under 
        section 279 and $3,000,000 for programs under section 280.
    ``(c) Source of Sums.--Amounts authorized to be appropriated 
pursuant to this section may be derived from the Violent Crime 
Reduction Trust Fund.
    ``(d) Administration and Operations.--There is authorized to be 
appropriated for the administration and operation of the Office of 
Juvenile Crime Control and Prevention such sums as may be necessary for 
each of fiscal years 1999 through 2004.
    ``(e) Availability of Funds.--Amounts made available pursuant to 
this section and allocated in accordance with this title in any fiscal 
year shall remain available until expended.

``SEC. 292. RELIGIOUS NONDISCRIMINATION; RESTRICTIONS ON USE OF 
              AMOUNTS; PENALTIES.

    ``(a) Religious Nondiscrimination.--The provisions of section 104 
of the Personal Responsibility and Work Opportunity Reconciliation Act 
of 1996 (42 U.S.C. 604a) shall apply to a State or local government 
exercising its authority to distribute grants to applicants under this 
title.
    ``(b) Restrictions on the Use of Amounts.--
            ``(1) Experimentation on individuals.--
                    ``(A) In general.--No amounts made available to 
                carry out this title may be used for any biomedical or 
                behavior control experimentation on individuals or any 
                research involving such experimentation.
                    ``(B) Definition of behavior control.--In this 
                paragraph, the term `behavior control'--
                            ``(i) means any experimentation or research 
                        employing methods that--
                                    ``(I) involve a substantial risk of 
                                physical or psychological harm to the 
                                individual subject; and
                                    ``(II) are intended to modify or 
                                alter criminal and other antisocial 
                                behavior, including aversive 
                                conditioning therapy, drug therapy, 
                                chemotherapy (except as part of routine 
                                clinical care), physical therapy of 
                                mental disorders, electroconvulsive 
                                therapy, or physical punishment; and
                            ``(ii) does not include a limited class of 
                        programs generally recognized as involving no 
                        such risk, including methadone maintenance and 
                        certain substance abuse treatment programs, 
                        psychological counseling, parent training, 
                        behavior contracting, survival skills training, 
                        restitution, or community service, if 
                        safeguards are established for the informed 
                        consent of subjects (including parents or 
                        guardians of minors).
            ``(2) Prohibition against private agency use of amounts in 
        construction.--
                    ``(A) In general.--No amount made available to any 
                private agency or institution, or to any individual, 
                under this title (either directly or through a State 
                office) may be used for construction.
                    ``(B) Exception.--The restriction in clause (i) 
                shall not apply to any juvenile program in which 
                training or experience in construction or renovation is 
                used as a method of juvenile accountability or 
                rehabilitation.
            ``(3) Lobbying.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), no amount made available under this 
                title to any public or private agency, organization or 
                institution, or to any individual shall be used to pay 
                for any personal service, advertisement, telegram, 
                telephone communication, letter, printed or written 
                matter, or other device intended or designed to 
                influence a Member of Congress or any other Federal, 
                State, or local elected official to favor or oppose any 
                Act, bill, resolution, or other legislation, or any 
                referendum, initiative, constitutional amendment, or 
                any other procedure of Congress, any State legislature, 
                any local council, or any similar governing body.
                    ``(B) Exception.--This paragraph does not preclude 
                the use of amounts made available under this title in 
                connection with communications to Federal, State, or 
                local elected officials, upon the request of such 
                officials through proper official channels, pertaining 
                to authorization, appropriation, or oversight measures 
                directly affecting the operation of the program 
                involved.
            ``(4) Legal action.--No amounts made available under this 
        title to any public or private agency, organization, 
        institution, or to any individual, shall be used in any way 
        directly or indirectly to file an action or otherwise take any 
        legal action against any Federal, State, or local agency, 
        institution, or employee.
    ``(c) Penalties.--
            ``(1) In general.--If any amounts are used for the purposes 
        prohibited in either paragraph (3) or (4) of subsection (b), or 
        in violation of subsection (a)--
                    ``(A) funding for the agency, organization, 
                institution, or individual at issue shall be 
                immediately discontinued in whole or in part; and
                    ``(B) the agency, organization, institution, or 
                individual using amounts for the purpose prohibited in 
                paragraph (3) or (4) of subsection (b), or in violation 
                of subsection (a), shall be liable for reimbursement of 
                all amounts granted to the individual or entity for the 
                fiscal year for which the amounts were granted.
            ``(2) Liability for expenses and damages.--In relation to a 
        violation of subsection (b)(4), the individual filing the 
        lawsuit or responsible for taking the legal action against the 
        Federal, State, or local agency or institution, or individual 
        working for the Government, shall be individually liable for 
        all legal expenses and any other expenses of the Government 
        agency, institution, or individual working for the Government, 
        including damages assessed by the jury against the Government 
        agency, institution, or individual working for the Government, 
        and any punitive damages.

``SEC. 293. ADMINISTRATIVE PROVISIONS.

    ``(a) Authority of Administrator.--The Office shall be administered 
by the Administrator under the general authority of the Attorney 
General.
    ``(b) Applicability of Certain Crime Control Provisions.--Sections 
809(c), 811(a), 811(b), 811(c), 812(a), 812(b), and 812(d) of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3789d(c), 
3789f(a), 3789f(b), 3789f(c), 3789g(a), 3789g(b), 3789g(d)) shall apply 
with respect to the administration of and compliance with this title, 
except that for purposes of this Act--
            ``(1) any reference to the Office of Justice Programs in 
        such sections shall be considered to be a reference to the 
        Assistant Attorney General who heads the Office of Justice 
        Programs; and
            ``(2) the term `this title' as it appears in such sections 
        shall be considered to be a reference to this title.
    ``(c) Applicability of Certain Other Crime Control Provisions.--
Sections 801(a), 801(c), and 806 of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3711(a), 3711(c), and 3787) shall apply 
with respect to the administration of and compliance with this title, 
except that, for purposes of this title--
            ``(1) any reference to the Attorney General, the Assistant 
        Attorney General who heads the Office of Justice Programs, the 
        Director of the National Institute of Justice, the Director of 
        the Bureau of Justice Statistics, or the Director of the Bureau 
        of Justice Assistance shall be considered to be a reference to 
        the Administrator;
            ``(2) any reference to the Office of Justice Programs, the 
        Bureau of Justice Assistance, the National Institute of 
        Justice, or the Bureau of Justice Statistics shall be 
        considered to be a reference to the Office of Juvenile Crime 
        Control and Prevention; and
            ``(3) the term `this title' as it appears in those sections 
        shall be considered to be a reference to this title.
    ``(d) Rules, Regulations, and Procedures.--The Administrator may, 
after appropriate consultation with representatives of States and units 
of local government, and an opportunity for notice and comment in 
accordance with subchapter II of chapter 5 of title 5, United States 
Code, establish such rules, regulations, and procedures as are 
necessary for the exercise of the functions of the Office and as are 
consistent with the purpose of this Act.
    ``(e) Withholding.--The Administrator shall initiate such 
proceedings as the Administrator determines to be appropriate if the 
Administrator, after giving reasonable notice and opportunity for 
hearing to a recipient of financial assistance under this title, finds 
that--
            ``(1) the program or activity for which the grant or 
        contract involved was made has been so changed that the program 
        or activity no longer complies with this title; or
            ``(2) in the operation of such program or activity there is 
        failure to comply substantially with any provision of this 
        title.''.
    (b) Repeal.--Title V of the Juvenile Justice and Delinquency 
Prevention Act of 1974 (42 U.S.C. 5781 et seq.) is repealed.

SEC. 303. RUNAWAY AND HOMELESS YOUTH.

    (a) Findings.--Section 302 of the Runaway and Homeless Youth Act 
(42 U.S.C. 5701) is amended--
            (1) in paragraph (5), by striking ``accurate reporting of 
        the problem nationally and to develop'' and inserting ``an 
        accurate national reporting system to report the problem, and 
        to assist in the development of''; and
            (2) by striking paragraph (8) and inserting the following:
            ``(8) services for runaway and homeless youth are needed in 
        urban, suburban, and rural areas;''.
    (b) Authority To Make Grants for Centers and Services.--Section 311 
of the Runaway and Homeless Youth Act (42 U.S.C. 5711) is amended--
            (1) by striking subsection (a) and inserting the following:
    ``(a) Grants for Centers and Services.--
            ``(1) In general.--The Secretary shall make grants to 
        public and nonprofit private entities (and combinations of such 
        entities) to establish and operate (including renovation) local 
        centers to provide services for runaway and homeless youth and 
        for the families of such youth.
            ``(2) Services provided.--Services provided under paragraph 
        (1)--
                    ``(A) shall be provided as an alternative to 
                involving runaway and homeless youth in the law 
                enforcement, child welfare, mental health, and juvenile 
                justice systems;
                    ``(B) shall include--
                            ``(i) safe and appropriate shelter; and
                            ``(ii) individual, family, and group 
                        counseling, as appropriate; and
                    ``(C) may include--
                            ``(i) street-based services;
                            ``(ii) home-based services for families 
                        with youth at risk of separation from the 
                        family; and
                            ``(iii) drug abuse education and prevention 
                        services.'';
            (2) in subsection (b)(2), by striking ``the Trust Territory 
        of the Pacific Islands,''; and
            (3) by striking subsections (c) and (d).
    (c) Eligibility.--Section 312 of the Runaway and Homeless Youth Act 
(42 U.S.C. 5712) is amended--
            (1) in subsection (b)--
                    (A) in paragraph (8), by striking ``paragraph (6)'' 
                and inserting ``paragraph (7)'';
                    (B) in paragraph (10), by striking ``and'' at the 
                end;
                    (C) in paragraph (11), by striking the period at 
                the end and inserting ``; and''; and
                    (D) by adding at the end the following:
            ``(12) shall submit to the Secretary an annual report that 
        includes, with respect to the year for which the report is 
        submitted--
                    ``(A) information regarding the activities carried 
                out under this part;
                    ``(B) the achievements of the project under this 
                part carried out by the applicant; and
                    ``(C) statistical summaries describing--
                            ``(i) the number and the characteristics of 
                        the runaway and homeless youth, and youth at 
                        risk of family separation, who participate in 
                        the project; and
                            ``(ii) the services provided to such youth 
                        by the project.''; and
            (2) by striking subsections (c) and (d) and inserting the 
        following:
    ``(c) Applicants Providing Street-Based Services.--To be eligible 
to use assistance under section 311(a)(2)(C)(i) to provide street-based 
services, the applicant shall include in the plan required by 
subsection (b) assurances that in providing such services the applicant 
will--
            ``(1) provide qualified supervision of staff, including on-
        street supervision by appropriately trained staff;
            ``(2) provide backup personnel for on-street staff;
            ``(3) provide initial and periodic training of staff who 
        provide such services; and
            ``(4) conduct outreach activities for runaway and homeless 
        youth, and street youth.
    ``(d) Applicants Providing Home-Based Services.--To be eligible to 
use assistance under section 311(a) to provide home-based services 
described in section 311(a)(2)(C)(ii), an applicant shall include in 
the plan required by subsection (b) assurances that in providing such 
services the applicant will--
            ``(1) provide counseling and information to youth and the 
        families (including unrelated individuals in the family 
        households) of such youth, including services relating to basic 
        life skills, interpersonal skill building, educational 
        advancement, job attainment skills, mental and physical health 
        care, parenting skills, financial planning, and referral to 
        sources of other needed services;
            ``(2) provide directly, or through an arrangement made by 
        the applicant, 24-hour service to respond to family crises 
        (including immediate access to temporary shelter for runaway 
        and homeless youth, and youth at risk of separation from the 
        family);
            ``(3) establish, in partnership with the families of 
        runaway and homeless youth, and youth at risk of separation 
        from the family, objectives and measures of success to be 
        achieved as a result of receiving home-based services;
            ``(4) provide initial and periodic training of staff who 
        provide home-based services; and
            ``(5) ensure that--
                    ``(A) caseloads will remain sufficiently low to 
                allow for intensive (5 to 20 hours per week) 
                involvement with each family receiving such services; 
                and
                    ``(B) staff providing such services will receive 
                qualified supervision.
    ``(e) Applicants Providing Drug Abuse Education and Prevention 
Services.--To be eligible to use assistance under section 
311(a)(2)(C)(iii) to provide drug abuse education and prevention 
services, an applicant shall include in the plan required by subsection 
(b)--
            ``(1) a description of--
                    ``(A) the types of such services that the applicant 
                proposes to provide;
                    ``(B) the objectives of such services; and
                    ``(C) the types of information and training to be 
                provided to individuals providing such services to 
                runaway and homeless youth; and
            ``(2) an assurance that in providing such services the 
        applicant shall conduct outreach activities for runaway and 
        homeless youth.''.
    (d) Approval of Applications.--Section 313 of the Runaway and 
Homeless Youth Act (42 U.S.C. 5713) is amended to read as follows:

``SEC. 313. APPROVAL OF APPLICATIONS.

    ``(a) In General.--An application by a public or private entity for 
a grant under section 311(a) may be approved by the Secretary after 
taking into consideration, with respect to the State in which such 
entity proposes to provide services under this part--
            ``(1) the geographical distribution in such State of the 
        proposed services under this part for which all grant 
        applicants request approval; and
            ``(2) which areas of such State have the greatest need for 
        such services.
    ``(b) Priority.--In selecting applications for grants under section 
311(a), the Secretary shall give priority to--
            ``(1) eligible applicants who have demonstrated experience 
        in providing services to runaway and homeless youth; and
            ``(2) eligible applicants that request grants of less than 
        $200,000.''.
    (e) Authority for Transitional Living Grant Program.--Section 321 
of the Runaway and Homeless Youth Act (42 U.S.C. 5714-1) is amended--
            (1) in the section heading, by striking ``purpose and'';
            (2) in subsection (a), by striking ``(a)''; and
            (3) by striking subsection (b).
    (f) Eligibility.--Section 322(a)(9) of the Runaway and Homeless 
Youth Act (42 U.S.C. 5714-2(a)(9)) is amended by inserting ``, and the 
services provided to such youth by such project,'' after ``such 
project''.
    (g) Coordination.--Section 341 of the Runaway and Homeless Youth 
Act (42 U.S.C. 5714-21) is amended to read as follows:

``SEC. 341. COORDINATION.

    ``With respect to matters relating to the health, education, 
employment, and housing of runaway and homeless youth, the Secretary--
            ``(1) in conjunction with the Attorney General, shall 
        coordinate the activities of agencies of the Department of 
        Health and Human Services with activities under any other 
        Federal juvenile crime control, prevention, and juvenile 
        offender accountability program and with the activities of 
        other Federal entities; and
            ``(2) shall coordinate the activities of agencies of the 
        Department of Health and Human Services with the activities of 
        other Federal entities and with the activities of entities that 
        are eligible to receive grants under this title.''.
    (h) Authority To Make Grants for Research, Evaluation, 
Demonstration, and Service Projects.--Section 343 of the Runaway and 
Homeless Youth Act (42 U.S.C. 5714-23) is amended--
            (1) in the section heading, by inserting ``evaluation,'' 
        after ``research,'';
            (2) in subsection (a), by inserting ``evaluation,'' after 
        ``research,''; and
            (3) in subsection (b)--
                    (A) by striking paragraph (2); and
                    (B) by redesignating paragraphs (3) through (10) as 
                paragraphs (2) through (9), respectively.
    (i) Assistance to Potential Grantees.--Section 371 of the Runaway 
and Homeless Youth Act (42 U.S.C. 5714a) is amended by striking the 
last sentence.
    (j) Reports.--Section 381 of the Runaway and Homeless Youth Act (42 
U.S.C. 5715) is amended to read as follows:

``SEC. 381. REPORTS.

    ``(a) In General.--Not later than April 1, 2000, and biennially 
thereafter, the Secretary shall submit, to the Committee on Education 
and the Workforce of the House of Representatives and the Committee on 
the Judiciary of the Senate, a report on the status, activities, and 
accomplishments of entities that receive grants under parts A, B, C, D, 
and E, with particular attention to--
            ``(1) in the case of centers funded under part A, the 
        ability or effectiveness of such centers in--
                    ``(A) alleviating the problems of runaway and 
                homeless youth;
                    ``(B) if applicable or appropriate, reuniting such 
                youth with their families and encouraging the 
                resolution of intrafamily problems through counseling 
                and other services;
                    ``(C) strengthening family relationships and 
                encouraging stable living conditions for such youth; 
                and
                    ``(D) assisting such youth to decide upon a future 
                course of action; and
            ``(2) in the case of projects funded under part B--
                    ``(A) the number and characteristics of homeless 
                youth served by such projects;
                    ``(B) the types of activities carried out by such 
                projects;
                    ``(C) the effectiveness of such projects in 
                alleviating the problems of homeless youth;
                    ``(D) the effectiveness of such projects in 
                preparing homeless youth for self-sufficiency;
                    ``(E) the effectiveness of such projects in 
                assisting homeless youth to decide upon future 
                education, employment, and independent living;
                    ``(F) the ability of such projects to encourage the 
                resolution of intrafamily problems through counseling 
                and development of self-sufficient living skills; and
                    ``(G) activities and programs planned by such 
                projects for the following fiscal year.
    ``(b) Contents of Reports.--The Secretary shall include in each 
report submitted under subsection (a), summaries of--
            ``(1) the evaluations performed by the Secretary under 
        section 386; and
            ``(2) descriptions of the qualifications of, and training 
        provided to, individuals involved in carrying out such 
        evaluations.''.
    (k) Evaluation.--Section 384 of the Runaway and Homeless Youth Act 
(42 U.S.C. 5732) is amended to read as follows:

``SEC. 386. EVALUATION AND INFORMATION.

    ``(a) In General.--If a grantee receives grants for 3 consecutive 
fiscal years under part A, B, C, D, or E (in the alternative), then the 
Secretary shall evaluate such grantee on-site, not less frequently than 
once in the period of such 3 consecutive fiscal years, for purposes 
of--
            ``(1) determining whether such grants are being used for 
        the purposes for which such grants are made by the Secretary;
            ``(2) collecting additional information for the report 
        required by section 383; and
            ``(3) providing such information and assistance to such 
        grantee as will enable such grantee to improve the operation of 
        the centers, projects, and activities for which such grants are 
        made.
    ``(b) Cooperation.--Recipients of grants under this title shall 
cooperate with the Secretary's efforts to carry out evaluations, and to 
collect information, under this title.''.
    (l) Authorization of Appropriations.--Section 385 of the Runaway 
and Homeless Youth Act (42 U.S.C. 5751) is amended to read as follows:

``SEC. 388. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) In General.--
            ``(1) Authorization.--There is authorized to be 
        appropriated to carry out this title (other than part E) such 
        sums as may be necessary for fiscal years 2000, 2001, 2002, 
        2003, and 2004.
            ``(2) Allocation.--
                    ``(A) Parts a and b.--From the amount appropriated 
                under paragraph (1) for a fiscal year, the Secretary 
                shall reserve not less than 90 percent to carry out 
                parts A and B.
                    ``(B) Part b.--Of the amount reserved under 
                subparagraph (A), not less than 20 percent, and not 
                more than 30 percent, shall be reserved to carry out 
                part B.
            ``(3) Parts c and d.--In each fiscal year, after reserving 
        the amounts required by paragraph (2), the Secretary shall use 
        the remaining amount (if any) to carry out parts C and D.
    ``(b) Separate Identification Required.--No funds appropriated to 
carry out this title may be combined with funds appropriated under any 
other Act if the purpose of combining such funds is to make a single 
discretionary grant, or a single discretionary payment, unless such 
funds are separately identified in all grants and contracts and are 
used for the purposes specified in this title.''.
    (m) Sexual Abuse Prevention Program.--
            (1) Authority for program.--The Runaway and Homeless Youth 
        Act (42 U.S.C. 5701 et seq.) is amended--
                    (A) by striking the heading for part F;
                    (B) by redesignating part E as part F; and
                    (C) by inserting after part D the following:

               ``PART E--SEXUAL ABUSE PREVENTION PROGRAM

``SEC. 351. AUTHORITY TO MAKE GRANTS.

    ``(a) In General.--The Secretary may make grants to nonprofit 
private agencies for the purpose of providing street-based services to 
runaway and homeless, and street youth, who have been subjected to, or 
are at risk of being subjected to, sexual abuse, prostitution, or 
sexual exploitation.
    ``(b) Priority.--In selecting applicants to receive grants under 
subsection (a), the Secretary shall give priority to nonprofit private 
agencies that have experience in providing services to runaway and 
homeless, and street youth.''.
            (2) Authorization of appropriations.--Section 388(a) of the 
        Runaway and Homeless Youth Act (42 U.S.C. 5751), as amended by 
        subsection (l) of this section, is amended by adding at the end 
        the following:
    ``(4) Part E.--There is authorized to be appropriated to carry out 
part E such sums as may be necessary for fiscal years 2000, 2001, 2002, 
2003, and 2004.''.
    (n) Definitions.--The Runaway and Homeless Youth Act (42 U.S.C. 
5701 et seq.) is amended by inserting after section 386, as amended by 
subsection (k) of this section, the following:

``SEC. 387. DEFINITIONS.

    ``In this title:
            ``(1) Drug abuse education and prevention services.--The 
        term `drug abuse education and prevention services'--
                    ``(A) means services to runaway and homeless youth 
                to prevent or reduce the illicit use of drugs by such 
                youth; and
                    ``(B) may include--
                            ``(i) individual, family, group, and peer 
                        counseling;
                            ``(ii) drop-in services;
                            ``(iii) assistance to runaway and homeless 
                        youth in rural areas (including the development 
                        of community support groups);
                            ``(iv) information and training relating to 
                        the illicit use of drugs by runaway and 
                        homeless youth, to individuals involved in 
                        providing services to such youth; and
                            ``(v) activities to improve the 
                        availability of local drug abuse prevention 
                        services to runaway and homeless youth.
            ``(2) Home-based services.--The term `home-based 
        services'--
                    ``(A) means services provided to youth and their 
                families for the purpose of--
                            ``(i) preventing such youth from running 
                        away, or otherwise becoming separated, from 
                        their families; and
                            ``(ii) assisting runaway youth to return to 
                        their families; and
                    ``(B) includes services that are provided in the 
                residences of families (to the extent practicable), 
                including--
                            ``(i) intensive individual and family 
                        counseling; and
                            ``(ii) training relating to life skills and 
                        parenting.
            ``(3) Homeless youth.--The term `homeless youth' means an 
        individual--
                    ``(A) who is--
                            ``(i) not more than 21 years of age; and
                            ``(ii) for the purposes of part B, not less 
                        than 16 years of age;
                    ``(B) for whom it is not possible to live in a safe 
                environment with a relative; and
                    ``(C) who has no other safe alternative living 
                arrangement.
            ``(4) Street-based services.--The term `street-based 
        services'--
                    ``(A) means services provided to runaway and 
                homeless youth, and street youth, in areas where they 
                congregate, designed to assist such youth in making 
                healthy personal choices regarding where they live and 
                how they behave; and
                    ``(B) may include--
                            ``(i) identification of and outreach to 
                        runaway and homeless youth, and street youth;
                            ``(ii) crisis intervention and counseling;
                            ``(iii) information and referral for 
                        housing;
                            ``(iv) information and referral for 
                        transitional living and health care services;
                            ``(v) advocacy, education, and prevention 
                        services related to--
                                    ``(I) alcohol and drug abuse;
                                    ``(II) sexual exploitation;
                                    ``(III) sexually transmitted 
                                diseases, including human 
                                immunodeficiency virus (HIV); and
                                    ``(IV) physical and sexual assault.
            ``(5) Street youth.--The term `street youth' means an 
        individual who--
                    ``(A) is--
                            ``(i) a runaway youth; or
                            ``(ii) indefinitely or intermittently a 
                        homeless youth; and
                    ``(B) spends a significant amount of time on the 
                street or in other areas that increase the risk to such 
                youth for sexual abuse, sexual exploitation, 
                prostitution, or drug abuse.
            ``(6) Transitional living youth project.--The term 
        `transitional living youth project' means a project that 
        provides shelter and services designed to promote a transition 
        to self-sufficient living and to prevent long-term dependency 
        on social services.
            ``(7) Youth at risk of separation from the family.--The 
        term `youth at risk of separation from the family' means an 
        individual--
                    ``(A) who is less than 18 years of age; and
                    ``(B)(i) who has a history of running away from the 
                family of such individual;
                    ``(ii) whose parent, guardian, or custodian is not 
                willing to provide for the basic needs of such 
                individual; or
                    ``(iii) who is at risk of entering the child 
                welfare system or juvenile justice system as a result 
                of the lack of services available to the family to meet 
                such needs.''.
    (o) Redesignation of Sections.--Sections 371, 372, 381, 382, and 
383 of the Runaway and Homeless Youth Act (42 U.S.C. 5714b-5851 et 
seq.), as amended by this title, are redesignated as sections 381, 382, 
383, 384, and 385, respectively.
    (p) Technical Amendments.--The Runaway and Homeless Youth Act (42 
U.S.C. 5701 et seq.) is amended--
            (1) in section 331, in the first sentence, by striking 
        ``With'' and all that follows through ``the Secretary'', and 
        inserting ``The Secretary''; and
            (2) in section 344(a)(1), by striking ``With'' and all that 
        follows through ``the Secretary'', and inserting ``The 
        Secretary''.

SEC. 304. NATIONAL CENTER FOR MISSING AND EXPLOITED CHILDREN.

    (a) Findings.--Section 402 of the Missing Children's Assistance Act 
(42 U.S.C. 5771) is amended--
            (1) in paragraph (7), by striking ``and'' at the end;
            (2) in paragraph (8), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(9) for 14 years, the National Center for Missing and 
        Exploited Children has--
                    ``(A) served as the national resource center and 
                clearinghouse congressionally mandated under the 
                provisions of the Missing Children's Assistance Act of 
                1984; and
                    ``(B) worked in partnership with the Department of 
                Justice, the Federal Bureau of Investigation, the 
                Department of the Treasury, the Department of State, 
                and many other agencies in the effort to find missing 
                children and prevent child victimization;
            ``(10) Congress has given the Center, which is a private 
        non-profit corporation, access to the National Crime 
        Information Center of the Federal Bureau of Investigation, and 
        the National Law Enforcement Telecommunications System;
            ``(11) since 1987, the Center has operated the National 
        Child Pornography Tipline, in conjunction with the United 
        States Customs Service and the United States Postal Inspection 
        Service and, beginning this year, the Center established a new 
        CyberTipline on child exploitation, thus becoming `the 911 for 
        the Internet';
            ``(12) in light of statistics that time is of the essence 
        in cases of child abduction, the Director of the Federal Bureau 
        of Investigation in February of 1997 created a new NCIC child 
        abduction (`CA') flag to provide the Center immediate 
        notification in the most serious cases, resulting in 642 `CA' 
        notifications to the Center and helping the Center to have its 
        highest recovery rate in history;
            ``(13) the Center has established a national and 
        increasingly worldwide network, linking the Center online with 
        each of the missing children clearinghouses operated by the 50 
        States, the District of Columbia, and Puerto Rico, as well as 
        with Scotland Yard in the United Kingdom, the Royal Canadian 
        Mounted Police, INTERPOL headquarters in Lyon, France, and 
        others, which has enabled the Center to transmit images and 
        information regarding missing children to law enforcement 
        across the United States and around the world instantly;
            ``(14) from its inception in 1984 through March 31, 1998, 
        the Center has--
                    ``(A) handled 1,203,974 calls through its 24-hour 
                toll-free hotline (1-800-THE-LOST) and currently 
                averages 700 calls per day;
                    ``(B) trained 146,284 law enforcement, criminal and 
                juvenile justice, and healthcare professionals in child 
                sexual exploitation and missing child case detection, 
                identification, investigation, and prevention;
                    ``(C) disseminated 15,491,344 free publications to 
                citizens and professionals; and
                    ``(D) worked with law enforcement on the cases of 
                59,481 missing children, resulting in the recovery of 
                40,180 children;
            ``(15) the demand for the services of the Center is growing 
        dramatically, as evidenced by the fact that in 1997, the Center 
        handled 129,100 calls, an all-time record, and by the fact that 
        its new Internet website (www.missingkids.com) receives 
        1,500,000 `hits' every day, and is linked with hundreds of 
        other websites to provide real-time images of breaking cases of 
        missing children;
            ``(16) in 1997, the Center provided policy training to 256 
        police chiefs and sheriffs from 50 States and Guam at its new 
        Jimmy Ryce Law Enforcement Training Center;
            ``(17) the programs of the Center have had a remarkable 
        impact, such as in the fight against infant abductions in 
        partnership with the healthcare industry, during which the 
        Center has performed 668 onsite hospital walk-throughs and 
        inspections, and trained 45,065 hospital administrators, 
        nurses, and security personnel, and thereby helped to reduce 
        infant abductions in the United States by 82 percent;
            ``(18) the Center is now playing a significant role in 
        international child abduction cases, serving as a 
        representative of the Department of State at cases under The 
        Hague Convention, and successfully resolving the cases of 343 
        international child abductions, and providing greater support 
        to parents in the United States;
            ``(19) the Center is a model of public/private partnership, 
        raising private sector funds to match congressional 
        appropriations and receiving extensive private in-kind support, 
        including advanced technology provided by the computer industry 
        such as imaging technology used to age the photographs of long-
        term missing children and to reconstruct facial images of 
        unidentified deceased children;
            ``(20) the Center was 1 of only 10 of 300 major national 
        charities given an A+ grade in 1997 by the American Institute 
        of Philanthropy; and
            ``(21) the Center has been redesignated as the Nation's 
        missing children clearinghouse and resource center once every 3 
        years through a competitive selection process conducted by the 
        Office of Juvenile Justice and Delinquency Prevention of the 
        Department of Justice, and has received grants from that Office 
        to conduct the crucial purposes of the Center.''.
    (b) Definitions.--Section 403 of the Missing Children's Assistance 
Act (42 U.S.C. 5772) is amended--
            (1) in paragraph (1), by striking ``and'' at the end;
            (2) in paragraph (2), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(3) the term `Center' means the National Center for 
        Missing and Exploited Children.''.
    (c) Duties and Functions of the Administrator.--Section 404 of the 
Missing Children's Assistance Act (42 U.S.C. 5773) is amended--
            (1) by redesignating subsection (c) as subsection (d); and
            (2) by striking subsection (b) and inserting the following:
    ``(b) Annual Grant to National Center for Missing and Exploited 
Children.--
            ``(1) In general.--The Administrator shall annually make a 
        grant to the Center, which shall be used to--
                    ``(A)(i) operate a national 24-hour toll-free 
                telephone line by which individuals may report 
                information regarding the location of any missing 
                child, or other child 13 years of age or younger whose 
                whereabouts are unknown to such child's legal 
                custodian, and request information pertaining to 
                procedures necessary to reunite such child with such 
                child's legal custodian; and
                    ``(ii) coordinate the operation of such telephone 
                line with the operation of the national communications 
                system referred to in part C of the Runaway and 
                Homeless Youth Act (42 U.S.C. 5714-11);
                    ``(B) operate the official national resource center 
                and information clearinghouse for missing and exploited 
                children;
                    ``(C) provide to State and local governments, 
                public and private nonprofit agencies, and individuals, 
                information regarding--
                            ``(i) free or low-cost legal, restaurant, 
                        lodging, and transportation services that are 
                        available for the benefit of missing and 
                        exploited children and their families; and
                            ``(ii) the existence and nature of programs 
                        being carried out by Federal agencies to assist 
                        missing and exploited children and their 
                        families;
                    ``(D) coordinate public and private programs that 
                locate, recover, or reunite missing children with their 
                families;
                    ``(E) disseminate, on a national basis, information 
                relating to innovative and model programs, services, 
                and legislation that benefit missing and exploited 
                children;
                    ``(F) provide technical assistance and training to 
                law enforcement agencies, State and local governments, 
                elements of the criminal justice system, public and 
                private nonprofit agencies, and individuals in the 
                prevention, investigation, prosecution, and treatment 
                of cases involving missing and exploited children; and
                    ``(G) provide assistance to families and law 
                enforcement agencies in locating and recovering missing 
                and exploited children, both nationally and 
                internationally.
            ``(2) Authorization of appropriations.--There is authorized 
        to be appropriated to the Administrator to carry out this 
        subsection, $10,000,000 for each of fiscal years 2000, 2001, 
        2002, 2003, and 2004.
    ``(c) National Incidence Studies.--The Administrator, either by 
making grants to or entering into contracts with public agencies or 
nonprofit private agencies, shall--
            ``(1) periodically conduct national incidence studies to 
        determine for a given year the actual number of children 
        reported missing each year, the number of children who are 
        victims of abduction by strangers, the number of children who 
        are the victims of parental kidnapings, and the number of 
        children who are recovered each year; and
            ``(2) provide to State and local governments, public and 
        private nonprofit agencies, and individuals information to 
        facilitate the lawful use of school records and birth 
        certificates to identify and locate missing children.''.
    (d) National Center for Missing and Exploited Children.--Section 
405(a) of the Missing Children's Assistance Act (42 U.S.C. 5775(a)) is 
amended by inserting ``the Center and with'' before ``public 
agencies''.
    (e) Authorization of Appropriations.--Section 408 of the Missing 
Children's Assistance Act (42 U.S.C. 5777) is amended by striking 
``1997 through 2001'' and inserting ``2000 through 2004''.

SEC. 305. TRANSFER OF FUNCTIONS AND SAVINGS PROVISIONS.

    (a) Definitions.--In this section, unless otherwise provided or 
indicated by the context:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Office of Juvenile Crime Control and 
        Prevention established by operation of subsection (b).
            (2) Administrator of the office.--The term ``Administrator 
        of the Office'' means the Administrator of the Office of 
        Juvenile Justice and Delinquency Prevention.
            (3) Bureau of justice assistance.--The term ``Bureau of 
        Justice Assistance'' means the bureau established under section 
        401 of title I of the Omnibus Crime Control and Safe Streets 
        Act of 1968.
            (4) Federal agency.--The term ``Federal agency'' has the 
        meaning given the term ``agency'' by section 551(1) of title 5, 
        United States Code.
            (5) Function.--The term ``function'' means any duty, 
        obligation, power, authority, responsibility, right, privilege, 
        activity, or program.
            (6) Office of juvenile crime control and prevention.--The 
        term ``Office of Juvenile Crime Control and Prevention'' means 
        the office established by operation of subsection (b).
            (7) Office of juvenile justice and delinquency 
        prevention.--The term ``Office of Juvenile Justice and 
        Delinquency Prevention'' means the Office of Juvenile Justice 
        and Delinquency Prevention of the Department of Justice, 
        established by section 201 of the Juvenile Justice and 
        Delinquency Prevention Act of 1974, as in effect on the day 
        before the date of enactment of this Act.
            (8) Office.--The term ``office'' includes any office, 
        administration, agency, institute, unit, organizational entity, 
        or component thereof.
    (b) Transfer of Functions.--There are transferred to the Office of 
Juvenile Crime Control and Prevention all functions that the 
Administrator of the Office exercised before the date of enactment of 
this Act (including all related functions of any officer or employee of 
the Office of Juvenile Justice and Delinquency Prevention), and 
authorized after the date of enactment of this Act, relating to 
carrying out the Juvenile Justice and Delinquency Prevention Act of 
1974.
    (c) Transfer and Allocations of Appropriations and Personnel.--
            (1) In general.--Except as otherwise provided in this 
        section, the personnel employed in connection with, and the 
        assets, liabilities, contracts, property, records, and 
        unexpended balances of appropriations, authorizations, 
        allocations, and other amounts employed, used, held, arising 
        from, available to, or to be made available in connection with 
        the functions transferred by this section, subject to section 
        1531 of title 31, United States Code, shall be transferred to 
        the Office of Juvenile Crime Control and Prevention.
            (2) Unexpended amounts.--Any unexpended amounts transferred 
        pursuant to this subsection shall be used only for the purposes 
        for which the amounts were originally authorized and 
        appropriated.
    (d) Incidental Transfers.--
            (1) In general.--The Director of the Office of Management 
        and Budget, at such time or times as the Director of that 
        Office shall provide, may make such determinations as may be 
        necessary with regard to the functions transferred by this 
        section, and to make such additional incidental dispositions of 
        personnel, assets, liabilities, grants, contracts, property, 
        records, and unexpended balances of appropriations, 
        authorizations, allocations, and other amounts held, used, 
        arising from, available to, or to be made available in 
        connection with such functions, as may be necessary to carry 
        out this section.
            (2) Termination of affairs.--The Director of the Office of 
        Management and Budget shall provide for the termination of the 
        affairs of all entities terminated by this section and for such 
        further measures and dispositions as may be necessary to 
        effectuate the purposes of this section.
    (e) Effect on Personnel.--
            (1) In general.--Except as otherwise provided by this 
        section, the transfer pursuant to this section of full-time 
        personnel (except special Government employees) and part-time 
        personnel holding permanent positions shall not cause any such 
        employee to be separated or reduced in grade or compensation 
        for 1 year after the date of transfer of such employee under 
        this section.
            (2) Executive schedule positions.--Except as otherwise 
        provided in this section, any person who, on the day before the 
        date of enactment of this Act, held a position compensated in 
        accordance with the Executive Schedule prescribed in chapter 53 
        of title 5, United States Code, and who, without a break in 
        service, is appointed in the Office of Juvenile Crime Control 
        and Prevention to a position having duties comparable to the 
        duties performed immediately preceding such appointment shall 
        continue to be compensated in such new position at not less 
        than the rate provided for such previous position, for the 
        duration of the service of such person in such new position.
            (3) Transition rule.--The incumbent Administrator of the 
        Office as of the date immediately preceding the date of 
        enactment of this Act shall continue to serve as Administrator 
        after the date of enactment of this Act until such time as the 
        incumbent resigns, is relieved of duty by the President, or an 
        Administrator is appointed by the President, by and with the 
        advice and consent of the Senate.
    (f) Savings Provisions.--
            (1) Continuing effect of legal documents.--All orders, 
        determinations, rules, regulations, permits, agreements, 
        grants, contracts, certificates, licenses, registrations, 
        privileges, and other administrative actions--
                    (A) that have been issued, made, granted, or 
                allowed to become effective by the President, any 
                Federal agency or official thereof, or by a court of 
                competent jurisdiction, in the performance of functions 
                that are transferred under this section; and
                    (B) that are in effect at the time this section 
                takes effect, or were final before the date of 
                enactment of this Act and are to become effective on or 
                after the date of enactment of this Act, shall continue 
                in effect according to their terms until modified, 
                terminated, superseded, set aside, or revoked in 
                accordance with law by the President, the 
                Administrator, or other authorized official, a court of 
                competent jurisdiction, or by operation of law.
            (2) Proceedings not affected.--
                    (A) In general.--This section shall not affect any 
                proceedings, including notices of proposed rulemaking, 
                or any application for any license, permit, 
                certificate, or financial assistance pending before the 
                Office of Juvenile Justice and Delinquency Prevention 
                on the date on which this section takes effect, with 
                respect to functions transferred by this section but 
                such proceedings and applications shall be continued.
                    (B) Orders; appeals; payments.--Orders shall be 
                issued in such proceedings, appeals shall be taken 
                therefrom, and payments shall be made pursuant to such 
                orders, as if this section had not been enacted, and 
                orders issued in any such proceedings shall continue in 
                effect until modified, terminated, superseded, or 
                revoked by a duly authorized official, by a court of 
                competent jurisdiction, or by operation of law.
                    (C) Discontinuance or modification.--Nothing in 
                this paragraph shall be construed to prohibit the 
                discontinuance or modification of any such proceeding 
                under the same terms and conditions and to the same 
                extent that such proceeding could have been 
                discontinued or modified if this paragraph had not been 
                enacted.
            (3) Suits not affected.--This section shall not affect 
        suits commenced before the date of enactment of this Act, and 
        in all such suits, proceedings shall be had, appeals taken, and 
        judgments rendered in the same manner and with the same effect 
        as if this section had not been enacted.
            (4) Nonabatement of actions.--No suit, action, or other 
        proceeding commenced by or against the Office of Juvenile 
        Justice and Delinquency Prevention, or by or against any 
        individual in the official capacity of such individual as an 
        officer of the Office of Juvenile Justice and Delinquency 
        Prevention, shall abate by reason of the enactment of this 
        section.
            (5) Administrative actions relating to promulgation of 
        regulations.--Any administrative action relating to the 
        preparation or promulgation of a regulation by the Office of 
        Juvenile Justice and Delinquency Prevention relating to a 
        function transferred under this section may be continued, to 
        the extent authorized by this section, by the Office of 
        Juvenile Crime Control and Prevention with the same effect as 
        if this section had not been enacted.
            (6) Rule of construction.--Nothing in this subsection may 
        be construed to affect the authority under section 242A or 243 
        of the Juvenile Justice and Delinquency Prevention Act of 1974, 
        as amended by this Act.
    (g) Transition.--The Administrator may utilize--
            (1) the services of such officers, employees, and other 
        personnel of the Office of Juvenile Justice and Delinquency 
        Prevention with respect to functions transferred to the Office 
        of Juvenile Crime Control and Prevention by this section; and
            (2) amounts appropriated to such functions for such period 
        of time as may reasonably be needed to facilitate the orderly 
        implementation of this section.
    (h) References.--Reference in any other Federal law, Executive 
order, rule, regulation, or delegation of authority, or any document of 
or relating to--
            (1) the Administrator of the Office of Juvenile Justice and 
        Delinquency Prevention with regard to functions transferred by 
        operation of subsection (b), shall be considered to refer to 
        the Administrator of the Office of Juvenile Crime Control and 
        Prevention; and
            (2) the Office of Juvenile Justice and Delinquency 
        Prevention with regard to functions transferred by operation of 
        subsection (b), shall be considered to refer to the Office of 
        Juvenile Crime Control and Prevention.
    (i) Technical and Conforming Amendments.--
            (1) Section 5315 of title 5, United States Code, is amended 
        by striking ``Administrator, Office of Juvenile Justice and 
        Delinquency Prevention'' and inserting ``Administrator, Office 
        of Juvenile Crime Control and Prevention''.
            (2) Section 4351(b) of title 18, United States Code, is 
        amended by striking ``Office of Juvenile Justice and 
        Delinquency Prevention'' and inserting ``Office of Juvenile 
        Crime Control and Prevention''.
            (3) Subsections (a)(1) and (c) of section 3220 of title 39, 
        United States Code, are each amended by striking ``Office of 
        Juvenile Justice and Delinquency Prevention'' each place it 
        appears and inserting ``Office of Juvenile Crime Control and 
        Prevention''.
            (4) Section 463(f) of the Social Security Act (42 U.S.C. 
        663(f)) is amended by striking ``Office of Juvenile Justice and 
        Delinquency Prevention'' and inserting ``Office of Juvenile 
        Crime Control and Prevention''.
            (5) Sections 801(a), 804, 805, and 813 of title I of the 
        Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
        3712(a), 3782, 3785, 3786, 3789i) are amended by striking 
        ``Office of Juvenile Justice and Delinquency Prevention'' each 
        place it appears and inserting ``Office of Juvenile Crime 
        Control and Prevention''.
            (6) The Victims of Child Abuse Act of 1990 (42 U.S.C. 13001 
        et seq.) is amended--
                    (A) in section 214(b)(1) by striking ``262, 293, 
                and 296 of subpart II of title II'' and inserting 
                ``299B and 299E'';
                    (B) in section 214A(c)(1) by striking ``262, 293, 
                and 296 of subpart II of title II'' and inserting 
                ``299B and 299E'';
                    (C) in sections 217 and 222 by striking ``Office of 
                Juvenile Justice and Delinquency Prevention'' each 
                place it appears and inserting ``Office of Juvenile 
                Crime Control and Prevention''; and
                    (D) in section 223(c) by striking ``section 262, 
                293, and 296'' and inserting ``sections 262, 299B, and 
                299E''.
            (7) The Missing Children's Assistance Act (42 U.S.C. 5771 
        et seq.) is amended--
                    (A) in section 403(2) by striking ``Justice and 
                Delinquency Prevention'' and inserting ``Crime Control 
                and Delinquency Prevention''; and
                    (B) in subsections (a)(5)(E) and (b)(1)(B) of 
                section 404 by striking ``section 313'' and inserting 
                ``section 331''.
            (8) The Crime Control Act of 1990 (42 U.S.C. 13001 et seq.) 
        is amended--
                    (A) in section 217(c)(1) by striking ``sections 
                262, 293, and 296 of subpart II of title II'' and 
                inserting ``sections 299B and 299E''; and
                    (B) in section 223(c) by striking ``section 262, 
                293, and 296 of title II'' and inserting ``sections 
                299B and 299E''.
    (j) References.--In any Federal law (excluding this Act and the 
Acts amended by this Act), Executive order, rule, regulation, order, 
delegation of authority, grant, contract, suit, or document a reference 
to the Office of Juvenile Justice and Delinquency Prevention shall be 
deemed to include a reference to the Office of Juvenile Crime Control 
and Prevention.

Subtitle B--Accountability for Juvenile Offenders and Public Protection 
                            Incentive Grants

SEC. 321. BLOCK GRANT PROGRAM.

    (a) In General.--Part R of title I of the Omnibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 3796 et seq.) is amended to read as 
follows:

             ``PART R--JUVENILE ACCOUNTABILITY BLOCK GRANTS

``SEC. 1801. PROGRAM AUTHORIZED.

    ``(a) In General.--The Attorney General shall make, subject to the 
availability of appropriations, grants to States for use by States and 
units of local government in planning, establishing, operating, 
coordinating, and evaluating projects, directly or through grants and 
contracts with public and private agencies, for the development of more 
effective investigation, prosecution, and punishment (including the 
imposition of graduated sanctions) of crimes or acts of delinquency 
committed by juveniles, programs to improve the administration of 
justice for and ensure accountability by juvenile offenders, and 
programs to reduce the risk factors (such as truancy, drug or alcohol 
use, and gang involvement) associated with juvenile crime or 
delinquency.
    ``(b) Use of Grants.--Grants under this section may be used by 
States and units of local government--
            ``(1) for programs to enhance the identification, 
        investigation, prosecution, and punishment of juvenile 
        offenders, such as--
                    ``(A) the utilization of graduated sanctions;
                    ``(B) the utilization of short-term confinement of 
                juvenile offenders;
                    ``(C) the incarceration of violent juvenile 
                offenders for extended periods of time;
                    ``(D) the hiring of juvenile public defenders, 
                juvenile judges, juvenile probation officers, and 
                juvenile correctional officers to implement policies to 
                control juvenile crime and violence and ensure 
                accountability of juvenile offenders; and
                    ``(E) the development and implementation of 
                coordinated, multi-agency systems for--
                            ``(i) the comprehensive and coordinated 
                        booking, identification, and assessment of 
                        juveniles arrested or detained by law 
                        enforcement agencies, including the utilization 
                        of multi-agency facilities such as juvenile 
                        assessment centers; and
                            ``(ii) the coordinated delivery of support 
                        services for juveniles who have had or are at 
                        risk for contact with the juvenile or criminal 
                        systems, including utilization of court-
                        established local service delivery councils;
            ``(2) for programs that require juvenile offenders to make 
        restitution to the victims of offenses committed by those 
        juvenile offenders, including programs designed and operated to 
        further the goal of providing eligible offenders with an 
        alternative to adjudication that emphasizes restorative 
        justice;
            ``(3) for programs that require juvenile offenders to 
        attend and successfully complete school or vocational training 
        as part of a sentence imposed by a court;
            ``(4) for programs that require juvenile offenders who are 
        parents to demonstrate parental responsibility by working and 
        paying child support;
            ``(5) for programs that seek to curb or punish truancy;
            ``(6) for programs designed to collect, record, retain, and 
        disseminate information useful in the identification, 
        prosecution, and sentencing of juvenile offenders, such as 
        criminal history information, fingerprints, DNA tests, and 
        ballistics tests;
            ``(7) for the development and implementation of coordinated 
        multijurisdictional or multiagency programs for the 
        identification, control, supervision, prevention, 
        investigation, and treatment of the most serious juvenile 
        offenses and offenders, popularly known as a `SHOCAP Program' 
        (Serious Habitual Offenders Comprehensive Action Program);
            ``(8) for the development and implementation of coordinated 
        multijurisdictional or multiagency programs for the 
        identification, control, supervision, prevention, 
        investigation, and disruption of youth gangs;
            ``(9) for the construction or remodeling of short- and 
        long-term facilities for juvenile offenders;
            ``(10) for the development and implementation of 
        technology, equipment, training programs for juvenile crime 
        control, for law enforcement officers, judges, prosecutors, 
        probation officers, and other court personnel who are employed 
        by State and local governments, in furtherance of the purposes 
        identified in this section;
            ``(11) for partnerships between State educational agencies 
        and local educational agencies for the design and 
        implementation of character education and training programs 
        that incorporate the following elements of character: Caring, 
        citizenship, fairness, respect, responsibility and 
        trustworthiness;
            ``(12) for programs to seek to target, curb and punish 
        adults who knowingly and intentionally use a juvenile during 
        the commission or attempted commission of a crime, including 
        programs that specifically provide for additional punishments 
        or sentence enhancements for adults who knowingly and 
        intentionally use a juvenile during the commission or attempted 
        commission of a crime;
            ``(13) for juvenile prevention programs (including curfews, 
        youth organizations, anti-drug, and anti-alcohol programs, 
        anti-gang programs, and after school programs and activities);
            ``(14) for juvenile drug and alcohol treatment programs;
            ``(15) for school counseling and other school-base 
        prevention programs;
            ``(16) for programs that drug test juveniles who are 
        arrested, including follow-up testings; and
            ``(17) for programs for--
                    ``(A) providing cross-training, jointly with the 
                public mental health system, for State juvenile court 
                judges, public defenders, prosecutors, and mental 
                health and substance abuse agency representatives with 
                respect to the appropriate use of effective, community-
                based alternatives to juvenile justice or mental health 
                system institutional placements; or
                    ``(B) providing training for State juvenile 
                probation officers and community mental health and 
                substance abuse program representatives on appropriate 
                linkages between probation programs and mental health 
                community programs, specifically focusing on the 
                identification of mental disorders and substance abuse 
                addiction in juveniles on probation, effective 
                treatment interventions for those disorders, and making 
                appropriate contact with mental health and substance 
                abuse case managers and programs in the community, in 
                order to ensure that juveniles on probation receive 
                appropriate access to mental health and substance abuse 
                treatment programs and services.
    ``(c) Requirements.--To be eligible to receive an incentive grant 
under this section, a State shall submit to the Attorney General an 
application, in such form as shall be prescribed by the Attorney 
General, which shall contain assurances that, not later than 1 year 
after the date on which the State submits such application--
            ``(1) the State has established or will establish a system 
        of graduated sanctions for juvenile offenders that ensures 
        appropriate sanctions, which are graduated to reflect the 
        severity or repeated nature of violations, for each act of 
        delinquency;
            ``(2) the State has established or will establish a policy 
        of drug testing (including followup testing) juvenile offenders 
        upon their arrest for any offense within an appropriate 
        category of offenses designated by the chief executive officer 
        of the State; and
            ``(3) the State has an established policy recognizing the 
        rights and needs of victims of crimes committed by juveniles.
    ``(d) Allocation and Distribution of State Grants.--
            ``(1) In general.--
                    ``(A) State and local distribution.--Subject to 
                subparagraph (B), of amounts made available to the 
                State, 30 percent may be retained by the State for use 
                pursuant to paragraph (2) and 70 percent shall be 
                reserved by the State for local distribution pursuant 
                to paragraph (3).
                    ``(B) Special rule.--The Attorney General may waive 
                the requirements of this paragraph with respect to any 
                State in which the criminal and juvenile justice 
                services for delinquent or other youth are organized 
                primarily on a statewide basis, in which case not more 
                than 50 percent of funds shall be made available to all 
                units of local government in that State pursuant to 
                paragraph (3).
            ``(2) Other distribution.--Of amounts retained by the State 
        under paragraph (1)--
                    ``(A) not less than 50 percent shall be designated 
                for--
                            ``(i) programs pursuant to paragraph (1) or 
                        (9) of subsection (b), except that if the State 
                        designates any amounts for purposes of 
                        construction or remodeling of short- or long-
                        term facilities pursuant to subsection (b)(9), 
                        such amounts shall constitute not more than 50 
                        percent of the estimated construction or 
                        remodeling cost and that no funds expended 
                        pursuant to this subparagraph may be used for 
                        the incarceration of any offender who was more 
                        than 21 years of age at the time of the 
                        offense, and no funds expended pursuant to this 
                        subparagraph may be used for construction, 
                        renovation, or expansion of facilities for such 
                        offenders, except that funds may be used to 
                        construct juvenile facilities collocated with 
                        adult facilities; or
                            ``(ii) drug testing upon arrest for any 
                        offense within the category of offenses 
                        designated pursuant to subsection (c)(3), and 
                        intensive supervision thereafter pursuant to 
                        programs under subsection (b)(7) and subsection 
                        (c)(3); and
                    ``(B) not less than 25 percent shall be used for 
                the purposes set forth in paragraph (13), (14), or (15) 
                of subsection (b).
            ``(3) Local eligibility and distribution.--
                    ``(A) In general.--
                            ``(i) Local distribution subgrant 
                        eligibility.--To be eligible to receive a 
                        subgrant, a unit of local government shall 
                        provide such assurances to the State as the 
                        State shall require, that, to the maximum 
                        extent applicable, the unit of local government 
                        has laws or policies and programs that comply 
                        with the eligibility requirements of subsection 
                        (c).
                            ``(ii) Coordinated local effort.--Prior to 
                        receiving a grant under this section, a unit of 
                        local government shall certify that it has or 
                        will establish a coordinated enforcement plan 
                        for reducing juvenile crime within the 
                        jurisdiction of the unit of local government, 
                        developed by a juvenile crime enforcement 
                        coalition, such coalition consisting of 
                        individuals within the jurisdiction 
                        representing the police, sheriff, prosecutor, 
                        State or local probation services, juvenile 
                        court, schools, business, and religious 
                        affiliated, fraternal, nonprofit, or social 
                        service organizations involved in crime 
                        prevention.
                    ``(B) Special rule.--The requirements of 
                subparagraph (A) shall apply to an eligible unit that 
                receives funds from the Attorney General under 
                subparagraph (H), except that information that would 
                otherwise be submitted to the State shall be submitted 
                to the Attorney General.
                    ``(C) Local distribution.--From amounts reserved 
                for local distribution under paragraph (1), the State 
                shall allocate to such units of local government an 
                amount that bears the same ratio to the aggregate 
                amount of such funds as--
                            ``(i) the sum of--
                                    ``(I) the product of--
                                            ``(aa) two-thirds; 
                                        multiplied by
                                            ``(bb) the average law 
                                        enforcement expenditure for 
                                        such unit of local government 
                                        for the 3 most recent calendar 
                                        years for which such data is 
                                        available; plus
                                    ``(II) the product of--
                                            ``(aa) one-third; 
                                        multiplied by
                                            ``(bb) the average annual 
                                        number of part 1 violent crimes 
                                        in such unit of local 
                                        government for the 3 most 
                                        recent calendar years for which 
                                        such data is available, bears 
                                        to--
                            ``(ii) the sum of the products determined 
                        under subparagraph (A) for all such units of 
                        local government in the State.
                    ``(D) Expenditures.--The allocation any unit of 
                local government shall receive under paragraph (1) for 
                a payment period shall not exceed 100 percent of law 
                enforcement expenditures of the unit for such payment 
                period.
                    ``(E) Reallocation.--The amount of any unit of 
                local government's allocation that is not available to 
                such unit by operation of paragraph (2) shall be 
                available to other units of local government that are 
                not affected by such operation in accordance with this 
                subsection.
                    ``(F) Unavailability of data for units of local 
                government.--If the State has reason to believe that 
                the reported rate of part 1 violent crimes or law 
                enforcement expenditure for a unit of local government 
                is insufficient or inaccurate, the State shall--
                            ``(i) investigate the methodology used by 
                        the unit to determine the accuracy of the 
                        submitted data; and
                            ``(ii) if necessary, use the best available 
                        comparable data regarding the number of violent 
                        crimes or law enforcement expenditure for the 
                        relevant years for the unit of local 
                        government.
                    ``(G) Local government with allocations less than 
                $5,000.--If, under this section, a unit of local 
                government is allocated less than $5,000 for a payment 
                period, the amount allocated shall be expended by the 
                State on services to units of local government whose 
                allotment is less than such amount in a manner 
                consistent with this part.
                    ``(H) Direct grants to eligible units.--
                            ``(i) In general.--If a State does not 
                        qualify or apply for a grant under this 
                        section, by the application deadline 
                        established by the Attorney General, the 
                        Attorney General shall reserve not more than 70 
                        percent of the allocation that the State would 
                        have received for grants under this section 
                        under subsection (e) for such fiscal year to 
                        provide grants to eligible units that meet the 
                        requirements for funding under subparagraph 
                        (A).
                            ``(ii) Award basis.--In addition to the 
                        qualification requirements for direct grants 
                        for eligible units the Attorney General may use 
                        the average amount allocated by the States to 
                        like governmental units as a basis for awarding 
                        grants under this section.
                    ``(I) Allocation by units of local government.--Of 
                the total amount made available under this section to a 
                unit of local government for a fiscal year, not less 
                than 25 percent shall be used for the purposes set 
                forth in paragraph (13), (14), or (15) of subsection 
                (b), and not less than 50 percent shall be designated 
                for--
                            ``(i) paragraph (1) or (9) of subsection 
                        (b), except that, if amounts are allocated for 
                        purposes of construction or remodeling of 
                        short- or long-term facilities pursuant to 
                        subsection (b)(9)--
                                    ``(I) the unit of local government 
                                shall coordinate such expenditures with 
                                similar State expenditures;
                                    ``(II) Federal funds shall 
                                constitute not more than 50 percent of 
                                the estimated construction or 
                                remodeling cost; and
                                    ``(III) no funds expended pursuant 
                                to this clause may be used for the 
                                incarceration of any offender who was 
                                more than 21 years of age at the time 
                                of the offense or for construction, 
                                renovation, or expansion of facilities 
                                for such offenders, except that funds 
                                may be used to construct juvenile 
                                facilities collocated with adult 
                                facilities, including separate 
                                buildings for juveniles and separate 
                                juvenile wings, cells, or areas 
                                collocated within an adult jail or 
                                lockup; or
                            ``(ii) drug testing upon arrest for any 
                        offense within the category of offenses 
                        designated pursuant to subsection (c)(3), and 
                        intensive supervision thereafter pursuant to 
                        programs under subsection (b)(7) and subsection 
                        (c)(3).
            ``(4) Nonsupplantation.--Amounts made available under this 
        section to the States (or units of local government in the 
        State) shall not be used to supplant State or local funds (or 
        in the case of Indian tribal governments, to supplant amounts 
        provided by the Bureau of Indian Affairs) but shall be used to 
        increase the amount of funds that would in the absence of 
        amounts received under this section, be made available from a 
        State or local source, or in the case of Indian tribal 
        governments, from amounts provided by the Bureau of Indian 
        Affairs.
    ``(e) Allocation of Grants Among Qualifying States; Restrictions on 
Use.--
            ``(1) Allocation.--Amounts made available under this 
        section shall be allocated as follows:
                    ``(A) 0.5 percent shall be allocated to each 
                eligible State.
                    ``(B) The amount remaining after the allocation 
                under subparagraph (A) shall be allocated 
                proportionately based on the population that is less 
                than 18 years of age in the eligible States.
            ``(2) Restrictions on Use.--Amounts made available under 
        this section shall be subject to the restrictions of 
        subsections (a) and (b) of section 292 of the Juvenile Justice 
        and Delinquency Prevention Act of 1974, except that the 
        penalties in section 292(c) of such Act do not apply.
    ``(f) Grants to Indian Tribes.--
            ``(1) Reservation of funds.--Notwithstanding any other 
        provision of law, from the amounts appropriated pursuant to 
        section 291 of the Juvenile Justice and Delinquency Prevention 
        Act of 1974, for each fiscal year, the Attorney General shall 
        reserve an amount equal to the amount to which all Indian 
        tribes eligible to receive a grant under paragraph (3) would 
        collectively be entitled, if such tribes were collectively 
        treated as a State to carry out this subsection.
            ``(2) Grants to indian tribes.--From the amounts reserved 
        under paragraph (1), the Attorney General shall make grants to 
        Indian tribes for programs pursuant to the permissible purposes 
        under section 1801.
            ``(3) Applications.--To be eligible to receive a grant 
        under this subsection, an Indian tribe shall submit to the 
        Attorney General an application in such form and containing 
        such information as the Attorney General may by regulation 
        require. The requirements of subsection (c) apply to grants 
        under this subsection.

``SEC. 1802. JUVENILE CRIMINAL HISTORY GRANTS.

    ``(a) In General.--The Attorney General, through the Director of 
the Bureau of Justice Statistics and with consultation and coordination 
with the Office of Justice Programs and the Attorney General, upon 
application from a State (in such form and containing such information 
as the Attorney General may reasonably require) shall make a grant to 
each eligible State to be used by the State exclusively for purposes of 
meeting the eligibility requirements of subsection (b).
    ``(b) Eligibility.--A State is eligible for a grant under 
subsection (a) if its application provides assurances that, not later 
than 3 years after the date on which such application is submitted, the 
State will--
            ``(1) maintain, at the adult State central repository in 
        accordance with the State's established practices and policies 
        relating to adult criminal history records--
                    ``(A) a fingerprint supported record of the 
                adjudication of delinquency of any juvenile who commits 
                an act that, if committed by an adult, would constitute 
                the offense of murder, armed robbery, rape (except 
                statutory rape), or a felony offense involving sexual 
                molestation of a child, or a conspiracy or attempt to 
                commit any such offense (all as defined by State law), 
                that is equivalent to, and maintained and disseminated 
                in the same manner and for the same purposes as are 
                adult criminal history records for the same offenses, 
                except that the record may include a notation of 
                expungement pursuant to State law; and
                    ``(B) a fingerprint supported record of the 
                adjudication of delinquency of any juvenile who commits 
                an act that, if committed by an adult, would be a 
                felony other than a felony described in subparagraph 
                (A) that is equivalent to, and maintained and 
                disseminated in the same manner for any criminal 
                justice purpose as are adult criminal history records 
                for the same offenses, except that the record may 
                include a notation of expungement pursuant to State 
                law; and
            ``(2) will establish procedures by which an official of an 
        elementary, secondary, and post-secondary school may, in 
        appropriate circumstances (as defined by applicable State law), 
        gain access to the juvenile adjudication record of a student 
        enrolled at the school, or a juvenile who seeks, intends, or is 
        instructed to enroll at that school, if--
                    ``(A) the official is subject to the same standards 
                and penalties under applicable Federal and State law 
                relating to the handling and disclosure of information 
                contained in juvenile adjudication records as are 
                employees of law enforcement and juvenile justice 
                agencies in the State; and
                    ``(B) information contained in the juvenile 
                adjudication record may not be used for the purpose of 
                making an admission determination.
    ``(c) Validity of Certain Judgments.--Nothing in this section shall 
require States, in order to qualify for grants under this title, to 
modify laws concerning the status of any adjudication of juvenile 
delinquency or judgment of conviction under the law of the State that 
entered the judgment.
    ``(d) Definitions.--In this section--
            ``(1) the term `criminal justice purpose' means the use by 
        and within the criminal justice system for the detection, 
        apprehension, detention, pretrial release, post-trial release, 
        prosecution, adjudication, sentencing, disposition, 
        correctional supervision, or rehabilitation of accused persons, 
        criminal offenders, or juvenile delinquents; and
            ``(2) the term `expungement' means the nullification of the 
        legal effect of the conviction or adjudication to which the 
        record applies.

``SEC. 1803. GRANTS TO COURTS FOR STATE JUVENILE JUSTICE SYSTEMS.

    ``(a) In General.--The Attorney General may make grants in 
accordance with this section to States and units of local government to 
assist State and local courts with juvenile offender dockets.
    ``(b) Grant Purposes.--Grants under this section may be used--
            ``(1) for technology, equipment, and training for judges, 
        probation officers, and other court personnel to implement an 
        accountability-based juvenile justice system that provides 
        substantial and appropriate sanctions that are graduated in 
        such manner as to reflect (for each delinquent act or criminal 
        offense) the severity or repeated nature of that act or 
        offense;
            ``(2) to hire additional judges, probation officers, other 
        necessary court personnel, victims counselors, and public 
        defenders for juvenile courts or adult courts with juvenile 
        offender dockets, including courts with specialized juvenile 
        drug offense or juvenile firearms offense dockets to reduce 
        juvenile court backlogs, and provide additional services to 
        make more effective systems of graduated sanctions designed to 
        reduce recidivism and deter future crimes or delinquent acts by 
        juvenile offenders;
            ``(3) to provide funding to enable juvenile courts and 
        juvenile probation officers to address drug, gang, and youth 
        violence problems more effectively; and
            ``(4) to provide funds to--
                    ``(A) effectively supervise and monitor juvenile 
                offenders sentenced to probation or parole; and
                    ``(B) enforce conditions of probation and parole 
                imposed on juvenile offenders, including drug testing 
                and payment of restitution.
    ``(c) Application.--
            ``(1) In general.--Each State or unit of local government 
        that applies for a grant under this section shall submit an 
        application to the Attorney General, in such form and 
        containing such information as the Attorney General may 
        reasonably require.
            ``(2) Requirements.--In submitting an application for a 
        grant under this part, a State or unit of local government 
        shall provide assurances that the State or unit of local 
        government will--
                    ``(A) give priority to the prosecution of violent 
                juvenile offenders;
                    ``(B) seek to reduce any backlogs in juvenile 
                justice cases and provide additional services to make 
                more effective systems of graduated sanctions designed 
                to reduce recidivism and deter future crimes or 
                delinquent acts by juvenile offenders;
                    ``(C) give adequate consideration to the rights and 
                needs of victims of juvenile offenders; and
                    ``(D) use amounts received under this section to 
                supplement (and not supplant) State and local 
                resources.
    ``(d) Allocation of Grants.--
            ``(1) In general.--
                    ``(A) Allocation to states.--
                            ``(i) In general.--In awarding grants under 
                        this part, the Attorney General may award 
                        grants provided for a State (including units of 
                        local government in that State) an aggregate 
                        amount equal to 0.75 percent of the amount made 
                        available to the Attorney General by 
                        appropriations for this section made pursuant 
                        to section 291(b)(1) of the Juvenile Justice 
                        and Delinquency Prevention Act of 1974 (reduced 
                        by amounts reserved under subsection (e)).
                            ``(ii) Adjustment.--If the Attorney General 
                        determines that an insufficient number of 
                        applications have been submitted for a State, 
                        the Attorney General may adjust the aggregate 
                        amount awarded for a State under clause (i).
                    ``(B) Remaining amounts.--Of the adjusted amounts 
                available to the Attorney General to carry out the 
                grant program under this section referred to in 
                subparagraph (A) that remain after the Attorney General 
                distributes the amounts specified in that subparagraph 
                (referred to in this subparagraph as the `remaining 
                amount') the Attorney General may award an additional 
                aggregate amount to each State (including any political 
                subdivision thereof) that (or with respect to which a 
                political subdivision thereof) submits an application 
                that is approved by the Attorney General under this 
                section that bears the same ratio to the remaining 
                amount as the population of juveniles residing in that 
                State bears to the population of juveniles residing in 
                all States.
            ``(2) Equitable distribution.--The Attorney General shall 
        ensure that the distribution of grant amounts made available 
        for a State (including units of local government in that State) 
        under this section is made on an equitable geographic basis, to 
        ensure that--
                    ``(A) an equitable amount of available funds are 
                directed to rural areas, including those jurisdictions 
                serving smaller urban and rural communities located 
                along interstate transportation routes that are 
                adversely affected by interstate criminal gang 
                activity, such as illegal drug trafficking; and
                    ``(B) the amount allocated to a State is equitably 
                divided between the State, counties, and other units of 
                local government to reflect the relative 
                responsibilities of each such unit of local government.
    ``(e) Administration; Technical Assistance.--
            ``(1) In general.--The Attorney General may reserve for 
        each fiscal year not more than 2 percent of amounts 
        appropriated for this section pursuant to section 291(b)(1) of 
        the Juvenile Justice and Delinquency Prevention Act of 1974--
                    ``(A) for the administration of this section; and
                    ``(B) for the provision of technical assistance to 
                recipients of or applicants for grant awards under this 
                section.
            ``(2) Carryover provision.--Any amounts reserved for any 
        fiscal year pursuant to paragraph (1) that are not expended 
        during that fiscal year shall remain available until expended, 
        except that any amount reserved under this subsection for the 
        succeeding fiscal year from amounts made available by 
        appropriations shall be reduced by an amount equal to the 
        amount that remains available.
    ``(f) Availability of Funds.--Any grant amounts awarded under this 
section shall remain available until expended.''.

SEC. 322. PILOT PROGRAM TO PROMOTE REPLICATION OF RECENT SUCCESSFUL 
              JUVENILE CRIME REDUCTION STRATEGIES.

    (a) Pilot Program To Promote Replication of Recent Successful 
Juvenile Crime Reduction Strategies.--
            (1) Establishment.--The Attorney General (or a designee of 
        the Attorney General), in conjunction with the Secretary of the 
        Treasury (or the designee of the Secretary), shall establish a 
        pilot program (referred to in this section as the ``program'') 
        to encourage and support communities that adopt a comprehensive 
        approach to suppressing and preventing violent juvenile crime 
        patterned after successful State juvenile crime reduction 
        strategies.
            (2) Program.--In carrying out the program, the Attorney 
        General shall--
                    (A) make and track grants to grant recipients 
                (referred to in this section as ``coalitions'');
                    (B) in conjunction with the Secretary of the 
                Treasury, provide for technical assistance and 
                training, data collection, and dissemination of 
                relevant information; and
                    (C) provide for the general administration of the 
                program.
            (3) Administration.--Not later than 30 days after the date 
        of enactment of this Act, the Attorney General shall appoint or 
        designate an Administrator (referred to in this section as the 
        ``Administrator'') to carry out the program.
            (4) Program authorization.--To be eligible to receive an 
        initial grant or a renewal grant under this section, a 
        coalition shall meet each of the following criteria:
                    (A) Composition.--The coalition shall consist of 1 
                or more representatives of--
                            (i) the local police department or 
                        sheriff's department;
                            (ii) the local prosecutors' office;
                            (iii) the United States Attorney's office;
                            (iv) the Federal Bureau of Investigation;
                            (v) the Bureau of Alcohol, Tobacco and 
                        Firearms;
                            (vi) State or local probation officers;
                            (vii) religious affiliated or fraternal 
                        organizations involved in crime prevention;
                            (viii) schools;
                            (ix) parents or local grass roots 
                        organizations such as neighborhood watch 
                        groups;
                            (x) local recreation agencies; and
                            (xi) social service agencies involved in 
                        crime prevention.
                    (B) Other participants.--If possible, in addition 
                to the representatives from the categories listed in 
                subparagraph (A), the coalition shall include--
                            (i) representatives from the business 
                        community; and
                            (ii) researchers who have studied criminal 
                        justice and can offer technical or other 
                        assistance.
                    (C) Coordinated strategy.--A coalition shall submit 
                to the Attorney General, or the Attorney General's 
                designee, a comprehensive plan for reducing violent 
                juvenile crime. To be eligible for consideration, a 
                plan shall--
                            (i) ensure close collaboration among all 
                        members of the coalition in suppressing and 
                        preventing juvenile crime;
                            (ii) place heavy emphasis on coordinated 
                        enforcement initiatives, such as Federal and 
                        State programs that coordinate local police 
                        departments, prosecutors, and local community 
                        leaders to focus on the suppression of violent 
                        juvenile crime involving gangs;
                            (iii) ensure that there is close 
                        collaboration between police and probation 
                        officers in the supervision of juvenile 
                        offenders, such as initiatives that coordinate 
                        the efforts of parents, school officials, and 
                        police and probation officers to patrol the 
                        streets and make home visits to ensure that 
                        offenders comply with the terms of their 
                        probation;
                            (iv) ensure that a program is in place to 
                        trace all firearms seized from crime scenes or 
                        offenders in an effort to identify illegal gun 
                        traffickers; and
                            (v) ensure that effective crime prevention 
                        programs are in place, such as programs that 
                        provide after-school safe havens and other 
                        opportunities for at-risk youth to escape or 
                        avoid gang or other criminal activity, and to 
                        reduce recidivism.
                    (D) Accountability.--A coalition shall--
                            (i) establish a system to measure and 
                        report outcomes consistent with common 
                        indicators and evaluation protocols established 
                        by the Administrator and that receives the 
                        approval of the Administrator; and
                            (ii) devise a detailed model for measuring 
                        and evaluating the success of the plan of the 
                        coalition in reducing violent juvenile crime, 
                        and provide assurances that the plan will be 
                        evaluated on a regular basis to assess progress 
                        in reducing violent juvenile crime.
            (5) Grant amounts.--
                    (A) In general.--The Administrator may grant to an 
                eligible coalition under this paragraph, an amount not 
                to exceed the amount of non-Federal funds raised by the 
                coalition, including in-kind contributions, for that 
                fiscal year.
                    (B) Nonsupplanting requirement.--A coalition 
                seeking funds shall provide reasonable assurances that 
                funds made available under this program to States or 
                units of local government shall be so used as to 
                supplement and increase (but not supplant) the level of 
                the State, local, and other non-Federal funds that 
                would in the absence of such Federal funds be made 
                available for programs described in this section, and 
                shall in no event replace such State, local, or other 
                non-Federal funds.
                    (C) Suspension of grants.--If a coalition fails to 
                continue to meet the criteria set forth in this 
                section, the Administrator may suspend the grant, after 
                providing written notice to the grant recipient and an 
                opportunity to appeal.
                    (D) Renewal grants.--Subject to subparagraph (D), 
                the Administrator may award a renewal grant to grant 
                recipient under this subparagraph for each fiscal year 
                following the fiscal year for which an initial grant is 
                awarded, in an amount not to exceed the amount of non-
                Federal funds raised by the coalition, including in-
                kind contributions, for that fiscal year, during the 4-
                year period following the period of the initial grant.
                    (E) Limitation.--The amount of a grant award under 
                this section may not exceed $300,000 for a fiscal year.
            (6) Permitted use of funds.--A coalition receiving funds 
        under this section may expend such Federal funds on any use or 
        program that is contained in the plan submitted to the 
        Administrator.
            (7) Congressional consultation.--
                    (A) In general.--Two years after the date of 
                implementation of the program established in this 
                section, the Comptroller General of the United States 
                shall submit to Congress a report reviewing the 
                effectiveness of the program in suppressing and 
                reducing violent juvenile crime in the participating 
                communities.
                    (B) Contents of report.--The report submitted under 
                subparagraph (A) shall include--
                            (i) an analysis of each community 
                        participating in the program, along with 
                        information regarding the plan undertaken in 
                        the community, and the effectiveness of the 
                        plan in reducing violent juvenile crime; and
                            (ii) recommendations regarding the efficacy 
                        of continuing the program.
    (b) Information Collection and Dissemination With Respect to 
Coalitions.--
            (1) Coalition information.--For the purpose of audit and 
        examination, the Attorney General--
                    (A) shall have access to any books, documents, 
                papers, and records that are pertinent to any grant or 
                grant renewal request under this section; and
                    (B) may periodically request information from a 
                coalition to ensure that the coalition meets the 
                applicable criteria.
            (2) Reporting.--The Attorney General shall, to the maximum 
        extent practicable and in a manner consistent with applicable 
        law, minimize reporting requirements by a coalition and 
        expedite any application for a renewal grant made under this 
        section.
    (c) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated to 
        carry out this section $3,000,000 for each of fiscal years 2000 
        through 2003.
            (2) Source of sums.--Amounts authorized to be appropriated 
        pursuant to this subsection may be derived from the Violent 
        Crime Reduction Trust Fund.

SEC. 323. REPEAL OF UNNECESSARY AND DUPLICATIVE PROGRAMS.

    (a) Violent Crime Control and Law Enforcement Act of 1994.--
            (1) Title iii.--Title III of the Violent Crime Control and 
        Law Enforcement Act of 1994 (42 U.S.C. 13741 et seq.) is 
        amended by striking subtitles A through C, and subtitles G 
        through S.
            (2) Title xxvii.--Title XXVII of the Violent Crime Control 
        and Law Enforcement Act of 1994 (42 U.S.C. 14191 et seq.) is 
        repealed.
    (b) Reform of GREAT Program.--Section 32401(a) of the Violent Crime 
Control and Law Enforcement Act of 1994 (42 U.S.C. 13921(a)) is 
amended--
            (1) by striking paragraph (2) and inserting the following:
            ``(2) Selection of communities.--
                    ``(A) In general.--Each community identified for a 
                GREAT project referred to in paragraph (1) shall be 
                selected by the Secretary of the Treasury on the basis 
                of--
                            ``(i) the level of gang activity and youth 
                        violence in the area in which the community is 
                        located;
                            ``(ii) the number of schools in the 
                        community in which training would be provided 
                        under the project;
                            ``(iii) the number of students who would 
                        receive the training referred to in clause (ii) 
                        in schools referred to in that clause; and
                            ``(iv) a written description from officials 
                        of the community explaining the manner in which 
                        funds made available to the community under 
                        this section would be allocated.
                    ``(B) Equitable selection.--The Secretary of the 
                Treasury shall ensure that--
                            ``(i) communities are identified and 
                        selected for GREAT projects under this 
                        subsection on an equitable geographic basis 
                        (except that this clause shall not be construed 
                        to require the termination of any projects 
                        selected prior to the beginning of fiscal year 
                        1999); and
                            ``(ii) the communities referred to in 
                        clause (i) include rural communities.''; and
            (2) in paragraph (3)--
                    (A) in subparagraph (A), by striking ``50 percent'' 
                and inserting ``85 percent''; and
                    (B) in subparagraph (B), by striking ``50 percent'' 
                and inserting ``15 percent''.

SEC. 324. EXTENSION OF VIOLENT CRIME REDUCTION TRUST FUND.

    (a) In General.--Section 310001(b) of the Violent Crime Control and 
Law Enforcement Act of 1994 (42 U.S.C. 14211) is amended by striking 
paragraphs (1) through (5) and inserting the following:
            ``(1) for fiscal year 2001, $6,025,000,000;
            ``(2) for fiscal year 2002, $6,169,000,000;
            ``(3) for fiscal year 2003, $6,316,000,000;
            ``(4) for fiscal year 2004, $6,458,000,000; and
            ``(5) for fiscal year 2005, $6,616,000,000.''.
    (b) Discretionary Limits.--Title XXXI of the Violent Crime Control 
and Law Enforcement Act of 1994 (42 U.S.C. 14211 et seq.) is amended by 
inserting after section 310001 the following:

``SEC. 310002. DISCRETIONARY LIMITS.

    ``For the purposes of allocations made for the discretionary 
category pursuant to section 302(a) of the Congressional Budget Act of 
1974 (2 U.S.C. 633(a)), the term `discretionary spending limit' means--
            ``(1) with respect to fiscal year 2001--
                    ``(A) for the discretionary category, amounts of 
                budget authority and outlays necessary to adjust the 
                discretionary spending limits to reflect the changes in 
                subparagraph (B) as determined by the Chairman of the 
                Budget Committee; and
                    ``(B) for the violent crime reduction category: 
                $6,025,000,000 in new budget authority and 
                $5,718,000,000 in outlays;
            ``(2) with respect to fiscal year 2002--
                    ``(A) for the discretionary category, amounts of 
                budget authority and outlays necessary to adjust the 
                discretionary spending limits to reflect the changes in 
                subparagraph (B) as determined by the Chairman of the 
                Budget Committee; and
                    ``(B) for the violent crime reduction category: 
                $6,169,000,000 in new budget authority and 
                $6,020,000,000 in outlays; and
            ``(3) with respect to fiscal year 2003--
                    ``(A) for the discretionary category, amounts of 
                budget authority and outlays necessary to adjust the 
                discretionary spending limits to reflect the changes in 
                subparagraph (B) as determined by the Chairman of the 
                Budget Committee; and
                    ``(B) for the violent crime reduction category: 
                $6,316,000,000 in new budget authority and 
                $6,161,000,000 in outlays;
            ``(4) with respect to fiscal year 2004--
                    ``(A) for the discretionary category, amounts of 
                budget authority and outlays necessary to adjust the 
                discretionary spending limits to reflect the changes in 
                subparagraph (B) as determined by the Chairman of the 
                Budget Committee; and
                    ``(B) for the violent crime reduction category: 
                $6,458,000 in new budget authority and $6,303,000,000 
                in outlays; and
            ``(5) with respect to fiscal year 2005--
                    ``(A) for the discretionary category, amounts of 
                budget authority and outlays necessary to adjust the 
                discretionary spending limits to reflect the changes in 
                subparagraph (B) as determined by the Chairman of the 
                Budget Committee; and
                    ``(B) for the violent crime reduction category: 
                $6,616,000 in new budget authority and $6,452,000,000 
                in outlays;
as adjusted in accordance with section 251(b) of the Balanced Budget 
and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)) and section 
314 of the Congressional Budget Act of 1974.''.

SEC. 325. REIMBURSEMENT OF STATES FOR COSTS OF INCARCERATING JUVENILE 
              ALIENS.

    (a) In General.--Section 501 of the Immigration Reform and Control 
Act of 1986 (8 U.S.C. 1365) is amended--
            (1) in subsection (a), by inserting ``or illegal juvenile 
        alien who has been adjudicated delinquent and committed to a 
        juvenile correctional facility by such State or locality'' 
        before the period;
            (2) in subsection (b), by inserting ``(including any 
        juvenile alien who has been adjudicated delinquent and has been 
        committed to a correctional facility)'' before ``who is in the 
        United States unlawfully''; and
            (3) by adding at the end the following:
    ``(f) Juvenile Alien Defined.--In this section, the term `juvenile 
alien' means an alien (as defined in section 101(a)(3) of the 
Immigration and Nationality Act) who has been adjudicated delinquent 
and committed to a correctional facility by a State or locality as a 
juvenile offender.''.
    (b) Annual Report.--Section 332 of the Illegal Immigration Reform 
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1366) is amended--
            (1) by striking ``and'' at the end of paragraph (3);
            (2) by striking the period at the end of paragraph (4) and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(5) the number of illegal juvenile aliens that are 
        committed to State or local juvenile correctional facilities, 
        including the type of offense committed by each juvenile.''.
    (c) Conforming Amendment.--Section 241(i)(3)(B) of the Immigration 
and Nationality Act (8 U.S.C. 1231(i)(3)(B)) is amended--
            (1) by striking ``or'' at the end of clause (ii);
            (2) by striking the period at the end of clause (iii) and 
        inserting ``; or''; and
            (3) by adding at the end the following:
                            ``(iv) is a juvenile alien with respect to 
                        whom section 501 of the Immigration Reform and 
                        Control Act of 1986 applies.''.

      Subtitle C--Alternative Education and Delinquency Prevention

SEC. 331. ALTERNATIVE EDUCATION.

    Part D of title I of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 6421 et seq.) is amended by adding at the end the 
following:

    ``Subpart 4--Alternative Education Demonstration Project Grants

``SEC. 1441. PROGRAM AUTHORITY.

    ``(a) Grants.--
            ``(1) In general.--From amounts appropriated under section 
        1443, the Secretary, in consultation with the Administrator, 
        shall make grants to State educational agencies or local 
        educational agencies for not less than 10 demonstration 
        projects that enable the agencies to develop models for and 
        carry out alternative education for at-risk youth.
            ``(2) Construction.--Nothing in this subpart shall be 
        construed to affect the requirements of the Individuals with 
        Disabilities Education Act.
    ``(b) Demonstration Projects.--
            ``(1) Partnerships.--Each agency receiving a grant under 
        this subpart may enter into a partnership with a private sector 
        entity to provide alternative educational services to at-risk 
        youth.
            ``(2) Requirements.--Each demonstration project assisted 
        under this subpart shall--
                    ``(A) accept for alternative education at-risk or 
                delinquent youth who are referred by a local school or 
                by a court with a juvenile delinquency docket and who--
                            ``(i) have demonstrated a pattern of 
                        serious and persistent behavior problems in 
                        regular schools;
                            ``(ii) are at risk of dropping out of 
                        school;
                            ``(iii) have been convicted of a criminal 
                        offense or adjudicated delinquent for an act of 
                        juvenile delinquency, and are under a court's 
                        supervision; or
                            ``(iv) have demonstrated that continued 
                        enrollment in a regular classroom--
                                    ``(I) poses a physical threat to 
                                other students; or
                                    ``(II) inhibits an atmosphere 
                                conducive to learning; and
                    ``(B) provide for accelerated learning, in a safe, 
                secure, and disciplined environment, including--
                            ``(i) basic curriculum focused on mastery 
                        of essential skills, including targeted 
                        instruction in basic skills required for 
                        secondary school graduation; and
                            ``(ii) emphasis on--
                                    ``(I) personal, academic, social, 
                                and workplace skills; and
                                    ``(II) behavior modification.
    ``(c) Applicability.--Except as provided in subsections (c) and (e) 
of section 1442, the provisions of section 1401(c), 1402, and 1431, and 
subparts 1 and 2, shall not apply to this subpart.
    ``(d) Definition of Administrator.--In this subpart, the term 
`Administrator' means the Administrator of the Office of Juvenile Crime 
Control and Prevention of the Department of Justice.

``SEC. 1442. APPLICATIONS; GRANTEE SELECTION.

    ``(a) Applications.--Each State educational agency and local 
educational agency seeking a grant under this subpart shall submit an 
application in such form, and containing such information, as the 
Secretary, in consultation with the Administrator, may reasonably 
require.
    ``(b) Selection of Grantees.--
            ``(1) In general.--The Secretary shall select State 
        educational agencies and local educational agencies to receive 
        grants under this subpart on an equitable geographic basis, 
        including selecting agencies that serve urban, suburban, and 
        rural populations.
            ``(2) Minimum.--The Secretary shall award a grant under 
        this subpart to not less than 1 agency serving a population 
        with a significant percentage of Native Americans.
            ``(3) Priority.--In awarding grants under this subpart, the 
        Secretary may give priority to State educational agencies and 
        local educational agencies that demonstrate in the application 
        submitted under subsection (a) that the State has a policy of 
        equitably distributing resources among school districts in the 
        State.
    ``(c) Qualifications.--To qualify for a grant under this subpart, a 
State educational agency or local educational agency shall--
            ``(1) in the case of a State educational agency, have 
        submitted a State plan under section 1414(a) that is approved 
        by the Secretary;
            ``(2) in the case of a local educational agency, have 
        submitted an application under section 1423 that is approved by 
        the State educational agency;
            ``(3) certify that the agency will comply with the 
        restrictions of section 292 of the Juvenile Justice and 
        Delinquency Prevention Act of 1974;
            ``(4) explain the educational and juvenile justice needs of 
        the community to be addressed by the demonstration project;
            ``(5) provide a detailed plan to implement the 
        demonstration project; and
            ``(6) provide assurances and an explanation of the agency's 
        ability to continue the program funded by the demonstration 
        project after the termination of Federal funding under this 
        subpart.
    ``(d) Matching Requirement.--
            ``(1) In general.--Grant funds provided under this subpart 
        shall not constitute more than 35 percent of the cost of the 
        demonstration project funded.
            ``(2) Source of funds.--Matching funds for grants under 
        this subpart may be derived from amounts available under 
        section 205, or part B of title II, of the Juvenile Justice and 
        Delinquency Prevention Act of 1974 (42 U.S.C. 5611 et seq.) to 
        the State in which the demonstration project will be carried 
        out, except that the total share of funds derived from Federal 
        sources shall not exceed 50 percent of the cost of the 
        demonstration project.
    ``(e) Program Evaluation.--
            ``(1) In general.--Each State educational agency or local 
        educational agency that receives a grant under this subpart 
        shall evaluate the demonstration project assisted under this 
        subpart in the same manner as programs are evaluated under 
        section 1431. In addition, the evaluation shall include--
                    ``(A) an evaluation of the effect of the 
                alternative education project on order, discipline, and 
                an effective learning environment in regular 
                classrooms;
                    ``(B) an evaluation of the project's effectiveness 
                in improving the skills and abilities of at-risk 
                students assigned to alternative education, including 
                an analysis of the academic and social progress of such 
                students; and
                    ``(C) an evaluation of the project's effectiveness 
                in reducing juvenile crime and delinquency, including--
                            ``(i) reductions in incidents of campus 
                        crime in relevant school districts, compared 
                        with school districts not included in the 
                        project; and
                            ``(ii) reductions in recidivism by at-risk 
                        students who have juvenile justice system 
                        involvement and are assigned to alternative 
                        education.
            ``(2) Evaluation by the secretary.--The Secretary, in 
        cooperation with the Administrator, shall comparatively 
        evaluate each of the demonstration projects funded under this 
        subpart, including an evaluation of the effectiveness of 
        private sector educational services, and shall report the 
        findings of the evaluation to the Committee on Education and 
        the Workforce of the House of Representatives and the 
        Committees on the Judiciary and Health, Education, Labor and 
        Pensions of the Senate not later than June 30, 2005.

``SEC. 1443. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to carry out this subpart 
$15,000,000 for each of fiscal years 2000, 2001, 2002, and 2003.''.

                  Subtitle D--Parenting as Prevention

SEC. 341. SHORT TITLE.

    This subtitle shall be cited as the ``Parenting as Prevention 
Act''.

SEC. 342. ESTABLISHMENT OF PROGRAM.

    The Secretary of Health and Human Services, in consultation with 
the Attorney General, the Secretary of Education, the Secretary of 
Housing and Urban Development, the Secretary of Labor, the Secretary of 
Agriculture, and the Secretary of Defense shall establish a parenting 
support and education program as provided in sections 343, 344, and 
345.

SEC. 343. NATIONAL PARENTING SUPPORT AND EDUCATION COMMISSION.

    (a) Establish Commission.--The Secretary of Health and Human 
Services shall establish a National Parenting Support and Education 
Commission (hereinafter referred to as the ``Commission'') to identify 
the best practices for parenting and to provide practical parenting 
advice for parents and caregivers based on the best available research 
data. She shall provide the Commission with necessary staff and other 
resources to fulfill its duties.
    (b) Membership of Commission.--The Secretary shall appoint the 
Commission after consultation with the cabinet members identified in 
section 342. The Commission shall consist of the following members--
            (1) an adolescent representative;
            (2) a parent representative;
            (3) an expert in brain research;
            (4) experts in child development, youth development, early 
        childhood education, primary education, and secondary 
        education;
            (5) an expert in children's mental health;
            (6) an expert on children's health and nutrition;
            (7) an expert on child abuse prevention, diagnosis, and 
        treatment;
            (8) a representative of parenting support programs;
            (9) a representative of parenting education;
            (10) a representative from law enforcement;
            (11) an expert on firearm safety programs;
            (12) a representative from a nonprofit organization that 
        delivers services to children and their families which may 
        include a faith based organization; and
            (13) such other representatives as the Secretary deems 
        necessary.
    (c) Duties of Commission.--The Commission shall--
            (1) identify best parenting practices for parents and 
        caregivers of young children on topics including but not 
        limited to brain stimulation, developing healthy attachments 
        and social relationships, anger management and conflict 
        resolution, character development, discipline, controlling 
        access to television and other entertainment including 
        computers, firearms safety, mental health, health care and 
        nutrition including breastfeeding, encouraging reading and 
        lifelong learning habits, and recognition and treatment of 
        developmental and behavioral problems;
            (2) identify best parenting practices of adolescents and 
        pre-adolescents on topics including but not limited to methods 
        of addressing peer pressure with respect to underage drinking, 
        sexual relations, illegal drug use, and other negative 
        behavior; developing healthy social and family relationships; 
        exercising discipline; controlling access to television and 
        other entertainment including computers, video games, and 
        movies; firearm safety; encouraging success in school; and 
        other issues of concern to parents of adolescents;
            (3) identify best parenting practices and resources 
        available for parents and caregivers of children with special 
        needs including fetal alcohol syndrome, fetal alcohol effect, 
        mental illness, autism, retardation, learning disabilities, 
        behavioral disorders, chronic illness, and physical 
        disabilities; and
            (4) review existing parenting support and education 
        programs and the data evaluating them and make recommendations 
        to the Secretary and the Congress on which are most effective 
        and should receive Federal support within 18 months of 
        appointment.
    (d) Public Hearings and Testimony.--The Commission shall conduct 
four public hearings, shall solicit and receive testimony from national 
experts and national organizations, shall conduct a comprehensive 
review of academic and other research literature, and shall seek 
information from the Governors on existing brain development and 
parenting programs which have been most successful.
    (e) Publication of Materials.--If not otherwise available, the 
Commission shall prepare materials which may include written material, 
videotapes, CD's, and other audio and visual material on best parenting 
practices and shall make them available for distribution to parents, 
caregivers, and others through State and local government programs, 
hospitals, maternity centers, and other health care providers, adoption 
agencies, schools, public housing units, child care centers, and social 
service providers. If such materials are already available, the 
Commission may print, reproduce, and distribute such materials.
    (f) Reporting Requirement.--The Commission shall prepare and submit 
a report of its findings and recommendations to the Secretary and the 
Congress no later than 18 months after appointment.
    (g) Authorization of Funds.--There is authorized to be appropriated 
in fiscal year 2000 such sums as may be necessary to support the work 
of the Commission and to produce and distribute the materials described 
in subsection (e). Such sum shall remain available until expended. Any 
fund appropriated pursuant to this section shall remain available until 
expended.

SEC. 344. STATE AND LOCAL PARENTING SUPPORT AND EDUCATION GRANT 
              PROGRAM.

    (a) State Allotments.--The Secretary shall make allotments to 
eligible States to support parenting support and training programs. 
Each State shall receive an amount that bears the same relationship to 
the amount appropriated as the total number of children in the State 
bears to the total number of children in all States, but no State shall 
receive less than one-half of one percent of the state allocation. From 
the amounts provided to each State with Indian or Alaska Native 
populations exceeding two percent of its total statewide population, 
the Governor shall set aside two percent for Indian tribes as that term 
is defined in section 4(e) of the Indian Self-Determination and 
Education Assistance Act (P.L. 93-638, as amended; 25 U.S.C. 450b(e)) 
which shall be distributed based on the percentage of Indian children 
in each tribe except that with respect to Alaska, the funds shall be 
distributed to the nonprofit entities described in section 419(4)(B) of 
the Social Security Act pursuant to section 103 of Public Law 104-193 
(110 Stat. 2159, 2160; 42 U.S.C. 619(4)(B)) which shall be allocated 
based on the percentage of Alaska Native children in each region.
    (b) State Parenting Support and Education Council.--To be eligible 
to receive Federal funding, the Governor of each State shall appoint a 
State Parenting Support and Education Council (hereinafter referred to 
as the ``Council'') which shall include parent representatives, 
representatives of the State government, bipartisan representation from 
the State legislature, representatives from local communities, and 
interested children's organizations, except that the Governor may 
designate an existing entity that includes such groups. The Council 
shall conduct a needs and resources assessment of parenting support and 
education programs in the State to determine where programs are lacking 
or inadequate and identify what additional programs are needed and 
which programs require additional resources. It shall consider the 
findings and recommendations of the Parenting Commission in making 
those determinations. Upon completion of the assessment, the Council 
may consider grant applications from the State to provide statewide 
programs, from local communities including schools, and from nonprofit 
service providers including faith based organizations.
    (c) Grants.--Grants may be made for:
            (1) Parenting support to promote early brain development 
        and childhood development and education including--
                    (A) assistance to schools to offer classroom 
                instruction on brain stimulation, child development, 
                and early childhood education;
                    (B) distribution of materials developed by the 
                Commission or another entity that reflect best 
                parenting practices;
                    (C) development and distribution of referral 
                information on programs and services available to 
                children and families at the local level, including 
                eligibility criteria;
                    (D) voluntary hospital visits for postpartum women 
                and in-home visits for families with infants, toddlers, 
                or newly adopted children to provide hands-on training 
                and one-on-one instruction on brain stimulation, child 
                development, and early childhood education;
                    (E) parenting education programs including training 
                with respect to the best parenting practices identified 
                in subsection (c).
            (2) Parenting support for adolescents and youth including 
        funds for services and support for parents and other caregivers 
        of young people being served by a range of education, social 
        service, mental health, health, runaway and homeless youth 
        programs. Programs may include the Boys and Girls Club, YMCA 
        and YWCA, after school programs, 4-H programs, or other 
        community based organizations. Eligible activities may include 
        parent-caregiver support groups, peer support groups, parent 
        education classes, seminars or discussion groups on problems 
        facing adolescents, advocates and mentors to help parents 
        understand and work with schools, the courts, and various 
        treatment programs.
            (3) Parenting support and education resource centers 
        including--
                    (A) development of parenting resource centers which 
                may serve as a single point of contact for the 
                provision of comprehensive services available to 
                children and their families including Federal, State, 
                and local governmental and nonprofit services available 
                to children. Such services may include child care, 
                respite care, pediatric care, child abuse prevention 
                programs, nutrition programs, parent training, infant 
                and child CPR and safety training programs, caregiver 
                training and education, and other related programs;
                    (B) a national toll free anonymous parent hotline 
                with 24 hour a day consultation and advice including 
                referral to local community based services;
                    (C) respite care for parents with children with 
                special needs, single mothers, and at-risk youth.
    (d) Reporting.--Each entity that receives a grant under this 
section shall submit a report every 2 years to the Council describing 
the program it has developed, the number of parents and children 
served, and the success of the program using specific performance 
measures.
    (e) Administrative Costs.--Not more than 5 percent of the amounts 
received by a State may be used to pay for the administrative expenses 
of the Council in implementing the grant program.
    (f) Supplement not Supplant.--Funds appropriated pursuant to this 
section shall be used to supplement and not supplant other Federal, 
State, and local public funds expended for parenting support and 
education programs.
    (g) Authorization of Funds.--There is authorized to be appropriated 
such sums as are necessary for fiscal year 2000 and subsequent fiscal 
years.

SEC. 345. GRANTS TO ADDRESS THE PROBLEM OF VIOLENCE RELATED STRESS TO 
              PARENTS AND CHILDREN.

    (a) Findings.--The Congress finds that a child's brain is wired 
between the ages of 0-3. A child's ability to learn, develop healthy 
family and social relationships, resist peer pressure, and control 
violent impulses depends on the quality and quantity of brain 
stimulation he receives. Research shows that children exposed to 
negative brain stimulation in the form of physical and sexual abuse and 
violence in the family or community causes the brain to be miswired 
making it difficult for the child to be successful in life. 
Intervention early in a child's life to correct the miswiring is much 
more successful than adult rehabilitation efforts.
    (b) In General.--The Secretary shall award grants, enter into 
contracts or cooperative agreements to public and nonprofit private 
entities, as well as to Indian tribes, Native Hawaiians, and Alaska 
Native nonprofit corporations to establish national and regional 
centers of excellence on psychological trauma response and to identify 
the best practices for treating psychiatric and behavioral disorders 
resulting from children witnessing or experiencing such stress.
    (c) Priorities.--In awarding grants, contracts or cooperative 
agreements under subsection (a) related to the identifying best 
practices for treating disorders associated with psychological trauma, 
the Secretary shall give priority to programs that work with children, 
adolescents, adults, and families who are survivors and witnesses of 
child abuse, domestic, school, and community violence, and disasters.
    (d) Geographical Distribution.--The Secretary shall ensure that 
grants, contracts, or cooperative agreements under subsection (a) with 
respect to centers of excellence are distributed equitably among the 
regions of the country and among urban and rural areas.
    (e) Evaluation.--The Secretary shall require that each applicant 
for a grant, contract or cooperative agreement under subsection (a) 
submit a plan as part of his application for the rigorous evaluation of 
the activities funded under the grant, contract or agreement, including 
both process and outcomes evaluation, and the submission of an 
evaluation at the end of the project period.
    (f) Duration of Awards.--With respect to a grant, contract or 
cooperative agreement under this section, the period during which 
payments under such an award will be made to the recipient may not be 
less than 3 years. Such grants, contract or agreement may be renewed.
    (g) Report.--Not later than 1 year after the date of enactment of 
this section, the General Accounting Office shall prepare and submit to 
the Committee on Health, Education, Labor, and Pensions of the Senate 
and the Committee on Commerce of the House of Representatives a report 
concerning whether individuals are covered for post-traumatic stress 
disorders under public and private health plans, and the course of 
treatment, if any, that is covered.
    (h) Authorization of Appropriations.--There is authorized to be 
appropriated such sums as are necessary to carry out this section for 
fiscal year 2000 and subsequent fiscal years.

     TITLE IV--VOLUNTARY MEDIA AGREEMENTS FOR CHILDREN'S PROTECTION

                   Subtitle A--Children and the Media

SEC. 401. SHORT TITLE.

    This subtitle may be cited as the ``Children's Protection Act of 
1999''.

SEC. 402. FINDINGS.

    Congress makes the following findings:
            (1) Television is seen and heard in nearly every United 
        States home and is a uniquely pervasive presence in the daily 
        lives of Americans. The average American home has 2.5 
        televisions, and a television is turned on in the average 
        American home 7 hours every day.
            (2) Television plays a particularly significant role in the 
        lives of children. Figures provided by Nielsen Research show 
        that children between the ages of 2 years and 11 years spend an 
        average of 21 hours in front of a television each week.
            (3) Television has an enormous capability to influence 
        perceptions, especially those of children, of the values and 
        behaviors that are common and acceptable in society.
            (4) The influence of television is so great that its images 
        and messages often can be harmful to the development of 
        children. Social science research amply documents a strong 
        correlation between the exposure of children to televised 
        violence and a number of behavioral and psychological problems.
            (5) Hundreds of studies have proven conclusively that 
        children who are consistently exposed to violence on television 
        have a higher tendency to exhibit violent and aggressive 
        behavior, both as children and later in life.
            (6) Such studies also show that repeated exposure to 
        violent programming causes children to become desensitized to 
        and more accepting of real-life violence and to grow more 
        fearful and less trusting of their surroundings.
            (7) A growing body of social science research indicates 
        that sexual content on television can also have a significant 
        influence on the attitudes and behaviors of young viewers. This 
        research suggests that heavy exposure to programming with 
        strong sexual content contributes to the early commencement of 
        sexual activity among teenagers.
            (8) Members of the National Association of Broadcasters 
        (NAB) adhered for many years to a comprehensive code of conduct 
        that was based on an understanding of the influence exerted by 
        television and on a widely held sense of responsibility for 
        using that influence carefully.
            (9) This code of conduct, the Television Code of the 
        National Association of Broadcasters, articulated this sense of 
        responsibility as follows:
                    (A) ``In selecting program subjects and themes, 
                great care must be exercised to be sure that the 
                treatment and presentation are made in good faith and 
                not for the purpose of sensationalism or to shock or 
                exploit the audience or appeal to prurient interests or 
                morbid curiosity.''.
                    (B) ``Broadcasters have a special responsibility 
                toward children. Programs designed primarily for 
                children should take into account the range of 
                interests and needs of children, from instructional and 
                cultural material to a wide variety of entertainment 
                material. In their totality, programs should contribute 
                to the sound, balanced development of children to help 
                them achieve a sense of the world at large and informed 
                adjustments to their society.''.
                    (C) ``Violence, physical, or psychological, may 
                only be projected in responsibly handled contexts, not 
                used exploitatively. Programs involving violence 
                present the consequences of it to its victims and 
                perpetrators. Presentation of the details of violence 
                should avoid the excessive, the gratuitous and the 
                instructional.''.
                    (D) ``The presentation of marriage, family, and 
                similarly important human relationships, and material 
                with sexual connotations, shall not be treated 
                exploitatively or irresponsibly, but with 
                sensitivity.''.
                    (E) ``Above and beyond the requirements of the law, 
                broadcasters must consider the family atmosphere in 
                which many of their programs are viewed. There shall be 
                no graphic portrayal of sexual acts by sight or sound. 
                The portrayal of implied sexual acts must be essential 
                to the plot and presented in a responsible and tasteful 
                manner.''.
            (10) The National Association of Broadcasters abandoned the 
        code of conduct in 1983 after three provisions of the code 
        restricting the sale of advertising were challenged by the 
        Department of Justice on antitrust grounds and a Federal 
        district court issued a summary judgment against the National 
        Association of Broadcasters regarding one of the provisions on 
        those grounds. However, none of the programming standards of 
        the code were challenged.
            (11) While the code of conduct was in effect, its 
        programming standards were never found to have violated any 
        antitrust law.
            (12) Since the National Association of Broadcasters 
        abandoned the code of conduct, programming standards on 
        broadcast and cable television have deteriorated dramatically.
            (13) In the absence of effective programming standards, 
        public concern about the impact of television on children, and 
        on society as a whole, has risen substantially. Polls routinely 
        show that more than 80 percent of Americans are worried by the 
        increasingly graphic nature of sex, violence, and vulgarity on 
        television and by the amount of programming that openly 
        sanctions or glorifies criminal, antisocial, and degrading 
        behavior.
            (14) At the urging of Congress, the television industry has 
        taken some steps to respond to public concerns about 
        programming standards and content. The broadcast television 
        industry agreed in 1992 to adopt a set of voluntary guidelines 
        designed to ``proscribe gratuitous or excessive portrayals of 
        violence''. Shortly thereafter, both the broadcast and cable 
        television industries agreed to conduct independent studies of 
        the violent content in their programming and make those reports 
        public.
            (15) In 1996, the television industry as a whole made a 
        commitment to develop a comprehensive rating system to label 
        programming that may be harmful or inappropriate for children. 
        That system was implemented at the beginning of 1999.
            (16) Despite these efforts to respond to public concern 
        about the impact of television on children, millions of 
        Americans, especially parents with young children, remain angry 
        and frustrated at the sinking standards of television 
        programming, the reluctance of the industry to police itself, 
        and the harmful influence of television on the well-being of 
        the children and the values of the United States.
            (17) The Department of Justice issued a ruling in 1993 
        indicating that additional efforts by the television industry 
        to develop and implement voluntary programming guidelines would 
        not violate the antitrust laws. The ruling states that ``such 
        activities may be likened to traditional standard setting 
        efforts that do not necessarily restrain competition and may 
        have significant procompetitive benefits . . . . Such 
        guidelines could serve to disseminate valuable information on 
        program content to both advertisers and television viewers. 
        Accurate information can enhance the demand for, and increase 
        the output of, an industry's products or services.''.
            (18) The Children's Television Act of 1990 (Public Law 101-
        437) states that television broadcasters in the United States 
        have a clear obligation to meet the educational and 
        informational needs of children.
            (19) Several independent analyses have demonstrated that 
        the television broadcasters in the United States have not 
        fulfilled their obligations under the Children's Television Act 
        of 1990 and have not noticeably expanded the amount of 
        educational and informational programming directed at young 
        viewers since the enactment of that Act.
            (20) The popularity of video and personal computer (PC) 
        games is growing steadily among children. Although most popular 
        video and personal computer games are educational or harmless 
        in nature, many of the most popular are extremely violent. One 
        recent study by Strategic Record Research found that 64 percent 
        of teenagers played video or personal computer games on a 
        regular basis. Other surveys of children as young as elementary 
        school age found that almost half of them list violent computer 
        games among their favorites.
            (21) Violent video games often present violence in a 
        glamorized light. Game players are often cast in the role of 
        shooter, with points scored for each ``kill''. Similarly, 
        advertising for such games often touts violent content as a 
        selling point--the more graphic and extreme, the better.
            (22) As the popularity and graphic nature of such video 
        games grows, so do their potential to negatively influence 
        impressionable children.
            (23) Music is another extremely pervasive and popular form 
        of entertainment. American children and teenagers listen to 
        music more than any other demographic group. The Journal of 
        American Medicine reported that between the 7th and 12th grades 
        the average teenager listens to 10,500 hours of rock or rap 
        music, just slightly less than the entire number of hours spent 
        in the classroom from kindergarten through high school.
            (24) Teens are among the heaviest purchasers of music, and 
        are most likely to favor music genres that depict, and often 
        appear to glamorize violence.
            (25) Music has a powerful ability to influence perceptions, 
        attitudes, and emotional state. The use of music as therapy 
        indicates its potential to increase emotional, psychological. 
        and physical health. That influence can be used for ill as 
        well.

SEC. 403. PURPOSES; CONSTRUCTION.

    (a) Purposes.--The purposes of this subtitle are to permit the 
entertainment industry--
            (1) to work collaboratively to respond to growing public 
        concern about television programming, movies, video games, 
        Internet content, and music lyrics, and the harmful influence 
        of such programming, movies, games, content, and lyrics on 
        children;
            (2) to develop a set of voluntary programming guidelines 
        similar to those contained in the Television Code of the 
        National Association of Broadcasters; and
            (3) to implement the guidelines in a manner that alleviates 
        the negative impact of television programming, movies, video 
        games, Internet content, and music lyrics on the development of 
        children in the United States and stimulates the development 
        and broadcast of educational and informational programming for 
        such children.
    (b) Construction.--This subtitle may not be construed as--
            (1) providing the Federal Government with any authority to 
        restrict television programming, movies, video games, Internet 
        content, or music lyrics that is in addition to the authority 
        to restrict such programming, movies, games, content, or lyrics 
        under law as of the date of the enactment of this Act; or
            (2) approving any action of the Federal Government to 
        restrict such programming, movies, games, content, or lyrics 
        that is in addition to any actions undertaken for that purpose 
        by the Federal Government under law as of such date.

SEC. 404. EXEMPTION OF VOLUNTARY AGREEMENTS ON GUIDELINES FOR CERTAIN 
              ENTERTAINMENT MATERIAL FROM APPLICABILITY OF ANTITRUST 
              LAWS.

    (a) Exemption.--Subject to subsection (b), the antitrust laws shall 
not apply to any joint discussion, consideration, review, action, or 
agreement by or among persons in the entertainment industry for the 
purpose of developing and disseminating voluntary guidelines designed--
            (1) to alleviate the negative impact of telecast material, 
        movies, video games, Internet content, and music lyrics 
        containing violence, sexual content, criminal behavior, or 
        other subjects that are not appropriate for children; or
            (2) to promote telecast material that is educational, 
        informational, or otherwise beneficial to the development of 
        children.
    (b) Limitation.--The exemption provided in subsection (a) shall not 
apply to any joint discussion, consideration, review, action, or 
agreement which--
            (1) results in a boycott of any person; or
            (2) concerns the purchase or sale of advertising, including 
        (without limitation) restrictions on the number of products 
        that may be advertised in a commercial, the number of times a 
        program may be interrupted for commercials, and the number of 
        consecutive commercials permitted within each interruption.

SEC. 405. EXEMPTION OF ACTIVITIES TO ENSURE COMPLIANCE WITH RATINGS AND 
              LABELING SYSTEMS FROM APPLICABILITY OF ANTITRUST LAWS.

    (a) Exemption From Antitrust Laws.--
            (1) In general.--The antitrust laws shall not apply to any 
        joint discussion, consideration, review, action, or agreement 
        between or among persons in the motion picture, recording, or 
        video game industry for the purpose of and limited to the 
        development or enforcement of voluntary guidelines, procedures, 
        and mechanisms designed to ensure compliance by persons and 
        entities described in paragraph (2) with ratings and labeling 
        systems to identify and limit dissemination of sexual, violent, 
        or other indecent material to children.
            (2) Persons and entities described.--A person or entity 
        described in this paragraph is a person or entity that is--
                    (A) engaged in the retail sales of motion pictures, 
                recordings, or video games; or
                    (B) a theater owner or operator, video game arcade 
                owner or operator, or other person or entity that makes 
                available the viewing, listening, or use of a motion 
                picture, recording, or video game to a member of the 
                general public for compensation.
    (b) Report.--Not later than 12 months after the date of the 
enactment of this Act, the Antitrust Division of the Department of 
Justice, in conjunction with the Federal Trade Commission, shall submit 
to Congress a report on--
            (1) the extent to which the motion picture, recording, and 
        video game industry have developed or enforced guidelines, 
        procedures, or mechanisms to ensure compliance by persons and 
        entities described in subsection (b)(2) with ratings or 
        labeling systems which identify and limit dissemination of 
        sexual, violent, or other indecent material to children; and
            (2) the extent to which Federal or State antitrust laws 
        preclude those industries from developing and enforcing the 
        guidelines described in subsection (b)(1).

SEC. 406. DEFINITIONS.

    In this subtitle:
            (1) Antitrust laws.--The term ``antitrust laws'' has the 
        meaning given such term in the first section of the Clayton Act 
        (15 U.S.C. 12) and includes section 5 of the Federal Trade 
        Commission Act (15 U.S.C. 45).
            (2) Internet.--The term ``Internet'' means the combination 
        of computer facilities and electromagnetic transmission media, 
        and related equipment and software, comprising the 
        interconnected worldwide network of computer networks that 
        employ the Transmission Control Protocol/Internet Protocol or 
        any successor protocol to transmit information.
            (3) Movies.--The term ``movies'' means motion pictures.
            (4) Person in the entertainment industry.--The term 
        ``person in the entertainment industry'' means a television 
        network, any entity which produces or distributes television 
        programming (including motion pictures), the National Cable 
        Television Association, the Association of Independent 
        Television Stations, Incorporated, the National Association of 
        Broadcasters, the Motion Picture Association of America, each 
        of the affiliate organizations of the television networks, the 
        Interactive Digital Software Association, any entity which 
        produces or distributes video games, the Recording Industry 
        Association of America, and any entity which produces or 
        distributes music, and includes any individual acting on behalf 
        of such person.
            (5) Telecast.--The term ``telecast'' means any program 
        broadcast by a television broadcast station or transmitted by a 
        cable television system.

                       Subtitle B--Other Matters

SEC. 411. STUDY OF MARKETING PRACTICES OF MOTION PICTURE, RECORDING, 
              AND VIDEO/PERSONAL COMPUTER GAME INDUSTRIES.

    (a) Study.--
            (1) In general.--The Federal Trade Commission and the 
        Attorney General shall jointly conduct a study of the marketing 
        practices of the motion picture, recording, and video/personal 
        computer game industries.
            (2) Issues examined.--In conducting the study under 
        paragraph (1), the Commission and the Attorney General shall 
        examine--
                    (A) the extent to which the motion picture, 
                recording, and video/personal computer industries 
                target the marketing of violent, sexually explicit, or 
                other unsuitable material to minors, including whether 
                such content is advertised or promoted in media outlets 
                in which minors comprise a substantial percentage of 
                the audience;
                    (B) the extent to which retail merchants, movie 
                theaters, or others who engage in the sale or rental 
                for a fee of products of the motion picture, recording, 
                and video/personal computer industries--
                            (i) have policies to restrict the sale, 
                        rental, or viewing to minors of music, movies, 
                        or video/personal computer games that are 
                        deemed inappropriate for minors under the 
                        applicable voluntary industry rating or 
                        labeling systems; and
                            (ii) have procedures compliant with such 
                        policies;
                    (C) whether and to what extent the motion picture, 
                recording, and video/personal computer industries 
                require, monitor, or encourage the enforcement of their 
                respective voluntary rating or labeling systems by 
                industry members, retail merchants, movie theaters, or 
                others who engage in the sale or rental for a fee of 
                the products of such industries;
                    (D) whether any of the marketing practices examined 
                may violate Federal law; and
                    (E) whether and to what extent the motion picture, 
                recording, and video/personal computer industries 
                engage in actions to educate the public on the 
                existence, use, or efficacy of their voluntary rating 
                or labeling systems.
            (3) Factors for determination.--In determining whether the 
        products of the motion picture, recording, or video/personal 
        computer industries are violent, sexually explicit, or 
        otherwise unsuitable for minors for the purposes of paragraph 
        (2)(A), the Commission and the Attorney General shall consider 
        the voluntary industry rating or labeling systems of the 
        industry concerned as in effect on the date of the enactment of 
        this Act.
    (b) Report.--Not later than one year after the date of the 
enactment of this Act, the Commission and the Attorney General shall 
submit to Congress a report on the study conducted under subsection 
(a).
    (c) Authority.--For the purposes of the study conducted under 
subsection (a), the Commission may use its authority under section 6(b) 
of the Federal Trade Commission Act to require the filing of reports or 
answers in writing to specific questions, as well as to obtain 
information, oral testimony, documentary material, or tangible things.

                  TITLE V--GENERAL FIREARM PROVISIONS

SEC. 501. SPECIAL LICENSEES; SPECIAL REGISTRATIONS.

    (a) Definitions.--Section 921(a) of title 18, United States Code, 
is amended by adding at the end the following:
            ``(35) Gun show.--The term `gun show' means a gun show or 
        event described in section 923(j).
            ``(36) Special license.--The term `special license' means a 
        license issued under section 923(m).
            ``(37) Special licensee.--The term `special licensee' means 
        a person to whom a special license has been issued.
            ``(38) Special registrant.--The term `special registrant' 
        means a person to whom a special registration has been issued.
            ``(39) Special registration.--The term `special 
        registration' means a registration issued under section 
        923(m).''.
    (b) Special Licenses; Special Registration.--Section 923 of title 
18, United States Code, is amended by adding at the end the following:
    ``(m) Special Licenses; Special Registrations.--
            ``(1) Special licenses.--
                    ``(A) Application.--A person who--
                            ``(i) is engaged in the business of dealing 
                        in firearms by--
                                    ``(I) buying or selling firearms 
                                solely or primarily at gun shows; or
                                    ``(II) buying or selling firearms 
                                as part of a gunsmith or firearm repair 
                                business or the conduct of other 
                                activity that, absent this subsection, 
                                would require a license under this 
                                chapter; and
                            ``(ii) desires to have access to the 
                        National Instant Check System;
        may submit to the Secretary an application for a special 
        license.
                    ``(B) Effect of paragraph.--Nothing in this 
                paragraph--
                            ``(i) requires a license for conduct that 
                        did not require a license before the date of 
                        enactment of this subsection; or
                            ``(ii) diminishes in any manner any right 
                        to display, sell, or otherwise dispose of 
                        firearms or ammunition, make repairs, or engage 
                        in any other conduct or activity, that was 
                        otherwise lawful to engage in without a license 
                        before the date of enactment of this 
                        subsection.
                    ``(C) Contents.--An application under subparagraph 
                (A) shall--
                            ``(i) contain a certification by the 
                        applicant that--
                                    ``(I) the applicant meets the 
                                requirements of subparagraphs (A) 
                                through (D) of subsection (d)(1);
                                    ``(II)(aa) the applicant conducts 
                                the firearm business primarily or 
                                solely at gun shows, and the applicant 
                                has premises (or a designated portion 
                                of premises) that may be inspected 
                                under this chapter from which the 
                                applicant conducts business (or intends 
                                to establish such premises) within a 
                                reasonable period of time; or
                                    ``(bb) the applicant conducts the 
                                firearm business from a premises (or a 
                                designated portion of premises) of a 
                                gunsmith or firearms repair business 
                                (or intends to establish such premises 
                                within a reasonable period of time); 
                                and
                                    ``(III) the firearm business to be 
                                conducted under the license--
                                            ``(aa) is not engaged in 
                                        business for regularly buying 
                                        and selling firearms from the 
                                        applicant's premises;
                                            ``(bb) will be engaged in 
                                        the buying or selling of 
                                        firearms only--

                                                    ``(AA) primarily or 
                                                solely for a firearm 
                                                business at gun shows; 
                                                or

                                                    ``(BB) as part of a 
                                                gunsmith or firearm 
                                                repair business;

                                            ``(cc) shall be conducted 
                                        in accordance with all dealer 
                                        recordkeeping required under 
                                        this chapter for a dealer; and
                                            ``(dd) shall be subject to 
                                        inspection under this chapter, 
                                        including the special 
                                        licensee's (or a designated 
                                        portion of the premises), 
                                        pursuant to the provisions in 
                                        this chapter applicable to 
                                        dealers;
                            ``(ii) include a photograph and 
                        fingerprints of the applicant; and
                            ``(iii) be in such form as the Secretary 
                        shall by regulation promulgate.
                    ``(D) Compliance with state or local law.--
                            ``(i) In general.--An applicant under 
                        subparagraph (A) shall not be required to 
                        certify or demonstrate that any firearm 
                        business to be conducted from the premises or 
                        elsewhere, to the extent permitted under this 
                        subsection, is or will be done in accordance 
                        with State or local law regarding the carrying 
                        on of a general business or commercial 
                        activity, including compliance with zoning 
                        restrictions.
                            ``(ii) Duty to comply.--The issuance of a 
                        special license does not relieve an applicant 
                        or licensee, as a matter of State or local law, 
                        from complying with State or local law 
                        described in clause (i).
                    ``(E) Approval.--
                            ``(i) In general.--The Secretary shall 
                        approve an application under subparagraph (A) 
                        if the application meets the requirements of 
                        subparagraph (D).
                            ``(ii) Issuance of license.--On approval of 
                        the application and payment by the applicant of 
                        a fee prescribed for dealers under this 
                        section, the Secretary shall issue to the 
                        applicant a license which, subject to the 
                        provisions of this chapter and other applicable 
                        provisions of law, entitles the licensee to 
                        conduct business during the 3-year period that 
                        begins on the date on which the license is 
                        issued.
                            ``(iii) Timing.--
                                    ``(I) In general.--The Secretary 
                                shall approve or disapprove an 
                                application under subparagraph (A) not 
                                later than 60 days after the Secretary 
                                receives the application.
                                    ``(II) Failure to act.--If the 
                                Secretary fails to approve or 
                                disapprove an application within the 
                                time specified by subclause (I), the 
                                applicant may bring an action under 
                                section 1361 of title 28 to compel the 
                                Secretary to act.
            ``(2) Special registrants.--
                    ``(A) In general.--A person who is not licensed 
                under this chapter (other than a licensed collector) 
                and who wishes to perform instant background checks for 
                the purposes of meeting the requirements of section 
                922(t) at a gun show may submit to the Secretary an 
                application for a special registration.
                    ``(B) Contents.--An application under subparagraph 
                (A) shall--
                            ``(i) contain a certification by the 
                        applicant that--
                                    ``(I) the applicant meets the 
                                requirements of subparagraphs (A) 
                                through (D) of subsection (d)(1); and
                                    ``(II)(aa) any gun show at which 
                                the applicant will conduct instant 
                                checks under the special registration 
                                will be a show that is not prohibited 
                                by State or local law; and
                                    ``(bb) instant checks will be 
                                conducted only at gun shows that are 
                                conducted in accordance with Federal, 
                                State, and local law;
                            ``(ii) include a photograph and 
                        fingerprints of the applicant; and
                            ``(iii) be in such form as the Secretary 
                        shall by regulation promulgate.
                    ``(C) Approval.--
                            ``(i) In general.--The Secretary shall 
                        approve an application under subparagraph (A) 
                        if the application meets the requirements of 
                        subparagraph (B).
                            ``(ii) Issuance of registration.--On 
                        approval of the application and payment by the 
                        applicant of a fee of $100 for 3 years, and 
                        upon renewal of valid registration a fee of $50 
                        for 3 years, the Secretary shall issue to the 
                        applicant a special registration, and notify 
                        the Attorney General of the United States of 
                        the issuance of the special registration.
                            ``(iii) Permitted activity.--Under a 
                        special registration, a special registrant may 
                        conduct instant check screening during the 3-
                        year period that begins with the date on which 
                        the registration is issued.
                    ``(D) Timing.--
                            ``(i) In general.--The Secretary shall 
                        approve or deny an application under 
                        subparagraph (A) not later than 60 days after 
                        the Secretary receives the application.
                            ``(ii) Failure to act.--If the Secretary 
                        fails to approve or disapprove an application 
                        under subparagraph (A) within the time 
                        specified by clause (i), the applicant may 
                        bring an action under section 1361 of title 28 
                        to compel the Secretary to act.
                    ``(E) Use of special registrants.--
                            ``(i) In general.--A person not licensed 
                        under this chapter who desires to transfer a 
                        firearm at a gun show in the person's State of 
                        residence to another person who is a resident 
                        of the same State, may use (but shall not be 
                        required to use) the services of a special 
                        registrant to determine the eligibility of the 
                        prospective transferee to possess a firearm by 
                        having the transferee provide the special 
                        registrant at the gun show, on a special and 
                        limited-purpose form that the Secretary shall 
                        prescribe for use by a special registrant--
                                    ``(I) the name, age, address, and 
                                other identifying information of the 
                                prospective transferee (or, in the case 
                                of a prospective transferee that is a 
                                corporation or other business entity, 
                                the identity and principal and local 
                                places of business of the prospective 
                                transferee); and
                                    ``(II) proof of verification of the 
                                identity of the prospective transferee 
                                as required by section 922(t)(1)(C).
                            ``(ii) Action by the special registrant.--
                        The special registrant shall--
                                    ``(I) make inquiry of the national 
                                instant background check system (or as 
                                the Attorney General shall arrange, 
                                with the appropriate State point of 
                                contact agency for each jurisdiction in 
                                which the special registrant intends to 
                                offer services) concerning the 
                                prospective transferee in accordance 
                                with the established procedures for 
                                making such inquiries;
                                    ``(II) receive the response from 
                                the system;
                                    ``(III) indicate the response on 
                                both a portion of the inquiry form for 
                                the records of the special registrant 
                                and on a separate form to be provided 
                                to the prospective transferee;
                                    ``(IV) provide the response to the 
                                transferor; and
                                    ``(V) follow the procedures 
                                established by the Secretary and the 
                                Attorney General for advising a person 
                                undergoing an instant background check 
                                on the meaning of a response, and any 
                                appeal rights, if applicable.
                            ``(iii) Recordkeeping.--A special 
                        registrant shall--
                                    ``(I) keep all records or documents 
                                that the special registrant collected 
                                pursuant to clause (ii) during the gun 
                                show; and
                                    ``(II) transmit the records to the 
                                Secretary when the special registration 
                                is no longer valid, expires, or is 
                                revoked.
                            ``(iv) No other requirements.--Except for 
                        the requirements stated in this section, a 
                        special registrant is not subject to any of the 
                        requirements imposed on licensees by this 
                        chapter, including those in section 922(t) and 
                        paragraphs (1)(A) and (3)(A) of subsection (g) 
                        with respect to the proposed transfer of a 
                        firearm.
            ``(3) No cause of action or standard of conduct.--
                    ``(A) In general.--Nothing in this subsection--
                            ``(i) creates a cause of action against any 
                        special registrant or any other person, 
                        including the transferor, for any civil 
                        liability; or
                            ``(ii) establishes any standard of care.
                    ``(B) Evidence.--Notwithstanding any other 
                provision of law, except to give effect to the 
                provisions of paragraph (3)(vi), evidence regarding the 
                use or nonuse by a transferor of the services of a 
                special registrant under this paragraph shall not be 
                admissible as evidence in any proceeding of any court, 
                agency, board, or other entity for the purposes of 
                establishing liability based on a civil action brought 
                on any theory for harm caused by a product or by 
                negligence.
            ``(4) Immunity.--
                    ``(A) Definition.--In this paragraph:
                            ``(i) In general.--The term `qualified 
                        civil liability action' means a civil action 
                        brought by any person against a person 
                        described in subparagraph (B) for damages 
                        resulting from the criminal or unlawful misuse 
                        of the firearm by the transferee or a third 
                        party.
                            ``(ii) Exclusions.--The term `qualified 
                        civil liability action' shall not include an 
                        action--
                    ``(B) Immunity.--Notwithstanding any other 
                provision of law, a person who is--
                            ``(i) a special registrant who performs a 
                        background check in the manner prescribed in 
                        this subsection at a gun show;
                            ``(ii) a licensee or special licensee who 
                        acquires a firearm at a gun show from a 
                        nonlicensee, for transfer to another 
                        nonlicensee in attendance at the gun show, for 
                        the purpose of effectuating a sale, trade, or 
                        transfer between the 2 nonlicensees, all in the 
                        manner prescribed for the acquisition and 
                        disposition of a firearm under this chapter; or
                            ``(iii) a nonlicensee person disposing of a 
                        firearm who uses the services of a person 
                        described in clause (i) or (ii);
                shall be entitled to immunity from civil liability 
                action as described in subparagraph (B).
                    ``(C) Prospective actions.--A qualified civil 
                liability action may not be brought in any Federal or 
                State court--
                            ``(i) brought against a transferor 
                        convicted under section 922(h), or a comparable 
                        State felony law, by a person directly harmed 
                        by the transferee's criminal conduct, as 
                        defined in section 922(h); or
                            ``(ii) brought against a transferor for 
                        negligent entrustment or negligence per se.
                    ``(D) Dismissal of pending actions.--A qualified 
                civil liability action that is pending on the date of 
                enactment of this subsection shall be dismissed 
                immediately by the court.
            ``(5) Revocation.--A special license or special 
        registration shall be subject to revocation under procedures 
        provided for revocation of licensees in this chapter.''.
    (b) Penalties.--Section 924(a) of title 18, United States Code, is 
amended by adding at the end the following:
            ``(7) Special licensees; special registrants.--Whoever 
        knowingly violates section 923(m)(1) shall be fined under this 
        title, imprisoned not more than 5 years, or both.''.

SEC. 502. CLARIFICATION OF AUTHORITY TO CONDUCT FIREARM TRANSACTIONS AT 
              GUN SHOWS.

    Section 923 of title 18, United States Code, is amended by striking 
subsection (j) and inserting the following:
    ``(j) Gun Shows.--
            ``(1) In general.--A licensed importer, licensed 
        manufacturer, or licensed dealer may, under regulations 
        promulgated by the Secretary, conduct business at a temporary 
        location, other than the location specified on the license, 
        described in paragraph (2).
            ``(2) Temporary location.--
                    ``(A) In general.--A temporary location referred to 
                in paragraph (1) is a location for a gun show, or for 
                an event in the State specified on the license, at 
                which firearms, firearms accessories and related items 
                may be bought, sold, traded, and displayed, in 
                accordance with Federal, State, and local laws.
                    ``(B) Locations out of state.--If the location is 
                not in the State specified on the license, a licensee 
                may display any firearm, and take orders for a firearm 
                or effectuate the transfer of a firearm, in accordance 
                with this chapter, including paragraph (3) of this 
                subsection.
                    ``(C) Qualified gun shows or events.--A gun show or 
                an event shall qualify as a temporary location if--
                            ``(i) the gun show or event is one which is 
                        sponsored, for profit or not, by an individual, 
                        national, State, or local organization, 
                        association, or other entity to foster the 
                        collecting, competitive use, sporting use, or 
                        any other legal use of firearms; and
                            ``(ii) the gun show or event has 20 percent 
                        or more firearm exhibitors out of all 
                        exhibitors.
                    ``(D) Firearm exhibitor.--The term `firearm 
                exhibitor' means an exhibitor who displays 1 or more 
                firearms (as defined by section 921(a)(3)) and offers 
                such firearms for sale or trade at the gun show or 
                event.
            ``(3) Records.--Records of receipt and disposition of 
        firearms transactions conducted at a temporary location--
                    ``(A) shall include the location of the sale or 
                other disposition;
                    ``(B) shall be entered in the permanent records of 
                the licensee; and
                    ``(C) shall be retained at the location premises 
                specified on the license.
            ``(4) Vehicles.--Nothing in this subsection authorizes a 
        licensee to conduct business in or from any motorized or towed 
        vehicle.
            ``(5) No separate fee.--Notwithstanding subsection (a), a 
        separate fee shall not be required of a licensee with respect 
        to business conducted under this subsection.
            ``(6) Inspections and examinations.--
                    ``(A) At a temporary location.--Any inspection or 
                examination of inventory or records under this chapter 
                by the Secretary at a temporary location shall be 
                limited to inventory consisting of, or records relating 
                to, firearms held or disposed at the temporary 
                location.
                    ``(B) No requirement.--Nothing in this subsection 
                authorizes the Secretary to inspect or examine the 
                inventory or records of a licensed importer, licensed 
                manufacturer, or licensed dealer at any location other 
                than the location specified on the license.
            ``(7) No effect on other rights.--Nothing in this 
        subsection diminishes in any manner any right to display, sell, 
        or otherwise dispose of firearms or ammunition that is in 
        effect before the date of enactment of this subsection, 
        including the right of a licensee to conduct firearms transfers 
        and business away from their business premises with another 
        licensee without regard to whether the location of the business 
        is in the State specified on the license of either licensee.''.

SEC. 503. ``INSTANT CHECK'' GUN TAX AND GUN OWNER PRIVACY.

    (a) Prohibition of Gun Tax.--
            (1) In general.--Chapter 33 of title 28, United States 
        Code, is amended by adding at the end the following:
``Sec. 540B. Prohibition of background check fee
    ``(a) In General.--No officer, employee, or agent of the United 
States, including a State or local officer or employee acting on behalf 
of the United States, may charge or collect any fee in connection with 
any background check required in connection with the transfer of a 
firearm (as defined in section 921(a)(3) of title 18).
    ``(b) Civil Remedies.--Any person aggrieved by a violation of this 
section may bring an action in United States district court for actual 
damages, punitive damages, and such other remedies as the court may 
determine to be appropriate, including a reasonable attorney's fee.''.
            (2) Conforming amendment.--The analysis for chapter 33 of 
        title 28, United States Code, is amended by inserting after the 
        item relating to section 540A the following:

``540B. Prohibition of background check fee.''.
    (b) Protection of Gun Owner Privacy and Ownership Rights.--
            (1) In general.--Chapter 44 of title 18, United States 
        Code, is amended by adding at the end the following:
``Sec. 931. Gun owner privacy and ownership rights
    ``(a) In General.--Notwithstanding any other provision of law, no 
department, agency, or instrumentality of the United States or officer, 
employee, or agent of the United States, including a State or local 
officer or employee acting on behalf of the United States shall--
            ``(1) perform any national instant criminal background 
        check on any person through the system established under 
        section 103 of the Brady Handgun Violence Prevention Act (18 
        U.S.C. 922 note) (referred to in this section as the 
        ``system'') if the system does not require and result in the 
        immediate destruction of all information, in any form 
        whatsoever or through any medium, concerning the person if the 
        person is determined, through the use of the system, not to be 
        prohibited by subsection (g) or (n) of section 922 or by State 
        law from receiving a firearm; or
            ``(2) continue to operate the system (including requiring a 
        background check before the transfer of a firearm) unless--
                    ``(A) the National Instant Check System index 
                complies with the requirements of section 552a(e)(5) of 
                title 5, United States Code; and
                    ``(B) does not invoke the exceptions under 
                subsection (j)(2) or paragraph (2) or (3) of subsection 
                (k) of section 552a of title 5, United States Code, 
                except if specifically identifiable information is 
                compiled for a particular law enforcement investigation 
                or specific criminal enforcement matter.
    ``(b) Applicability.--Subsection (a)(1) does not apply to the 
retention or transfer of information relating to--
            ``(1) any unique identification number provided by the 
        national instant criminal background check system pursuant to 
        section 922(t)(1)(B)(i) of title 18, United States Code; or
            ``(2) the date on which that number is provided.
    ``(c) Civil Remedies.--Any person aggrieved by a violation of this 
section may bring an action in United States district court for actual 
damages, punitive damages, and such other remedies as the court may 
determine to be appropriate, including a reasonable attorney's fee.''.
            (2) Conforming amendment.--The analysis for chapter 44 of 
        title 18, United States Code, is amended by adding at the end 
        the following:

``931. Gun owner privacy and ownership rights.''.
    (c) Provision Relating to Pawn and Other Transactions.--
            (1) Repeal.--Section 655 of title VI of the Treasury and 
        General Governmental Appropriations Act, 1999 (112 Stat. 2681-
        530) is repealed.
            (2) Return of firearm.--Section 922(t)(1) of title 18, 
        United States Code, is amended by inserting ``(other than the 
        return of a firearm to the person from whom it was received)'' 
        before ``to any other person''.

SEC. 504. EFFECTIVE DATE.

    (a) Sections 501 and 502.--The amendments made by sections 501 and 
502 shall take effect on the date that is 90 days after the date of 
enactment of this Act.
    (b) Section 503.--The amendments made by section 503 take effect on 
the date of enactment of this Act, except that the amendment made by 
subsection (a) of that section takes effect on October 1, 1999.

       TITLE VI--RESTRICTING JUVENILE ACCESS TO CERTAIN FIREARMS

SEC. 601. PENALTIES FOR UNLAWFUL ACTS BY JUVENILES.

    (a) Juvenile Weapons Penalties.--Section 924(a) of title 18, United 
States Code, is amended--
            (1) in paragraph (4) by striking ``Whoever'' at the 
        beginning of the first sentence, and inserting in lieu thereof, 
        ``Except as provided in paragraph (6) of this subsection, 
        whoever''; and
            (2) in paragraph (6), by amending it to read as follows:
            ``(6)(A) A juvenile who violates section 922(x) shall be 
        fined under this title, imprisoned not more than 1 year, or 
        both, except--
                    ``(i) a juvenile shall be sentenced to probation on 
                appropriate conditions and shall not be incarcerated 
                unless the juvenile fails to comply with a condition of 
                probation, if--
                            ``(I) the offense of which the juvenile is 
                        charged is possession of a handgun, ammunition, 
                        large capacity ammunition feeding device or a 
                        semiautomatic assault weapon in violation of 
                        section 922(x)(2); and
                            ``(II) the juvenile has not been convicted 
                        in any court of an offense (including an 
                        offense under section 922(x) or a similar State 
                        law, but not including any other offense 
                        consisting of conduct that if engaged in by an 
                        adult would not constitute an offense) or 
                        adjudicated as a juvenile delinquent for 
                        conduct that if engaged in by an adult would 
                        constitute an offense; or
                    ``(ii) a juvenile shall be fined under this title, 
                imprisoned not more than 20 years, or both, if--
                            ``(I) the offense of which the juvenile is 
                        charged is possession of a handgun, ammunition, 
                        large capacity ammunition feeding device or a 
                        semiautomatic assault weapon in violation of 
                        section 922(x)(2); and
                            ``(II) during the same course of conduct in 
                        violating section 922(x)(2), the juvenile 
                        violated section 922(q), with the intent to 
                        carry or otherwise possess or discharge or 
                        otherwise use the handgun, ammunition, large 
                        capacity ammunition feeding device or a 
                        semiautomatic assault weapon in the commission 
                        of a violent felony.
            ``(B) A person other than a juvenile who knowingly violates 
        section 922(x)--
                    ``(i) shall be fined under this title, imprisoned 
                not more than 1 year, or both; and
                    ``(ii) if the person sold, delivered, or otherwise 
                transferred a handgun, ammunition, large capacity 
                ammunition feeding device or a semiautomatic assault 
                weapon to a juvenile knowing or having reasonable cause 
                to know that the juvenile intended to carry or 
                otherwise possess or discharge or otherwise use the 
                handgun, ammunition, large capacity ammunition feeding 
                device or semiautomatic assault weapon in the 
                commission of a violent felony, shall be fined under 
                this title, imprisoned not more than 20 years, or both.
            ``(C) For purposes of this paragraph a `violent felony' 
        means conduct as described in section 924(e)(2)(B) of this 
        title.
            ``(D) Except as otherwise provided in this chapter, in any 
        case in which a juvenile is prosecuted in a district court of 
        the United States, and the juvenile is subject to the penalties 
        under clause (ii) of paragraph (A), the juvenile shall be 
        subject to the same laws, rules, and proceedings regarding 
        sentencing (including the availability of probation, 
        restitution, fines, forfeiture, imprisonment, and supervised 
        release) that would be applicable in the case of an adult. No 
        juvenile sentenced to a term of imprisonment shall be released 
        from custody simply because the juvenile reaches the age of 18 
        years.''.
    (b) Unlawful Weapons Transfers to Juveniles.--Section 922(x) of 
title 18, United States Code, is amended to read as follows:
    ``(x)(1) It shall be unlawful for a person to sell, deliver, or 
otherwise transfer to a person who the transferor knows or has 
reasonable cause to believe is a juvenile--
            ``(A) a handgun;
            ``(B) ammunition that is suitable for use only in a 
        handgun;
            ``(C) a semiautomatic assault weapon; or
            ``(D) a large capacity ammunition feeding device.
    ``(2) It shall be unlawful for any person who is a juvenile to 
knowingly possess--
            ``(A) a handgun;
            ``(B) ammunition that is suitable for use only in a 
        handgun;
            ``(C) a semiautomatic assault weapon; or
            ``(D) a large capacity ammunition feeding device.
    ``(3) This subsection does not apply to--
            ``(A) a temporary transfer of a handgun, ammunition, large 
        capacity ammunition feeding device or a semiautomatic assault 
        weapon to a juvenile or to the possession or use of a handgun, 
        ammunition, large capacity ammunition feeding device or a 
        semiautomatic assault weapon by a juvenile--
                    ``(i) if the handgun, ammunition, large capacity 
                ammunition feeding device or semiautomatic assault 
                weapon are possessed and used by the juvenile--
                            ``(I) in the course of employment,
                            ``(II) in the course of ranching or farming 
                        related to activities at the residence of the 
                        juvenile (or on property used for ranching or 
                        farming at which the juvenile, with the 
                        permission of the property owner or lessee, is 
                        performing activities related to the operation 
                        of the farm or ranch),
                            ``(III) for target practice,
                            ``(IV) for hunting, or
                            ``(V) for a course of instruction in the 
                        safe and lawful use of a firearm;
                    ``(ii) clause (i) shall apply only if the 
                juvenile's possession and use of a handgun, ammunition, 
                large capacity ammunition feeding device or a 
                semiautomatic assault weapon under this subparagraph 
                are in accordance with State and local law, and the 
                following conditions are met--
                            ``(I) except when a parent or guardian of 
                        the juvenile is in the immediate and 
                        supervisory presence of the juvenile, the 
                        juvenile shall have in the juvenile's 
                        possession at all times when a handgun, 
                        ammunition, large capacity ammunition feeding 
                        device or semiautomatic assault weapon is in 
                        the possession of the juvenile, the prior 
                        written consent of the juvenile's parent or 
                        guardian who is not prohibited by Federal, 
                        State, or local law from possessing a firearm 
                        or ammunition; and
                            ``(II) during transportation by the 
                        juvenile directly from the place of transfer to 
                        a place at which an activity described in 
                        clause (i) is to take place the firearm shall 
                        be unloaded and in a locked container or case, 
                        and during the transportation by the juvenile 
                        of that firearm, directly from the place at 
                        which such an activity took place to the 
                        transferor, the firearm shall also be unloaded 
                        and in a locked container or case; or
                            ``(III) with respect to employment, 
                        ranching or farming activities as described in 
                        clause (i), a juvenile may possess and use a 
                        handgun, ammunition, large capacity ammunition 
                        feeding device or a semiautomatic assault rifle 
                        with the prior written approval of the 
                        juvenile's parent or legal guardian, if such 
                        approval is on file with the adult who is not 
                        prohibited by Federal, State, or local law from 
                        possessing a firearm or ammunition and that 
                        person is directing the ranching or farming 
                        activities of the juvenile;
            ``(B) a juvenile who is a member of the Armed Forces of the 
        United States or the National Guard who possesses or is armed 
        with a handgun, ammunition, large capacity ammunition feeding 
        device or semiautomatic assault weapon in the line of duty;
            ``(C) a transfer by inheritance of title (but not 
        possession) of a handgun, ammunition, large capacity ammunition 
        feeding device or a semiautomatic assault weapon to a juvenile; 
        or
            ``(D) the possession of a handgun, ammunition, large 
        capacity ammunition feeding device or a semiautomatic assault 
        weapon taken in lawful defense of the juvenile or other persons 
        in the residence of the juvenile or a residence in which the 
        juvenile is an invited guest.
    ``(4) A handgun, ammunition, large capacity ammunition feeding 
device or a semiautomatic assault weapon, the possession of which is 
transferred to a juvenile in circumstances in which the transferor is 
not in violation of this subsection, shall not be subject to permanent 
confiscation by the Government if its possession by the juvenile 
subsequently becomes unlawful because of the conduct of the juvenile, 
but shall be returned to the lawful owner when such handgun, 
ammunition, large capacity ammunition feeding device or semiautomatic 
assault weapon is no longer required by the Government for the purposes 
of investigation or prosecution.
    ``(5) For purposes of this subsection, the term `juvenile' means a 
person who is less than 18 years of age.
    ``(6)(A) In a prosecution of a violation of this subsection, the 
court shall require the presence of a juvenile defendant's parent or 
legal guardian at all proceedings.
    ``(B) The court may use the contempt power to enforce subparagraph 
(A).
    ``(C) The court may excuse attendance of a parent or legal guardian 
of a juvenile defendant at a proceeding in a prosecution of a violation 
of this subsection for good cause shown.
    ``(7) For purposes of this subsection only, the term `large 
capacity ammunition feeding device' has the same meaning as in section 
921(a)(31) of title 18 and includes similar devices manufactured before 
the effective date of the Violent Crime Control and Law Enforcement Act 
of 1994.''.

SEC. 602. EFFECTIVE DATE.

    This title and the amendments made by this title shall take effect 
180 days after the date of enactment of this Act.

                       TITLE VII--ASSAULT WEAPONS

SEC. 701. SHORT TITLE.

    This Act may be cited as the ``Juvenile Assault Weapon Loophole 
Closure Act of 1999''.

SEC. 702. BAN ON IMPORTING LARGE CAPACITY AMMUNITION FEEDING DEVICES.

    Section 922(w) of title 18, United States Code, is amended--
            (1) in paragraph (1), by striking ``(1) Except as provided 
        in paragraph (2)'' and inserting ``(1)(A) Except as provided in 
        subparagraph (B)'';
            (2) in paragraph (2), by striking ``(2) Paragraph (1)'' and 
        inserting ``(B) Subparagraph (A)'';
            (3) by inserting before paragraph (3) the following new 
        paragraph (2):
    ``(2) It shall be unlawful for any person to import a large 
capacity ammunition feeding device.''; and
            (4) in paragraph (4)--
                    (A) by striking ``(1)'' each place it appears and 
                inserting ``(1)(A)''; and
                    (B) by striking ``(2)'' and inserting ``(1)(B)''.

SEC. 703. DEFINITION OF LARGE CAPACITY AMMUNITION FEEDING DEVICE.

    Section 921(a)(31) of title 18, United States Code, is amended by 
striking ``manufactured after the date of enactment of the Violent 
Crime Control and Law Enforcement Act of 1994''.

SEC. 704. EFFECTIVE DATE.

    This title and the amendments made by this title except sections 
702 and 703 shall take effect 180 days after the date of enactment of 
this Act.

               TITLE VIII--EFFECTIVE GUN LAW ENFORCEMENT

             Subtitle A--Criminal Use of Firearms by Felons

SEC. 801. SHORT TITLE.

    This subtitle may be referred to as the ``Criminal Use of Firearms 
by Felons (CUFF) Act''.

SEC. 802. FINDINGS.

    Congress finds the following:
            (1) Tragedies such as those occurring recently in the 
        communities of Pearl, Mississippi, Paducah, Kentucky, 
        Jonesboro, Arkansas, Springfield, Oregon, and Littleton, 
        Colorado are terrible reminders of the vulnerability of 
        innocent individuals to random and senseless acts of criminal 
        violence.
            (2) The United States Congress has responded to the problem 
        of gun violence by passing numerous criminal statutes and by 
        supporting the development of law enforcement programs designed 
        both to punish the criminal misuse of weapons and also to deter 
        individuals from undertaking illegal acts.
            (3) In 1988, the Administration initiated an innovative 
        program known as Project Achilles. The concept behind the 
        initiative was that the illegal possession of firearms was the 
        Achilles heel or the area of greatest vulnerability of 
        criminals. By aggressively prosecuting criminals with guns in 
        Federal court, the offenders were subject to stiffer penalties 
        and expedited prosecutions. The Achilles program was 
        particularly effective in removing the most violent criminals 
        from our communities.
            (4) In 1991, the Administration expanded its efforts to 
        remove criminals with guns from our streets with Project 
        Triggerlock. Triggerlock continued the ideas formulated in the 
        Achilles program and committed the Department of Justice 
        resources to the prosecution effort. Under the program, every 
        United States Attorney was directed to form special teams of 
        Federal, State, and local investigators to look for gang and 
        drug cases that could be prosecuted as Federal weapon 
        violations. Congress appropriated additional funds to allow a 
        large number of new law enforcement officers and Federal 
        prosecutors to target these gun and drug offenders. In 1992, 
        approximately 7048 defendants were prosecuted under this 
        initiative.
            (5) Since 1993, the number of ``Project Triggerlock'' type 
        gun prosecutions pursued by the Department of Justice has 
        fallen to approximately 3807 prosecutions in 1998. This is a 
        decline of over 40 percent in Federal prosecutions of criminals 
        with guns.
            (6) The threat of criminal prosecution in the Federal 
        criminal justice system works to deter criminal behavior 
        because the Federal system is known for speedier trials and 
        longer prison sentences.
            (7) The deterrent effect of Federal gun prosecutions has 
        been demonstrated recently by successful programs, such as 
        ``Project Exile'' in Richmond, Virginia, which resulted in a 22 
        percent decrease in violent crime since 1994.
            (8) The Department of Justice's failure to prosecute the 
        criminal use of guns under existing Federal law undermines the 
        significant deterrent effect that these laws are meant to 
        produce.
            (9) The Department of Justice already possesses a vast 
        array of Federal criminal statutes that, if used aggressively 
        to prosecute wrongdoers, would significantly reduce both the 
        threat of, and the incidence of, criminal gun violence.
            (10) As an example, the Department of Justice has the 
        statutory authority in section 922(q) of title 18, United 
        States Code, to prosecute individuals who bring guns to school 
        zones. Although the Administration stated that over 6,000 
        students were expelled last year for bringing guns to school, 
        the Justice Department reports prosecuting only 8 cases under 
        section 922(q) in 1998.
            (11) The Department of Justice is also empowered under 
        section 922(x) of title 18, United States Code, to prosecute 
        adults who transfer handguns to juveniles. In 1998, the 
        Department of Justice reports having prosecuted only 6 
        individuals under this provision.
            (12) The Department of Justice's utilization of existing 
        prosecutorial power is 1 of the most significant steps that can 
        be taken to reduce the number of criminal acts involving guns, 
        and represents a better response to the problem of criminal 
        violence than the enactment of new, symbolic laws, which, if 
        current Departmental trends hold, would likely be 
        underutilized.

SEC. 803. CRIMINAL USE OF FIREARMS BY FELONS PROGRAM.

    (a) In General.--Not later than 90 days after the date of enactment 
of this Act, the Attorney General and the Secretary of the Treasury 
shall establish in the jurisdictions specified in subsection (d) a 
program that meets the requirements of subsections (b) and (c). The 
program shall be known as the ``Criminal Use of Firearms by Felons 
(CUFF) Program''.
    (b) Program Elements.--Each program established under subsection 
(a) shall, for the jurisdiction concerned--
            (1) provide for coordination with State and local law 
        enforcement officials in the identification of violations of 
        Federal firearms laws;
            (2) provide for the establishment of agreements with State 
        and local law enforcement officials for the referral to the 
        Bureau of Alcohol, Tobacco, and Firearms and the United States 
        Attorney for prosecution of persons arrested for violations of 
        section 922(a)(6), 922(g)(1), 922(g)(2), 922(g)(3), 922(j), 
        922(q), 922(k), or 924(c) of title 18, United States Code, or 
        section 5861(d) or 5861(h) of the Internal Revenue Code of 
        1986, relating to firearms;
            (3) require that the United States Attorney designate not 
        less than 1 Assistant United States Attorney to prosecute 
        violations of Federal firearms laws;
            (4) provide for the hiring of agents for the Bureau of 
        Alcohol, Tobacco, and Firearms to investigate violations of the 
        provisions referred to in paragraph (2) and section 922(a)(5) 
        of title 18, United States Code, relating to firearms; and
            (5) ensure that each person referred to the United States 
        Attorney under paragraph (2) be charged with a violation of the 
        most serious Federal firearm offense consistent with the act 
        committed.
    (c) Public Education Campaign.--As part of the program for a 
jurisdiction, the United States Attorney shall carry out, in 
cooperation with local civic, community, law enforcement, and religious 
organizations, an extensive media and public outreach campaign focused 
in high-crime areas to--
            (1) educate the public about the severity of penalties for 
        violations of Federal firearms laws; and
            (2) encourage law-abiding citizens to report the possession 
        of illegal firearms to authorities.
    (d) Covered Jurisdictions.--The jurisdictions specified in this 
subsection are the following 25 jurisdictions:
            (1) The 10 jurisdictions with a population equal to or 
        greater than 100,000 persons that had the highest total number 
        of violent crimes according to the FBI uniform crime report for 
        1998.
            (2) The 15 jurisdictions with such a population, other than 
        the jurisdictions covered by paragraph (1), with the highest 
        per capita rate of violent crime according to the FBI uniform 
        crime report for 1998.

SEC. 804. ANNUAL REPORTS.

    Not later than 1 year after the date of enactment of this Act, and 
annually thereafter, the Attorney General shall submit to the 
Committees on the Judiciary of Senate and House of Representatives a 
report containing the following information:
            (1) The number of Assistant United States Attorneys hired 
        under the program under this subtitle during the year preceding 
        the year in which the report is submitted in order to prosecute 
        violations of Federal firearms laws in Federal court.
            (2) The number of individuals indicted for such violations 
        during that year by reason of the program.
            (3) The increase or decrease in the number of individuals 
        indicted for such violations during that year by reason of the 
        program when compared with the year preceding that year.
            (4) The number of individuals held without bond in 
        anticipation of prosecution by reason of the program.
            (5) To the extent information is available, the average 
        length of prison sentence of the individuals convicted of 
        violations of Federal firearms laws by reason of the program.

SEC. 805. AUTHORIZATION OF APPROPRIATIONS.

    (a) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out the program under section 803 $50,000,000 for 
fiscal year 2000, of which--
            (1) $40,000,000 shall be used for salaries and expenses of 
        Assistant United States Attorneys and Bureau of Alcohol, 
        Tobacco, and Firearms agents; and
            (2) $10,000,000 shall be available for the public relations 
        campaign required by subsection (c) of that section.
    (b) Use of Funds.--
            (1) The Assistant United States Attorneys hired using 
        amounts appropriated pursuant to the authorization of 
        appropriations in subsection (a) shall prosecute violations of 
        Federal firearms laws in accordance with section 803(b)(3).
            (2) The Bureau of Alcohol, Tobacco, and Firearms agents 
        hired using amounts appropriated pursuant to the authorization 
        of appropriations in subsection (a) shall, to the maximum 
        extent practicable, concentrate their investigations on 
        violations of Federal firearms laws in accordance with section 
        803(b)(4).
            (3) It is the sense of Congress that amounts made available 
        under this section for the public education campaign required 
        by section 803(c) should, to the maximum extent practicable, be 
        matched with State or local funds or private donations.
    (c) Authorization of Additional Appropriations.--In addition to 
amounts made available under subsection (a), there is authorized to be 
appropriated to the Administrative Office of the United States Courts 
such sums as may be necessary to carry out this subtitle.

   Subtitle B--Apprehension and Treatment of Armed Violent Criminals

SEC. 811. APPREHENSION AND PROCEDURAL TREATMENT OF ARMED VIOLENT 
              CRIMINALS.

    (a) Pretrial Detention For Possession of Firearms or Explosives By 
Convicted Felons.--Section 3156(a)(4) of title 18, United States Code, 
is amended--
            (1) by striking ``or'' at the end of subparagraph (B);
            (2) by striking ``and'' at the end of subparagraph (C) and 
        inserting ``or''; and
            (3) by adding at the end the following:
                    ``(D) an offense that is a violation of section 
                842(i) or 922(g) (relating to possession of explosives 
                or firearms by convicted felons); and''.
    (b) Firearms Possession By Violent Felons and Serious Drug 
Offenders.--Section 924(a)(2) of title 18, United States Code, is 
amended--
            (1) by striking ``Whoever'' and inserting ``(A) Except as 
        provided in subparagraph (B), any person who''; and
            (2) by adding at the end the following:
    ``(B) Notwithstanding any other provision of law, the court shall 
not grant a probationary sentence to a person who has more than 1 
previous conviction for a violent felony or a serious drug offense, 
committed under different circumstances.''.

                Subtitle C--Youth Crime Gun Interdiction

SEC. 821. YOUTH CRIME GUN INTERDICTION INITIATIVE.

    (a) In General.--
            (1) Expansion of number of cities.--The Secretary of the 
        Treasury shall endeavor to expand the number of cities and 
        counties directly participating in the Youth Crime Gun 
        Interdiction Initiative (in this section referred to as the 
        ``YCGII'') to 75 cities or counties by October 1, 2000, to 150 
        cities or counties by October 1, 2002, and to 250 cities or 
        counties by October 1, 2003.
            (2) Selection.--Cities and counties selected for 
        participation in the YCGII shall be selected by the Secretary 
        of the Treasury and in consultation with Federal, State and 
        local law enforcement officials.
    (b) Identification of Individuals.--
            (1) In general.--The Secretary of the Treasury shall, 
        utilizing the information provided by the YCGII, facilitate the 
        identification and prosecution of individuals illegally 
        trafficking firearms to prohibited individuals.
            (2) Sharing of information.--The Secretary of the Treasury 
        shall share information derived from the YCGII with State and 
        local law enforcement agencies through on-line computer access, 
        as soon as such capability is available.
    (c) Grant Awards.--
            (1) In general.--The Secretary of the Treasury shall award 
        grants (in the form of funds or equipment) to States, cities, 
        and counties for purposes of assisting such entities in the 
        tracing of firearms and participation in the YCGII.
            (2) Use of grant funds.--Grants made under this part shall 
        be used to--
                    (A) hire or assign additional personnel for the 
                gathering, submission and analysis of tracing data 
                submitted to the Bureau of Alcohol, Tobacco and 
                Firearms under the YCGII;
                    (B) hire additional law enforcement personnel for 
                the purpose of identifying and arresting individuals 
                illegally trafficking firearms; and
                    (C) purchase additional equipment, including 
                automatic data processing equipment and computer 
                software and hardware, for the timely submission and 
                analysis of tracing data.

                    Subtitle D--Gun Prosecution Data

SEC. 831. COLLECTION OF GUN PROSECUTION DATA.

    (a) Report to Congress.--On February 1, 2000, and on February 1 of 
each year thereafter, the Attorney General shall submit to the 
Committees on the Judiciary and on Appropriations of the Senate and the 
House of Representatives a report of information gathered under this 
section during the fiscal year that ended on September 30 of the 
preceding year.
    (b) Subject of Annual Report.--Not later than 90 days after the 
date of enactment of this Act, the Attorney General shall require each 
component of the Department of Justice, including each United States 
Attorney's Office, to furnish for the purposes of the report described 
in subsection (a), information relating to any case presented to the 
Department of Justice for review or prosecution, in which the objective 
facts of the case provide probable cause to believe that there has been 
a violation of section 922 of title 18, United States Code.
    (c) Elements of Annual Report.--With respect to each case described 
in subsection (b), the report submitted under subsection (a) shall 
include information indicating--
            (1) whether in any such case, a decision has been made not 
        to charge an individual with a violation of section 922 of 
        title 18, United States Code, or any other violation of Federal 
        criminal law;
            (2) in any case described in paragraph (1), the reason for 
        such failure to seek or obtain a charge under section 922 of 
        title 18, United States Code;
            (3) whether in any case described in subsection (b), an 
        indictment, information, or other charge has been brought 
        against any person, or the matter is pending;
            (4) whether, in the case of an indictment, information, or 
        other charge described in paragraph (3), the charging document 
        contains a count or counts alleging a violation of section 922 
        of title 18, United States Code;
            (5) in any case described in paragraph (4) in which the 
        charging document contains a count or counts alleging a 
        violation of section 922 of title 18, United States Code, 
        whether a plea agreement of any kind has been entered into with 
        such charged individual;
            (6) whether any plea agreement described in paragraph (5) 
        required that the individual plead guilty, to enter a plea of 
        nolo contendere, or otherwise caused a court to enter a 
        conviction against that individual for a violation of section 
        922 of title 18, United States Code;
            (7) in any case described in paragraph (6) in which the 
        plea agreement did not require that the individual plead 
        guilty, enter a plea of nolo contendere, or otherwise cause a 
        court to enter a conviction against that individual for a 
        violation of section 922 of title 18, United States Code, 
        identification of the charges to which that individual did 
        plead guilty, and the reason for the failure to seek or obtain 
        a conviction under that section;
            (8) in the case of an indictment, information, or other 
        charge described in paragraph (3), in which the charging 
        document contains a count or counts alleging a violation of 
        section 922 of title 18, United States Code, the result of any 
        trial of such charges (guilty, not guilty, mistrial); and
            (9) in the case of an indictment, information, or other 
        charge described in paragraph (3), in which the charging 
        document did not contain a count or counts alleging a violation 
        of section 922 of title 18, United States Code, the nature of 
        the other charges brought and the result of any trial of such 
        other charges as have been brought (guilty, not guilty, 
        mistrial).

     Subtitle E--Firearms Possession by Violent Juvenile Offenders

SEC. 841. PROHIBITION ON FIREARMS POSSESSION BY VIOLENT JUVENILE 
              OFFENDERS.

    (a) Definition.--Section 921(a)(20) of title 18, United States 
Code, is amended--
            (1) by inserting ``(A)'' after ``(20)'';
            (2) by redesignating subparagraphs (A) and (B) as clauses 
        (i) and (ii), respectively;
            (3) by inserting after subparagraph (A) the following:
    ``(B) For purposes of subsections (d) and (g) of section 922, the 
term `act of violent juvenile delinquency' means an adjudication of 
delinquency in Federal or State court, based on a finding of the 
commission of an act by a person prior to his or her eighteenth 
birthday that, if committed by an adult, would be a serious or violent 
felony, as defined in section 3559(c)(2)(F)(i) had Federal jurisdiction 
existed and been exercised (except that section 3559(c)(3)(A) shall not 
apply to this subparagraph).''; and
            (4) in the undesignated paragraph following subparagraph 
        (B) (as added by paragraph (3) of this subsection), by striking 
        ``What constitutes'' and all that follows through ``this 
        chapter,'' and inserting the following:
    ``(C) What constitutes a conviction of such a crime or an 
adjudication of an act of violent juvenile delinquency shall be 
determined in accordance with the law of the jurisdiction in which the 
proceedings were held. Any State conviction or adjudication of an act 
of violent juvenile delinquency that has been expunged or set aside, or 
for which a person has been pardoned or has had civil rights restored, 
by the jurisdiction in which the conviction or adjudication of an act 
of violent juvenile delinquency occurred shall not be considered to be 
a conviction or adjudication of an act of violent juvenile delinquency 
for purposes of this chapter,''.
    (b) Prohibition.--Section 922 of title 18, United States Code, is 
amended--
            (1) in subsection (d)--
                    (A) in paragraph (8), by striking ``or'' at the 
                end;
                    (B) in paragraph (9), by striking the period at the 
                end and inserting ``; or''; and
                    (C) by inserting after paragraph (9) the following:
            ``(10) has committed an act of violent juvenile 
        delinquency.''; and
            (2) in subsection (g)--
                    (A) in paragraph (8), by striking ``or'' at the 
                end;
                    (B) in paragraph (9), by striking the comma at the 
                end and inserting ``; or''; and
                    (C) by inserting after paragraph (9) the following:
            ``(10) who has committed an act of violent juvenile 
        delinquency,''.
    (c) Effective Date of Adjudication Provisions.--The amendments made 
by this section shall only apply to an adjudication of an act of 
violent juvenile delinquency that occurs after the date that is 30 days 
after the date on which the Attorney General certifies to Congress and 
separately notifies Federal firearms licensees, through publication in 
the Federal Register by the Secretary of the Treasury, that the records 
of such adjudications are routinely available in the national instant 
criminal background check system established under section 103(b) of 
the Brady Handgun Violence Prevention Act.

            Subtitle F--Juvenile Access to Certain Firearms

SEC. 851. PENALTIES FOR FIREARM VIOLATIONS INVOLVING JUVENILES.

    (a) Penalties for Firearm Violations by Juveniles.--Section 924(a) 
of title 18, United States Code, is amended--
            (1) in paragraph (4), by striking ``Whoever'' and inserting 
        ``Except as provided in paragraph (6), whoever''; and
            (2) by striking paragraph (6) and inserting the following:
            ``(6) Transfer to or possession by a juvenile.--
                    ``(A) Definitions of violent felony.--In this 
                paragraph--
                    ``(i) the term `juvenile' has the meaning given the 
                term in section 922(x); and
                    ``(ii) the term `violent felony' has the meaning 
                given the term in subsection (e)(2)(B).
                    ``(B) Possession by a juvenile.--
                            ``(i) In general.--Subject to clauses (ii) 
                        and (iii), a juvenile who violates section 
                        922(x) shall be fined under this title, 
                        imprisoned not more than 5 years, or both.
                            ``(ii) Probation.--Unless clause (iii) 
                        applies and unless a juvenile fails to comply 
                        with a condition of probation, the juvenile may 
                        be sentenced to probation on appropriate 
                        conditions if--
                                    ``(I) the offense with which the 
                                juvenile is charged is possession of a 
                                handgun, ammunition, or semiautomatic 
                                assault weapon in violation of section 
                                922(x)(2); and
                                    ``(II) the juvenile has not been 
                                convicted in any court of an offense 
                                (including an offense under section 
                                922(x) or a similar State law, but not 
                                including any other offense consisting 
                                of conduct that if engaged in by an 
                                adult would not constitute an offense) 
                                or adjudicated as a juvenile delinquent 
                                for conduct that if engaged in by an 
                                adult would constitute an offense.
                            ``(iii) School zones.--A juvenile shall be 
                        fined under this title, imprisoned not more 
                        than 20 years, or both, if--
                                    ``(I) the offense of which the 
                                juvenile is charged is possession of a 
                                handgun, ammunition, or semiautomatic 
                                assault weapon in violation of section 
                                922(x)(2); and
                                    ``(II) during the same course of 
                                conduct in violating section 922(x)(2), 
                                the juvenile violated section 922(q), 
                                with the intent to carry or otherwise 
                                possess or discharge or otherwise use 
                                the handgun, ammunition, or 
                                semiautomatic assault weapon in the 
                                commission of a violent felony.
                    ``(C) Transfer to a juvenile.--A person other than 
                a juvenile who knowingly violates section 922(x)--
                            ``(i) shall be fined under this title, 
                        imprisoned not less than 1 year and not more 
                        than 5 years, or both; or
                            ``(ii) if the person sold, delivered, or 
                        otherwise transferred a handgun, ammunition, or 
                        semiautomatic assault weapon to a juvenile 
                        knowing or having reasonable cause to know that 
                        the juvenile intended to carry or otherwise 
                        possess or discharge or otherwise use the 
                        handgun, ammunition, or semiautomatic assault 
                        weapon in the commission of a violent felony, 
                        shall be fined under this title and imprisoned 
                        not less than 10 and not more than 20 years.
                    ``(D) Cases in united states district court.--
                Except as otherwise provided in this chapter, in any 
                case in which a juvenile is prosecuted in a district 
                court of the United States, and the juvenile is subject 
                to the penalties under subparagraph (B)(iii), the 
                juvenile shall be subject to the same laws, rules, and 
                proceedings regarding sentencing (including the 
                availability of probation, restitution, fines, 
                forfeiture, imprisonment, and supervised release) that 
                would be applicable in the case of an adult.
                    ``(E) No release at age 18.--No juvenile sentenced 
                to a term of imprisonment shall be released from 
                custody solely for the reason that the juvenile has 
                reached the age of 18 years.''.
    (b) Unlawful Weapons Transfers to Juveniles.--Section 922 of title 
18, United States Code, is amended by striking subsection (x) and 
inserting the following:
    ``(x) Juveniles.--
            ``(1) Definition of juvenile.--In this subsection, the term 
        `juvenile' means a person who is less than 18 years of age.
            ``(2) Transfer to juveniles.--It shall be unlawful for a 
        person to sell, deliver, or otherwise transfer to a person who 
        the transferor knows or has reasonable cause to believe is a 
        juvenile--
                    ``(A) a handgun;
                    ``(B) ammunition that is suitable for use only in a 
                handgun; or
                    ``(C) a semiautomatic assault weapon.
            ``(3) Possession by a juvenile.--It shall be unlawful for 
        any person who is a juvenile to knowingly possess--
                    ``(A) a handgun;
                    ``(B) ammunition that is suitable for use only in a 
                handgun; or
                    ``(C) a semiautomatic assault weapon.
            ``(4) Applicability.--
                    ``(A) In general.--This subsection does not apply 
                to--
                            ``(i) if the conditions stated in 
                        subparagraph (B) are met, a temporary transfer 
                        of a handgun, ammunition, or semiautomatic 
                        assault weapon to a juvenile or to the 
                        possession or use of a handgun, ammunition, or 
                        semiautomatic assault weapon by a juvenile if 
                        the handgun, ammunition, or semiautomatic 
                        assault weapon is possessed and used by the 
                        juvenile--
                                    ``(I) in the course of employment;
                                    ``(II) in the course of ranching or 
                                farming related to activities at the 
                                residence of the juvenile (or on 
                                property used for ranching or farming 
                                at which the juvenile, with the 
                                permission of the property owner or 
                                lessee, is performing activities 
                                related to the operation of the farm or 
                                ranch);
                                    ``(III) for target practice;
                                    ``(IV) for hunting; or
                                    ``(V) for a course of instruction 
                                in the safe and lawful use of a 
                                handgun;
                            ``(ii) a juvenile who is a member of the 
                        Armed Forces of the United States or the 
                        National Guard who possesses or is armed with a 
                        handgun, ammunition, or semiautomatic assault 
                        weapon in the line of duty;
                            ``(iii) a transfer by inheritance of title 
                        (but not possession) of handgun, ammunition, or 
                        semiautomatic assault weapon to a juvenile; or
                            ``(iv) the possession of a handgun, 
                        ammunition, or semiautomatic assault weapon 
                        taken in lawful defense of the juvenile or 
                        other persons against an intruder into the 
                        residence of the juvenile or a residence in 
                        which the juvenile is an invited guest.
                    ``(B) Temporary transfers.--Clause (i) shall apply 
                if--
                            ``(i) the juvenile's possession and use of 
                        a handgun, ammunition, or semiautomatic assault 
                        weapon under this paragraph are in accordance 
                        with State and local law; and
                            ``(ii)(I)(aa) except when a parent or 
                        guardian of the juvenile is in the immediate 
                        and supervisory presence of the juvenile, the 
                        juvenile, at all times when a handgun, 
                        ammunition, or semiautomatic assault weapon is 
                        in the possession of the juvenile, has in the 
                        juvenile's possession the prior written consent 
                        of the juvenile's parent or guardian who is not 
                        prohibited by Federal, State, or local law from 
                        possessing a firearm or ammunition; and
                            ``(bb) during transportation by the 
                        juvenile directly from the place of transfer to 
                        a place at which an activity described in item 
                        (aa) is to take place, the firearm is unloaded 
                        and in a locked container or case, and during 
                        the transportation by the juvenile of the 
                        firearm, directly from the place at which such 
                        an activity took place to the transferor, the 
                        firearm is unloaded and in a locked container 
                        or case; or
                            ``(II) with respect to ranching or farming 
                        activities as described in subparagraph 
                        (A)(i)(II)--
                                    ``(aa) a juvenile possesses and 
                                uses a handgun, ammunition, or 
                                semiautomatic assault weapon with the 
                                prior written approval of the 
                                juvenile's parent or legal guardian;
                                    ``(bb) the approval is on file with 
                                an adult who is not prohibited by 
                                Federal, State, or local law from 
                                possessing a firearm or ammunition; and
                                    ``(cc) the adult is directing the 
                                ranching or farming activities of the 
                                juvenile.
            ``(5) Innocent transferors.--A handgun, ammunition, or 
        semiautomatic assault weapon, the possession of which is 
        transferred to a juvenile in circumstances in which the 
        transferor is not in violation under this subsection, shall not 
        be subject to permanent confiscation by the Government if its 
        possession by the juvenile subsequently becomes unlawful 
        because of the conduct of the juvenile, but shall be returned 
        to the lawful owner when the handgun, ammunition, or 
        semiautomatic assault weapon is no longer required by the 
        Government for the purposes of investigation or prosecution.
            ``(6) Attendance by parent or legal guardian as criminal 
        proceedings.--In a prosecution of a violation of this 
        subsection, the court--
                    ``(A) shall require the presence of a juvenile 
                defendant's parent or legal guardian at all 
                proceedings;
                    ``(B) may use the contempt power to enforce 
                subparagraph (A); and
                    ``(C) may excuse attendance of a parent or legal 
                guardian of a juvenile defendant for good cause.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect 180 days after the date of enactment of this Act.

                 Subtitle G--General Firearm Provisions

SEC. 861. NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM 
              IMPROVEMENTS.

    (a) Expedited Action by the Attorney General.--
            (1) In general.--The Attorney General shall expedite--
                    (A) not later than 90 days after the date of 
                enactment of this section, a study of the feasibility 
                of developing--
                            ``(i) a single fingerprint convicted 
                        offender database in the Federal criminal 
                        records system maintained by the Federal Bureau 
                        of Investigation; and
                            (ii) procedures under which a licensed 
                        firearm dealer may voluntarily transmit to the 
                        National Instant Check System a single 
                        digitalized fingerprint for prospective 
                        firearms transferees;
                    (B) the provision of assistance to States, under 
                the Crime Identification Technology Act of 1998 (112 
                Stat. 1871), in gaining access to records in the 
                National Instant Check System disclosing the 
                disposition of State criminal cases; and
                    (C) development of a procedure for the collection 
                of data identifying persons that are prohibited from 
                possessing a firearm by section 922(g) of title 18, 
                United States Code, including persons adjudicated as a 
                mental defective, persons committed to a mental 
                institution, and persons subject to a domestic violence 
                restraining order.
            (2) Considerations.--In developing procedures under 
        paragraph (1), the Attorney General shall consider the privacy 
        needs of individuals.
    (b) Compatibility of Ballistics Information Systems.--The Attorney 
General and the Secretary of the Treasury shall ensure the integration 
and interoperability of ballistics identification systems maintained by 
the Federal Bureau of Investigation and the Bureau of Alcohol, Tobacco, 
and Firearms through the National Integrated Ballistics Information 
Network.
    (c) Forensic Laboratory Inspection.--The Attorney General shall 
provide financial assistance to the American Academy of Forensic 
Science Laboratory Accreditation Board to be used to facilitate 
forensic laboratory inspection activities.
    (d) Relief From Disability Database.--Section 925(c) of title 18, 
United States Code, is amended--
            (1) by striking ``(c) A person'' and inserting the 
        following:
    ``(c) Relief From Disabilities.--
            ``(1) In general.--A person''; and
            (2) by adding at the end the following:
            ``(2) Database.--The Secretary shall establish a database, 
        accessible through the National Instant Check System, 
        identifying persons who have been granted relief from 
        disability under paragraph (1).''.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated for fiscal year 2000--
            (1) to pay the costs of the Federal Bureau of Investigation 
        in operating the National Instant Check System, $68,000,000;
            (2) for payments to States that act as points of contact 
        for access to the National Instant Check System, $40,000,000;
            (3) to carry out subsection (a)(1), $40,000,000;
            (4) to carry out subsection (a)(3), $25,000,000;
            (5) to carry out subsection (b), $1,150,000; and
            (6) to carry out subsection (c), $1,000,000.
    (f) Increased Authorization.--Section 102(e)(1) of the Crime 
Identification Technology Act of 1998 (42 U.S.C. 14601(e)(1)) is 
amended by striking ``this section'' and all that follows and inserting 
``this section--
                    ``(A) $250,000,000 for fiscal year 1999;
                    ``(B) $350,000,000 for each of fiscal years 2000 
                through 2003.''.

                      TITLE IX--ENHANCED PENALTIES

SEC. 901. STRAW PURCHASES.

    (a) In General.--Section 924(a) of title 18, United States Code, is 
amended by adding at the end the following:
            ``(7)(A) Notwithstanding paragraph (2), whoever knowingly 
        violates section 922(a)(6) for the purpose of selling, 
        delivering, or otherwise transferring a firearm, knowing or 
        having reasonable cause to know that another person will carry 
        or otherwise possess or discharge or otherwise use the firearm 
        in the commission of a violent felony, shall be--
                    ``(i) fined under this title, imprisoned not more 
                than 15 years, or both; or
                    ``(ii) imprisoned not less than 10 and not more 
                than 20 years and fined under this title, if the 
                procurement is for a juvenile.
            ``(B) In this paragraph--
                    ``(i) the term `juvenile' has the meaning given the 
                term in section 922(x); and
                    ``(ii) the term `violent felony' has the meaning 
                given the term in subsection (e)(2)(B).''.
    (b) Effective Date.--The amendment made by this section shall take 
effect 180 days after the date of enactment of this Act.

SEC. 902. STOLEN FIREARMS.

    (a) In General.--Section 924 of title 18, United States Code, is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (2), by striking ``(i), (j),''; 
                and
                    (B) by adding at the end the following:
    ``(8) Whoever knowingly violates subsection (i) or (j) of section 
922 shall be fined under this title, imprisoned not more than 15 years, 
or both.'';
            (2) in subsection (i)(1), by striking by striking ``10 
        years, or both'' and inserting ``15 years, or both''; and
            (3) in subsection (l), by striking ``10 years, or both'' 
        and inserting ``15 years, or both''.
    (b) Sentencing Commission.--The United States Sentencing Commission 
shall amend the Federal sentencing guidelines to reflect the amendments 
made by subsection (a).

SEC. 903. INCREASE IN PENALTIES FOR CRIMES INVOLVING FIREARMS.

    Section 924 of title 18, United States Code, is amended--
            (1) in subsection (c)(1)(A)--
                    (A) in clause (iii), by striking ``10 years.'' and 
                inserting ``12 years; and''; and
                    (B) by adding at the end the following:
                            ``(iv) if the firearm is used to injure 
                        another person, be sentenced to a term of 
                        imprisonment of not less than 15 years.''; and
            (2) in subsection (h), by striking ``imprisoned not more 
        than 10 years'' and inserting ``imprisoned not less than 5 
        years and not more than 10 years''.

SEC. 904. INCREASED PENALTIES FOR DISTRIBUTING DRUGS TO MINORS.

    Section 418 of the Controlled Substances Act (21 U.S.C. 859) is 
amended--
            (1) in subsection (a), by striking ``one year'' and 
        inserting ``3 years''; and
            (2) in subsection (b), by striking ``one year'' and 
        inserting ``5 years''.

SEC. 905. INCREASED PENALTY FOR DRUG TRAFFICKING IN OR NEAR A SCHOOL OR 
              OTHER PROTECTED LOCATION.

    Section 419 of the Controlled Substances Act (21 U.S.C. 860) is 
amended--
            (1) in subsection (a), by striking ``one year'' and 
        inserting ``3 years''; and
            (2) in subsection (b), by striking ``three years'' each 
        place that term appears and inserting ``5 years''.

                     TITLE X--CHILD HANDGUN SAFETY

SEC. 1001. SHORT TITLE.

    This title may be cited as the ``Safe Handgun Storage and Child 
Handgun Safety Act of 1999''.

SEC. 1002. PURPOSES.

    The purposes of this title are as follows:
            (1) To promote the safe storage and use of handguns by 
        consumers.
            (2) To prevent unauthorized persons from gaining access to 
        or use of a handgun, including children who may not be in 
        possession of a handgun, unless it is under one of the 
        circumstances provided for in the Youth Handgun Safety Act.
            (3) To avoid hindering industry from supplying law abiding 
        citizens firearms for all lawful purposes, including hunting, 
        self-defense, collecting and competitive or recreational 
        shooting.

SEC. 1003. FIREARMS SAFETY.

    (a) Unlawful Acts.--
            (1) Mandatory transfer of secure gun storage or safety 
        device.--Section 922 of title 18, United States Code, is 
        amended by inserting after subsection (y) the following:
    ``(z) Secure Gun Storage or Safety Device.--
            ``(1) In general.--Except as provided in paragraph (2), it 
        shall be unlawful for any licensed manufacturer, licensed 
        importer, or licensed dealer to sell, deliver, or transfer any 
        handgun to any person other than any person licensed under the 
        provisions of this chapter, unless the transferee is provided 
        with a secure gun storage or safety device, as described in 
        section 921(a)(35) of this chapter, for that handgun.
            ``(2) Exceptions.--Paragraph (1) does not apply to the--
                    ``(A)(i) manufacture for, transfer to, or 
                possession by, the United States or a State or a 
                department or agency of the United States, or a State 
                or a department, agency, or political subdivision of a 
                State, of a handgun; or
                            ``(ii) transfer to, or possession by, a law 
                        enforcement officer employed by an entity 
                        referred to in clause (i) of a handgun for law 
                        enforcement purposes (whether on or off duty); 
                        or
                    ``(B) transfer to, or possession by, a rail police 
                officer employed by a rail carrier and certified or 
                commissioned as a police officer under the laws of a 
                State of a handgun for purposes of law enforcement 
                (whether on or off duty);
                    ``(C) transfer to any person of a handgun listed as 
                a curio or relic by the Secretary pursuant to section 
                921(a)(13); or
                    ``(D) transfer to any person of a handgun for which 
                a secure gun storage or safety device is temporarily 
                unavailable for the reasons described in the exceptions 
                stated in section 923(e): Provided, That the licensed 
                manufacturer, licensed importer, or licensed dealer 
                delivers to the transferee within 10 calendar days from 
                the date of the delivery of the handgun to the 
                transferee a secure gun storage or safety device for 
                the handgun.
            ``(3) Liability for use.--(A) Notwithstanding any other 
        provision of law, a person who has lawful possession and 
        control of a handgun, and who uses a secure gun storage or 
        safety device with the handgun, shall be entitled to immunity 
        from a civil liability action as described in this paragraph.
            ``(B) Prospective actions.--A qualified civil liability 
        action may not be brought in any Federal or State court. The 
        term `qualified civil liability action' means a civil action 
        brought by any person against a person described in 
        subparagraph (A) for damages resulting from the criminal or 
        unlawful misuse of the handgun by a third party, where--
                    ``(i) the handgun was accessed by another person 
                who did not have the permission or authorization of the 
                person having lawful possession and control of the 
                handgun to have access to it; and
                    ``(ii) at the time access was gained by the person 
                not so authorized, the handgun had been made inoperable 
                by use of a secure gun storage or safety device.
        A `qualified civil liability action' shall not include an 
        action brought against the person having lawful possession and 
        control of the handgun for negligent entrustment or negligence 
        per se.''.
    (b) Civil Penalties.--Section 924 of title 18, United States Code, 
is amended--
            (1) in subsection (a)(1), by striking ``or (f)'' and 
        inserting ``(f), or (p)''; and
            (2) by adding at the end the following:
    ``(p) Penalties Relating To Secure Gun Storage or Safety Device.--
            ``(1) In general.--
                    ``(A) Suspension or revocation of license; civil 
                penalties.--With respect to each violation of section 
                922(z)(1) by a licensed manufacturer, licensed 
                importer, or licensed dealer, the Secretary may, after 
                notice and opportunity for hearing--
                            ``(i) suspend for up to six months, or 
                        revoke, the license issued to the licensee 
                        under this chapter that was used to conduct the 
                        firearms transfer; or
                            ``(ii) subject the licensee to a civil 
                        penalty in an amount equal to not more than 
                        $2,500.
                    ``(B) Review.--An action of the Secretary under 
                this paragraph may be reviewed only as provided in 
                section 923(f).
            ``(2) Administrative remedies.--The suspension or 
        revocation of a license or the imposition of a civil penalty 
        under paragraph (1) does not preclude any administrative remedy 
        that is otherwise available to the Secretary.''.
    (c) Liability; Evidence.--
                    (1) Liability.--Nothing in this title shall be 
                construed to--
                    (A) create a cause of action against any Federal 
                firearms licensee or any other person for any civil 
                liability; or
                    (B) establish any standard of care.
            (2) Evidence.--Notwithstanding any other provision of law, 
        evidence regarding compliance or noncompliance with the 
        amendments made by this title shall not be admissible as 
        evidence in any proceeding of any court, agency, board, or 
        other entity, except with respect to an action to enforce 
        paragraphs (1) and (2) of section 922(z), or to give effect to 
        paragraph (3) of section 922(z).
            (3) Rule of construction.--Nothing in this subsection shall 
        be construed to bar a governmental action to impose a penalty 
        under section 924(p) of title 18, United States Code, for a 
        failure to comply with section 922(z) of that title.

SEC. 1004. EFFECTIVE DATE.

    This title and the amendments made by this title shall take effect 
180 days after the date of enactment of this Act.

            TITLE XI--SCHOOL SAFETY AND VIOLENCE PREVENTION

SEC. 1101. SCHOOL SAFETY AND VIOLENCE PREVENTION.

    Title XIV of the Elementary and Secondary Education Act of 1965 (20 
U.S.C. 8801 et seq.) is amended by adding at the end the following:

            ``PART I--SCHOOL SAFETY AND VIOLENCE PREVENTION

``SEC. 14851. SCHOOL SAFETY AND VIOLENCE PREVENTION.

    ``Notwithstanding any other provision of titles IV and VI, funds 
made available under such titles may be used for--
            ``(1) training, including in-service training, for school 
        personnel (including custodians and bus drivers), with respect 
        to--
                    ``(A) identification of potential threats, such as 
                illegal weapons and explosive devices;
                    ``(B) crisis preparedness and intervention 
                procedures; and
                    ``(C) emergency response;
            ``(2) training for parents, teachers, school personnel and 
        other interested members of the community regarding the 
        identification and responses to early warning signs of troubled 
        and violent youth;
            ``(3) innovative research-based delinquency and violence 
        prevention programs, including--
                    ``(A) school anti-violence programs; and
                    ``(B) mentoring programs;
            ``(4) comprehensive school security assessments;
            ``(5) purchase of school security equipment and 
        technologies, such as--
                    ``(A) metal detectors;
                    ``(B) electronic locks; and
                    ``(C) surveillance cameras;
            ``(6) collaborative efforts with community-based 
        organizations, including faith-based organizations, statewide 
        consortia, and law enforcement agencies, that have demonstrated 
        expertise in providing effective, research-based violence 
        prevention and intervention programs to school aged children;
            ``(7) providing assistance to States, local educational 
        agencies, or schools to establish school uniform policies;
            ``(8) school resource officers, including community 
        policing officers; and
            ``(9) other innovative, local responses that are consistent 
        with reducing incidents of school violence and improving the 
        educational atmosphere of the classroom.''.

SEC. 1102. STUDY.

    (a) Study.--The Comptroller General shall carry out a study 
regarding school safety issues, including examining--
            (1) incidents of school-based violence in the United 
        States;
            (2) impediments to combating school-based violence, 
        including local, state, and Federal education and law 
        enforcement impediments;
            (3) promising initiatives for addressing school-based 
        violence;
            (4) crisis preparedness of school personnel;
            (5) preparedness of local, State, and Federal law 
        enforcement to address incidents of school-based violence; and
            (6) evaluating current school violence prevention programs.
    (b) Report.--The Comptroller General shall prepare and submit to 
Congress a report regarding the results of the study conducted under 
paragraph (1).

SEC. 1103. SCHOOL UNIFORMS.

    Part E of title XIV of the Elementary and Secondary Education Act 
of 1965 (20 U.S.C. 8891 et seq.) is amended by adding at the end the 
following:

``SEC. 14515. SCHOOL UNIFORMS.

    ``(a) Construction.--Nothing in this Act shall be construed to 
prohibit any State, local educational agency, or school from 
establishing a school uniform policy.
    ``(b) Funding.--Notwithstanding any other provision of law, funds 
provided under titles IV and VI may be used for establishing a school 
uniform policy.''.

SEC. 1104. TRANSFER OF SCHOOL DISCIPLINARY RECORDS.

    Part F of title XIV of the Elementary and Secondary Education Act 
of 1965 (20 U.S.C. 8921 et seq.) is amended by adding after section 
14603 (20 U.S.C. 8923) the following:

``SEC. 14604. TRANSFER OF SCHOOL DISCIPLINARY RECORDS.

    ``(a) Nonapplication of Provisions.--The provisions of this section 
shall not apply to any disciplinary records transferred from a private, 
parochial, or other nonpublic school, person, institution, or other 
entity, that provides education below the college level.
    ``(b) Disciplinary Records.--Not later than 2 years after the date 
of enactment of the Violent and Repeat Juvenile Offender Accountability 
and Rehabilitation Act of 1999, each State receiving Federal funds 
under this Act shall provide an assurance to the Secretary that the 
State has a procedure in place to facilitate the transfer of 
disciplinary records by local educational agencies to any private or 
public elementary school or secondary school for any student who is 
enrolled or seeks, intends, or is instructed to enroll, full-time or 
part-time, in the school.

SEC. 1105. SCHOOL VIOLENCE RESEARCH.

    The Attorney General shall establish at the National Center for 
Rural Law Enforcement in Little Rock, Arkansas, a research center that 
shall serve as a resource center or clearinghouse for school violence 
research. The research center shall conduct, compile, and publish 
school violence research and otherwise conduct activities related to 
school violence research, including--
            (1) the collection, categorization, and analysis of data 
        from students, schools, communities, parents, law enforcement 
        agencies, medical providers, and others for use in efforts to 
        improve school security and otherwise prevent school violence;
            (2) the identification and development of strategies to 
        prevent school violence; and
            (3) the development and implementation of curricula 
        designed to assist local educational agencies and law 
        enforcement agencies in the prevention of or response to school 
        violence.

SEC. 1106. NATIONAL CHARACTER ACHIEVEMENT AWARD.

    (a) Presentation Authorized.--The President is authorized to award 
to individuals under the age of 18, on behalf of the Congress, a 
National Character Achievement Award, consisting of medal of 
appropriate design, with ribbons and appurtenances, honoring those 
individuals for distinguishing themselves as a model of good character.
    (b) Design and Striking.--For the purposes of the award referred to 
in subsection (a), the Secretary of the Treasury shall design and 
strike a medal with suitable emblems, devices, and inscriptions, to be 
determined by the Secretary.
    (c) Eligibility.--
            (1) In general.--The President pro tempore of the Senate 
        and the Speaker of the House of Representatives shall establish 
        procedures for processing recommendations to be forwarded to 
        the President for awarding National Character Achievement Award 
        under subsection (a).
            (2) Recommendations by school principals.--At a minimum, 
        the recommendations referred to in paragraph (1) shall contain 
        the endorsement of the principal (or equivalent official) of 
        the school in which the individual under the age of 18 is 
        enrolled.

SEC. 1107. NATIONAL COMMISSION ON CHARACTER DEVELOPMENT.

    (a) Establishment.--There is established a commission to be known 
as the National Commission on Character Development (referred to in 
this section as the ``Commission'').
    (b) Membership.--
            (1) Appointing authority.--The Commission shall consist of 
        36 members, of whom--
                    (A) 12 shall be appointed by the President;
                    (B) 12 shall be appointed by the Speaker of the 
                House of Representatives; and
                    (C) 12 shall be appointed by the President pro 
                tempore of the Senate, on the recommendation of the 
                majority and minority leaders of the Senate.
            (2) Composition.--The President, the Speaker of the House 
        of Representatives, and the President pro tempore of the Senate 
        shall each appoint as members of the Commission--
                    (A) 1 parent;
                    (B) 1 student;
                    (C) 2 representatives of the entertainment industry 
                (including the segments of the industry relating to 
                audio, video, and multimedia entertainment);
                    (D) 2 members of the clergy;
                    (E) 2 representatives of the information or 
                technology industry;
                    (F) 1 local law enforcement official;
                    (G) 2 individuals who have engaged in academic 
                research with respect to the impact of cultural 
                influences on child development and juvenile crime; and
                    (H) 1 representative of a grassroots organization 
                engaged in community and child intervention programs.
            (3) Period of appointment.--Members shall be appointed for 
        the life of the Commission. Any vacancy in the Commission shall 
        not affect its powers, but shall be filled in the same manner 
        as the original appointment.
    (c) Duties of the Commission.--
            (1) Study.--The Commission shall study and make 
        recommendations with respect to the impact of current cultural 
        influences (as of the date of the study) on the process of 
        developing and instilling the key aspects of character, which 
        include trustworthiness, honesty, integrity, an ability to keep 
        promises, loyalty, respect, responsibility, fairness, a caring 
        nature, and good citizenship.
            (2) Reports.--
                    (A) Interim reports.--The Commission shall submit 
                to the President and Congress such interim reports 
                relating to the study as the Commission considers to be 
                appropriate.
                    (B) Final report.--Not later than 2 years after the 
                date of the enactment of this Act, the Commission shall 
                submit a final report to the President and Congress 
                that shall contain a detailed statement of the findings 
                and conclusions of the Commission resulting from the 
                study, together with recommendations for such 
                legislation and administrative actions as the 
                Commission considers to be appropriate.
    (d) Chairperson.--The Commission shall select a Chairperson from 
among the members of the Commission.
    (e) Powers of the Commission.--
            (1) Hearings.--The Commission may hold such hearings, sit 
        and act at such times and places, take such testimony, and 
        receive such evidence as the Commission considers advisable to 
        carry out the purposes of this Act.
            (2) Information from federal agencies.--The Commission may 
        secure directly from any Federal department or agency such 
        information as the Commission considers necessary to carry out 
        the provisions of this Act. Upon request of the Chairman of the 
        Commission, the head of such department or agency shall furnish 
        such information to the Commission.
            (3) Postal services.--The Commission may use the United 
        States mails in the same manner and under the same conditions 
        as other departments and agencies of the Federal Government.
            (4) Gifts.--The Commission may accept, use, and dispose of 
        gifts or donations of services or property.
    (f) Commission Personnel Matters.--
            (1) Travel expenses.--The members of the Commission shall 
        not receive compensation for the performance of services for 
        the Commission, but shall be allowed travel expenses, including 
        per diem in lieu of subsistence, at rates authorized for 
        employees of agencies under subchapter I of chapter 57 of title 
        5, United States Code, while away from their homes or regular 
        places of business in the performance of services for the 
        Commission.
            (2) Detail of government employees.--Any Federal Government 
        employee may be detailed to the Commission without 
        reimbursement, and the detail shall be without interruption or 
        loss of civil service status or privilege.
    (g) Permanent Commission.--Section 14 of the Federal Advisory 
Committee Act (5 U.S.C. App.) shall not apply to the Commission.
    (h) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section such sums as may be necessary 
for each of fiscal years 2000 and 2001.

SEC. 1108. JUVENILE ACCESS TO TREATMENT.

    (a) Coordinated Juvenile Services Grants.--Title II of the Juvenile 
Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5611 et seq.) 
is amended by inserting after section 205 the following:

``SEC. 205A. COORDINATED JUVENILE SERVICES GRANTS.

    ``(a) In General.--The Attorney General, in consultation with the 
Secretary of Health and Human Services, working in conjunction with the 
Center for Substance Abuse of the Substance Abuse and Mental Health 
Services Administration, may make grants to a consortium within a State 
of State or local juvenile justice agencies or State or local substance 
abuse and mental health agencies, and child service agencies to 
coordinate the delivery of services to children among these agencies. 
Any public agency may serve as the lead entity for the consortium.
    ``(b) Use of Funds.--A consortium described in subsection (a) that 
receives a grant under this section shall use the grant for the 
establishment and implementation of programs that address the service 
needs of adolescents with substance abuse or mental health treatment 
problems, including those who come into contact with the justice system 
by requiring the following:
            ``(1) Collaboration across child serving systems, including 
        juvenile justice agencies, relevant public and private 
        substance abuse and mental health treatment providers, and 
        State or local educational entities and welfare agencies.
            ``(2) Appropriate screening and assessment of juveniles.
            ``(3) Individual treatment plans.
            ``(4) Significant involvement of juvenile judges where 
        appropriate.
    ``(c) Application for Coordinated Juvenile Services Grant.--
            ``(1) In general.--A consortium described in subsection (a) 
        desiring to receive a grant under this section shall submit an 
        application containing such information as the Administrator 
        may prescribe.
            ``(2) Contents.--In addition to guidelines established by 
        the Administrator, each application submitted under paragraph 
        (1) shall provide--
                    ``(A) certification that there has been appropriate 
                consultation with all affected agencies and that there 
                will be appropriate coordination with all affected 
                agencies in the implementation of the program;
                    ``(B) for the regular evaluation of the program 
                funded by the grant and describe the methodology that 
                will be used in evaluating the program;
                    ``(C) assurances that the proposed program or 
                activity will not supplant similar programs and 
                activities currently available in the community; and
                    ``(D) specify plans for obtaining necessary support 
                and continuing the proposed program following the 
                conclusion of Federal support.
            ``(3) Federal share.--The Federal share of a grant under 
        this section shall not exceed 75 percent of the cost of the 
        program.
    ``(d) Report.--Each recipient of a grant under this section during 
a fiscal year shall submit to the Attorney General a report regarding 
the effectiveness of programs established with the grant on the date 
specified by the Attorney General.
    ``(e) Funding.--Grants under this section shall be considered an 
allowable use under section 205(a) and subtitle B.''.

SEC. 1109. BACKGROUND CHECKS.

    Section 5(9) of the National Child Protection Act of 1993 (42 
U.S.C. 5119c(9)) is amended--
            (1) in subparagraph (A)(i), by inserting ``(including an 
        individual who is employed by a school in any capacity, 
        including as a child care provider, a teacher, or another 
        member of school personnel)'' before the semicolon; and
            (2) in subparagraph (B)(i), by inserting ``(including an 
        individual who seeks to be employed by a school in any 
        capacity, including as a child care provider, a teacher, or 
        another member of school personnel)'' before the semicolon.

SEC. 1110. DRUG TESTS.

    (a) Short Title.--This section may be cited as the ``School 
Violence Prevention Act''.
    (b) Amendment.--Section 4116(b) of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7116(b)) is amended--
            (1) in paragraph (9), by striking ``and'' after the 
        semicolon;
            (2) by redesignating paragraph (10) as paragraph (11); and
            (3) by inserting after paragraph (9) the following:
            ``(10) consistent with the fourth amendment to the 
        Constitution of the United States, testing a student for 
        illegal drug use, including at the request of or with the 
        consent of a parent or legal guardian of the student, if the 
        local educational agency elects to so test; and''.

SEC. 1111. SENSE OF THE SENATE.

    It is the sense of the Senate that States receiving Federal 
elementary and secondary education funding should require local 
educational agencies to conduct, for each of their employees 
(regardless of when hired) and prospective employees, a nationwide 
background check for the purpose of determining whether the employee 
has been convicted of a crime that bears upon his fitness to have 
responsibility for the safety or well-being of children, to serve in 
the particular capacity in which he is (or is to be) employed, or 
otherwise to be employed at all thereby.

              TITLE XII--TEACHER LIABILITY PROTECTION ACT

SEC. 1201. SHORT TITLE.

    This title may be cited as the ``Teacher Liability Protection Act 
of 1999''.

SEC. 1202. FINDINGS AND PURPOSE.

    (a) Findings.--Congress makes the following findings:
            (1) The ability of teachers, principals and other school 
        professionals to teach, inspire and shape the intellect of our 
        Nation's elementary and secondary school students is deterred 
        and hindered by frivolous lawsuits and litigation.
            (2) Each year more and more teachers, principals and other 
        school professionals face lawsuits for actions undertaken as 
        part of their duties to provide millions of school children 
        quality educational opportunities.
            (3) Too many teachers, principals and other school 
        professionals face increasingly severe and random acts of 
        violence in the classroom and in schools.
            (4) Providing teachers, principals and other school 
        professionals a safe and secure environment is an important 
        part of the effort to improve and expand educational 
        opportunities.
            (5) Clarifying and limiting the liability of teachers, 
        principals and other school professionals who undertake 
        reasonable actions to maintain order, discipline and an 
        appropriate educational environment is an appropriate subject 
        of Federal legislation because--
                    (A) the national scope of the problems created by 
                the legitimate fears of teachers, principals and other 
                school professionals about frivolous, arbitrary or 
                capricious lawsuits against teachers; and
                    (B) millions of children and their families across 
                the Nation depend on teachers, principals and other 
                school professionals for the intellectual development 
                of the children.
    (b) Purpose.--The purpose of this title is to provide teachers, 
principals and other school professionals the tools they need to 
undertake reasonable actions to maintain order, discipline and an 
appropriate educational environment.

SEC. 1203. PREEMPTION AND ELECTION OF STATE NONAPPLICABILITY.

    (a) Preemption.--This title preempts the laws of any State to the 
extent that such laws are inconsistent with this title, except that 
this title shall not preempt any State law that provides additional 
protection from liability relating to teachers.
    (b) Election of State Regarding Nonapplicability.--This title shall 
not apply to any civil action in a State court against a teacher in 
which all parties are citizens of the State if such State enacts a 
statute in accordance with State requirements for enacting 
legislation--
            (1) citing the authority of this subsection;
            (2) declaring the election of such State that this title 
        shall not apply, as of a date certain, to such civil action in 
        the State; and
            (3) containing no other provisions.

SEC. 1204. LIMITATION ON LIABILITY FOR TEACHERS.

    (a) Liability Protection for Teachers.--Except as provided in 
subsections (b) and (d), no teacher in a school shall be liable for 
harm caused by an act or omission of the teacher on behalf of the 
school if--
            (1) the teacher was acting within the scope of the 
        teacher's employment or responsibilities related to providing 
        educational services;
            (2) the actions of the teacher were carried out in 
        conformity with local, state, or federal laws, rules or 
        regulations in furtherance of efforts to control, discipline, 
        expel, or suspend a student or maintain order or control in the 
        classroom or school;
            (3) if appropriate or required, the teacher was properly 
        licensed, certified, or authorized by the appropriate 
        authorities for the activities or practice in the State in 
        which the harm occurred, where the activities were or practice 
        was undertaken within the scope of the teacher's 
        responsibilities;
            (4) the harm was not caused by willful or criminal 
        misconduct, gross negligence, reckless misconduct, or a 
        conscious, flagrant indifference to the rights or safety of the 
        individual harmed by the teacher; and
            (5) the harm was not caused by the teacher operating a 
        motor vehicle, vessel, aircraft, or other vehicle for which the 
        State requires the operator or the owner of the vehicle, craft, 
        or vessel to--
                    (A) possess an operator's license; or
                    (B) maintain insurance.
    (b) Concerning Responsibility of Teachers to Schools and 
Governmental Entities.--Nothing in this section shall be construed to 
affect any civil action brought by any school or any governmental 
entity against any teacher of such school.
    (c) No Effect on Liability of School or Governmental Entity.--
Nothing in this section shall be construed to affect the liability of 
any school or governmental entity with respect to harm caused to any 
person.
    (d) Exceptions to Teacher Liability Protection.--If the laws of a 
State limit teacher liability subject to one or more of the following 
conditions, such conditions shall not be construed as inconsistent with 
this section:
            (1) A State law that requires a school or governmental 
        entity to adhere to risk management procedures, including 
        mandatory training of teachers.
            (2) A State law that makes the school or governmental 
        entity liable for the acts or omissions of its teachers to the 
        same extent as an employer is liable for the acts or omissions 
        of its employees.
            (3) A State law that makes a limitation of liability 
        inapplicable if the civil action was brought by an officer of a 
        State or local government pursuant to State or local law.
    (e) Limitation on Punitive Damages Based on the Actions of 
Teachers.--
            (1) General rule.--Punitive damages may not be awarded 
        against a teacher in an action brought for harm based on the 
        action of a teacher acting within the scope of the teacher's 
        responsibilities to a school or governmental entity unless the 
        claimant establishes by clear and convincing evidence that the 
        harm was proximately caused by an action of such teacher which 
        constitutes willful or criminal misconduct, or a conscious, 
        flagrant indifference to the rights or safety of the individual 
        harmed.
            (2) Construction.--Paragraph (1) does not create a cause of 
        action for punitive damages and does not preempt or supersede 
        any Federal or State law to the extent that such law would 
        further limit the award of punitive damages.
    (f) Exceptions to Limitations on Liability.--
            (1) In general.--The limitations on the liability of a 
        teacher under this title shall not apply to any misconduct 
        that--
                    (A) constitutes a crime of violence (as that term 
                is defined in section 16 of title 18, United States 
                Code) or act of international terrorism (as that term 
                is defined in section 2331 of title 18, United States 
                Code) for which the defendant has been convicted in any 
                court;
                    (B) involves a sexual offense, as defined by 
                applicable State law, for which the defendant has been 
                convicted in any court;
                    (C) involves misconduct for which the defendant has 
                been found to have violated a Federal or State civil 
                rights law; or
                    (D) where the defendant was under the influence (as 
                determined pursuant to applicable State law) of 
                intoxicating alcohol or any drug at the time of the 
                misconduct.
            (2) Rule of construction.--Nothing in this subsection shall 
        be construed to effect subsection (a)(3) or (e).

SEC. 1205. LIABILITY FOR NONECONOMIC LOSS.

    (a) General Rule.--In any civil action against a teacher, based on 
an action of a teacher acting within the scope of the teacher's 
responsibilities to a school or governmental entity, the liability of 
the teacher for noneconomic loss shall be determined in accordance with 
subsection (b).
    (b) Amount of Liability.--
            (1) In general.--Each defendant who is a teacher, shall be 
        liable only for the amount of noneconomic loss allocated to 
        that defendant in direct proportion to the percentage of 
        responsibility of that defendant (determined in accordance with 
        paragraph (2)) for the harm to the claimant with respect to 
        which that defendant is liable. The court shall render a 
        separate judgment against each defendant in an amount 
        determined pursuant to the preceding sentence.
            (2) Percentage of responsibility.--For purposes of 
        determining the amount of noneconomic loss allocated to a 
        defendant who is a teacher under this section, the trier of 
        fact shall determine the percentage of responsibility of that 
        defendant for the claimant's harm.

SEC. 1206. DEFINITIONS.

    For purposes of this title:
            (1) Economic loss.--The term ``economic loss'' means any 
        pecuniary loss resulting from harm (including the loss of 
        earnings or other benefits related to employment, medical 
        expense loss, replacement services loss, loss due to death, 
        burial costs, and loss of business or employment opportunities) 
        to the extent recovery for such loss is allowed under 
        applicable State law.
            (2) Harm.--The term ``harm'' includes physical, 
        nonphysical, economic, and noneconomic losses.
            (3) Noneconomic losses.--The term ``noneconomic losses'' 
        means losses for physical and emotional pain, suffering, 
        inconvenience, physical impairment, mental anguish, 
        disfigurement, loss of enjoyment of life, loss of society and 
        companionship, loss of consortium (other than loss of domestic 
        service), hedonic damages, injury to reputation and all other 
        nonpecuniary losses of any kind or nature.
            (4) School.--The term ``school'' means a public or private 
        kindergarten, a public or private elementary school or 
        secondary school (as defined in section 14101 of the Elementary 
        and Secondary Education Act of 1965 (20 U.S.C. 8801)), or a 
        home school.
            (5) State.--The term ``State'' means each of the several 
        States of the United States, the District of Columbia, the 
        Commonwealth of Puerto Rico, the United States Virgin Islands, 
        Guam, American Samoa, the Commonwealth of the Northern Mariana 
        Islands, any other territory or possession of the United 
        States, or any political subdivision of any such State, 
        territory, or possession.
            (6) Teacher.--The term ``teacher'' means a teacher, 
        instructor, principal, administrator, or other educational 
        professional, that works in a school.

SEC. 1207. EFFECTIVE DATE.

    (a) In General.--This title shall take effect 90 days after the 
date of enactment of this Act.
    (b) Application.--This title applies to any claim for harm caused 
by an act or omission of a teacher where that claim is filed on or 
after the effective date of this Act, without regard to whether the 
harm that is the subject of the claim or the conduct that caused the 
harm occurred before such effective date.

 TITLE XIII--VIOLENCE PREVENTION TRAINING FOR EARLY CHILDHOOD EDUCATORS

SEC. 1301. SHORT TITLE.

    This title may be cited as the ``Violence Prevention Training for 
Early Childhood Educators Act''.

SEC. 1302. PURPOSE.

    The purpose of this title is to provide grants to institutions that 
carry out early childhood education training programs to enable the 
institutions to include violence prevention training as part of the 
preparation of individuals pursuing careers in early childhood 
development and education.

SEC. 1303. FINDINGS.

    Congress makes the following findings:
            (1) Aggressive behavior in early childhood is the single 
        best predictor of aggression in later life.
            (2) Aggressive and defiant behavior predictive of later 
        delinquency is increasing among our Nation's youngest children. 
        Without prevention efforts, higher percentages of juveniles are 
        likely to become violent juvenile offenders.
            (3) Research has demonstrated that aggression is primarily 
        a learned behavior that develops through observation, 
        imitation, and direct experience. Therefore, children who 
        experience violence as victims or as witnesses are at increased 
        risk of becoming violent themselves.
            (4) In a study at a Boston city hospital, 1 out of every 10 
        children seen in the primary care clinic had witnessed a 
        shooting or a stabbing before the age of 6, with 50 percent of 
        the children witnessing in the home and 50 percent of the 
        children witnessing in the streets.
            (5) A study in New York found that children who had been 
        victims of violence within their families were 24 percent more 
        likely to report violent behavior as adolescents, and 
        adolescents who had grown up in families where partner violence 
        occurred were 21 percent more likely to report violent 
        delinquency than individuals not exposed to violence.
            (6) Aggression can become well-learned and difficult to 
        change by the time a child reaches adolescence. Early childhood 
        offers a critical period for overcoming risk for violent 
        behavior and providing support for prosocial behavior.
            (7) Violence prevention programs for very young children 
        yield economic benefits. By providing health and stability to 
        the individual child and the child's family, the programs may 
        reduce expenditures for medical care, special education, and 
        involvement with the judicial system.
            (8) Primary prevention can be effective. When preschool 
        teachers teach young children interpersonal problem-solving 
        skills and other forms of conflict resolution, children are 
        less likely to demonstrate problem behaviors.
            (9) There is evidence that family support programs in 
        families with children from birth through 5 years of age are 
        effective in preventing delinquency.

SEC. 1304. DEFINITIONS.

    In this title:
            (1) At-risk child.--The term ``at-risk child'' means a 
        child who has been affected by violence through direct exposure 
        to child abuse, other domestic violence, or violence in the 
        community.
            (2) Early childhood education training program.--The term 
        ``early childhood education training program'' means a program 
        that--
                    (A)(i) trains individuals to work with young 
                children in early child development programs or 
                elementary schools; or
                    (ii) provides professional development to 
                individuals working in early child development programs 
                or elementary schools;
                    (B) provides training to become an early childhood 
                education teacher, an elementary school teacher, a 
                school counselor, or a child care provider; and
                    (C) leads to a bachelor's degree or an associate's 
                degree, a certificate for working with young children 
                (such as a Child Development Associate's degree or an 
                equivalent credential), or, in the case of an 
                individual with such a degree, certificate, or 
                credential, provides professional development.
            (3) Elementary school.--The term ``elementary school'' has 
        the meaning given the term in section 14101 of the Elementary 
        and Secondary Education Act of 1965 (20 U.S.C. 8801).
            (4) Violence prevention.--The term ``violence prevention'' 
        means--
                    (A) preventing violent behavior in children;
                    (B) identifying and preventing violent behavior in 
                at-risk children; or
                    (C) identifying and ameliorating violent behavior 
                in children who act out violently.

SEC. 1305. PROGRAM AUTHORIZED.

    (a) Grant Authority.--The Secretary of Education is authorized to 
award grants to institutions that carry out early childhood education 
training programs and have applications approved under section 1306 to 
enable the institutions to provide violence prevention training as part 
of the early childhood education training program.
    (b) Amount.--The Secretary of Education shall award a grant under 
this title in an amount that is not less than $500,000 and not more 
than $1,000,000.
    (c) Duration.--The Secretary of Education shall award a grant under 
this title for a period of not less than 3 years and not more than 5 
years.

SEC. 1306. APPLICATION.

    (a) Application Required.--Each institution desiring a grant under 
this title shall submit to the Secretary of Education an application at 
such time, in such manner, and accompanied by such information as the 
Secretary of Education may require.
    (b) Contents.--Each application shall--
            (1) describe the violence prevention training activities 
        and services for which assistance is sought;
            (2) contain a comprehensive plan for the activities and 
        services, including a description of--
                    (A) the goals of the violence prevention training 
                program;
                    (B) the curriculum and training that will prepare 
                students for careers which are described in the plan;
                    (C) the recruitment, retention, and training of 
                students;
                    (D) the methods used to help students find 
                employment in their fields;
                    (E) the methods for assessing the success of the 
                violence prevention training program; and
                    (F) the sources of financial aid for qualified 
                students;
            (3) contain an assurance that the institution has the 
        capacity to implement the plan; and
            (4) contain an assurance that the plan was developed in 
        consultation with agencies and organizations that will assist 
        the institution in carrying out the plan.

SEC. 1307. SELECTION PRIORITIES.

    The Secretary of Education shall give priority to awarding grants 
to institutions carrying out violence prevention programs that include 
1 or more of the following components:
            (1) Preparation to engage in family support (such as parent 
        education, service referral, and literacy training).
            (2) Preparation to engage in community outreach or 
        collaboration with other services in the community.
            (3) Preparation to use conflict resolution training with 
        children.
            (4) Preparation to work in economically disadvantaged 
        communities.
            (5) Recruitment of economically disadvantaged students.
            (6) Carrying out programs of demonstrated effectiveness in 
        the type of training for which assistance is sought, including 
        programs funded under section 596 of the Higher Education Act 
        of 1965 (as such section was in effect prior to October 7, 
        1998).

SEC. 1308. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this title 
$15,000,000 for each of the fiscal years 2000 through 2004.

 TITLE XIV--PREVENTING JUVENILE DELINQUENCY THROUGH CHARACTER EDUCATION

SEC. 1401. PURPOSE.

    The purpose of this title is to support the work of community-based 
organizations, local educational agencies, and schools in providing 
children and youth with alternatives to delinquency through strong 
school-based and after school programs that--
            (1) are organized around character education;
            (2) reduce delinquency, school discipline problems, and 
        truancy; and
            (3) improve student achievement, overall school 
        performance, and youths' positive involvement in their 
        community.

SEC. 1402. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated--
            (1) $15,000,000 for fiscal year 2000, and such sums as may 
        be necessary for each of the 4 succeeding fiscal years, to 
        carry out school-based programs under section 1403; and
            (2) $10,000,000 for fiscal year 2000, and such sums as may 
        be necessary for each of the 4 succeeding fiscal years, to 
        carry out the after school programs under section 1404.
    (b) Source of Funding.--Amounts authorized to be appropriated 
pursuant to this section may be derived from the Violent Crime 
Reduction Trust Fund.

SEC. 1403. SCHOOL-BASED PROGRAMS.

    (a) In General.--The Secretary, in consultation with the Attorney 
General, is authorized to award grants to schools, or local educational 
agencies that enter into a partnership with a school, to support the 
development of character education programs in the schools in order 
to--
            (1) reduce delinquency, school discipline problems, and 
        truancy; and
            (2) improve student achievement, overall school 
        performance, and youths' positive involvement in their 
        community.
    (b) Applications.--Each school or local educational agency desiring 
a grant under this section shall submit an application to the Secretary 
at such time and in such manner as the Secretary may require.
            (1) Contents.--Each application shall include--
                    (A) a description of the community to be served and 
                the needs that will be met with the program in that 
                community;
                    (B) a description of how the program will reach 
                youth at-risk of delinquency;
                    (C) a description of the activities to be assisted, 
                including--
                            (i) how parents, teachers, students, and 
                        other members of the community will be involved 
                        in the design and implementation of the 
                        program;
                            (ii) the character education program to be 
                        implemented, including methods of teacher 
                        training and parent education that will be used 
                        or developed; and
                            (iii) how the program will coordinate 
                        activities assisted under this section with 
                        other youth serving activities in the larger 
                        community;
                    (D) a description of the goals of the program;
                    (E) a description of how progress toward the goals, 
                and toward meeting the purposes of this title, will be 
                measured; and
                    (F) an assurance that the school or local 
                educational agency will provide the Secretary with 
                information regarding the program and the effectiveness 
                of the program.

SEC. 1404. AFTER SCHOOL PROGRAMS.

    (a) In General.--The Secretary, in consultation with the Attorney 
General, is authorized to award grants to community-based organizations 
to enable the organizations to provide youth with alternative 
activities, in the after school or out of school hours, that include a 
strong character education component.
    (b) Eligible Community-Based Organizations.--The Secretary only 
shall award a grant under this section to a community-based 
organization that has a demonstrated capacity to provide after school 
or out of school programs to youth, including youth serving 
organizations, businesses, and other community groups.
    (c) Applications.--Each community-based organization desiring a 
grant under this section shall submit an application to the Secretary 
at such time and in such manner as the Secretary may require. Each 
application shall include--
            (1) a description of the community to be served and the 
        needs that will be met with the program in that community;
            (2) a description of how the program will identify and 
        recruit at-risk youth for participation in the program, and 
        will provide continuing support for their participation;
            (3) a description of the activities to be assisted, 
        including--
                    (A) how parents, students, and other members of the 
                community will be involved in the design and 
                implementation of the program;
                    (B) how character education will be incorporated 
                into the program; and
                    (C) how the program will coordinate activities 
                assisted under this section with activities of schools 
                and other community-based organizations;
            (4) a description of the goals of the program;
            (5) a description of how progress toward the goals, and 
        toward meeting the purposes of this title, will be measured; 
        and
            (6) an assurance that the community-based organization will 
        provide the Secretary with information regarding the program 
        and the effectiveness of the program.

SEC. 1405. GENERAL PROVISIONS.

    (a) Duration.--Each grant under this title shall be awarded for a 
period of not to exceed 5 years.
    (b) Planning.--A school, local educational agency or community-
based organization may use grant funds provided under this title for 
not more than 1 year for the planning and design of the program to be 
assisted.
    (c) Selection of Grantees.--
            (1) Criteria.--The Secretary, in consultation with the 
        Attorney General, shall select, through a peer review process, 
        community-based organizations, schools, and local educational 
        agencies to receive grants under this title on the basis of the 
        quality of the applications submitted and taking into 
        consideration such factors as--
                    (A) the quality of the activities to be assisted;
                    (B) the extent to which the program fosters in 
                youth the elements of character and reaches youth at-
                risk of delinquency;
                    (C) the quality of the plan for measuring and 
                assessing the success of the program;
                    (D) the likelihood the goals of the program will be 
                realistically achieved;
                    (E) the experience of the applicant in providing 
                similar services; and
                    (F) the coordination of the program with larger 
                community efforts in character education.
            (2) Diversity of projects.--The Secretary shall approve 
        applications under this title in a manner that ensures, to the 
        extent practicable, that programs assisted under this title 
        serve different areas of the United States, including urban, 
        suburban and rural areas, and serve at-risk populations.
    (d) Use of Funds.--Grant funds under this title shall be used to 
support the work of community-based organizations, schools, or local 
educational agencies in providing children and youth with alternatives 
to delinquency through strong school-based, after school, or out of 
school programs that--
            (1) are organized around character education;
            (2) reduce delinquency, school discipline problems, and 
        truancy; and
            (3) improve student achievement, overall school 
        performance, and youths' positive involvement in their 
        community.
    (d) Definitions.--
            (1) In general.--The terms used in this Act have the 
        meanings given the terms in section 14101 of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 8801).
            (2) Character education.--The term ``character education'' 
        means an organized educational program that works to reinforce 
        core elements of character, including caring, civic virtue and 
        citizenship, justice and fairness, respect, responsibility, and 
        trustworthiness.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Education.

       TITLE XV--VIOLENT OFFENDER DNA IDENTIFICATION ACT OF 1999

SEC. 1501. SHORT TITLE.

    This title may be cited as the ``Violent Offender DNA 
Identification Act of 1999''.

SEC. 1502. ELIMINATION OF CONVICTED OFFENDER DNA BACKLOG.

    (a) Development of Plan.--
            (1) In general.--Not later than 45 days after the date of 
        enactment of this Act, the Director of the Federal Bureau of 
        Investigation, in coordination with the Assistant Attorney 
        General of the Office of Justice Programs at the Department of 
        Justice, and after consultation with representatives of State 
        and local forensic laboratories, shall develop a voluntary plan 
        to assist State and local forensic laboratories in performing 
        DNA analyses of DNA samples collected from convicted offenders.
            (2) Objective.--The objective of the plan developed under 
        paragraph (1) shall be to effectively eliminate the backlog of 
        convicted offender DNA samples awaiting analysis in State or 
        local forensic laboratory storage, including samples that need 
        to be reanalyzed using upgraded methods, in an efficient, 
        expeditious manner that will provide for their entry into the 
        Combined DNA Indexing System (CODIS).
    (b) Plan Conditions.--The plan developed under subsection (a) 
shall--
            (1) require that each laboratory performing DNA analyses 
        satisfy quality assurance standards and utilize state-of-the-
        art testing methods, as set forth by the Director of the 
        Federal Bureau of Investigation, in coordination with the 
        Assistant Attorney General of the Office of Justice Programs of 
        the Department of Justice; and
            (2) require that each DNA sample collected and analyzed be 
        accessible only--
                    (A) to criminal justice agencies for law 
                enforcement identification purposes;
                    (B) in judicial proceedings, if otherwise 
                admissible pursuant to applicable statutes or rules;
                    (C) for criminal defense purposes, to a defendant, 
                who shall have access to samples and analyses performed 
                in connection with the case in which such defendant is 
                charged; or
                    (D) if personally identifiable information is 
                removed, for a population statistics database, for 
                identification research and protocol development 
                purposes, or for quality control purposes.
    (c) Implementation of Plan.--Subject to the availability of 
appropriations under subsection (d), the Director of the Federal Bureau 
of Investigation, in coordination with the Assistant Attorney General 
of the Office of Justice Programs at the Department of Justice, shall 
implement the plan developed pursuant to subsection (a) with State and 
local forensic laboratories that elect to participate.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to the Department of Justice to carry out this section 
$15,000,000 for each of fiscal years 2000 and 2001.

SEC. 1503. DNA IDENTIFICATION OF FEDERAL, DISTRICT OF COLUMBIA, AND 
              MILITARY VIOLENT OFFENDERS.

    (a) Expansion of DNA Identification Index.--Section 811(a)(2) of 
the Antiterrorism and Effective Death Penalty Act of 1996 (28 U.S.C. 
531 note) is amended to read as follows:
            ``(2) the Director of the Federal Bureau of Investigation 
        shall expand the combined DNA Identification System (CODIS) to 
        include information on DNA identification records and analyses 
        related to criminal offenses and acts of juvenile delinquency 
        under Federal law, the Uniform Code of Military Justice, and 
        the District of Columbia Code, in accordance with section 
        210304 of the Violent Crime Control and Law Enforcement Act of 
        1994 (42 U.S.C. 14132).''.
    (b) Index To Facilitate Law Enforcement Exchange of DNA 
Identification Information.--Section 210304 of the Violent Crime 
Control and Law Enforcement Act of 1994 (42 U.S.C. 14132) is amended--
            (1) in subsection (a)(1), by striking ``persons convicted 
        of crimes'' and inserting ``individuals convicted of criminal 
        offenses or adjudicated delinquent for acts of juvenile 
        delinquency, including qualifying offenses (as defined in 
        subsection (d)(1))'';
            (2) in subsection (b)(2), by striking ``, at regular 
        intervals of not to exceed 180 days,'' and inserting 
        ``semiannual''; and
            (3) by adding at the end the following:
    ``(d) Inclusion of DNA Information Relating to Violent Offenders.--
            ``(1) Definitions.--In this subsection--
                    ``(A) the term `crime of violence' has the meaning 
                given such term in section 924(c)(3) of title 18, 
                United States Code; and
                    ``(B) the term `qualifying offense' means a 
                criminal offense or act of juvenile delinquency 
                included on the list established by the Director of the 
                Federal Bureau of Investigation under paragraph 
                (2)(A)(i).
            ``(2) Regulations.--
                    ``(A) In general.--Not later than 90 days after the 
                date of enactment of this subsection, and at the 
                discretion of the Director thereafter, the Director of 
                the Federal Bureau of Investigation, in consultation 
                with the Director of the Bureau of Prisons, the 
                Director of the Court Services and Offender Supervision 
                Agency for the District of Columbia or the Trustee 
                appointed under section 11232(a) of the Balanced Budget 
                Act of 1997 (as appropriate), and the Chief of Police 
                of the Metropolitan Police Department of the District 
                of Columbia, shall by regulation establish--
                            ``(i) a list of qualifying offenses; and
                            ``(ii) standards and procedures for--
                                    ``(I) the analysis of DNA samples 
                                collected from individuals convicted of 
                                or adjudicated delinquent for a 
                                qualifying offense;
                                    ``(II) the inclusion in the index 
                                established by this section of the DNA 
                                identification records and DNA analyses 
                                relating to the DNA samples described 
                                in subclause (I); and
                                    ``(III) with respect to juveniles, 
                                the expungement of DNA identification 
                                records and DNA analyses described in 
                                subclause (II) from the index 
                                established by this section in any 
                                circumstance in which the underlying 
                                adjudication for the qualifying offense 
                                has been expunged.
                    ``(B) Offenses included.--The list established 
                under subparagraph (A)(i) shall include--
                            ``(i) each criminal offense or act of 
                        juvenile delinquency under Federal law that--
                                    ``(I) constitutes a crime of 
                                violence; or
                                    ``(II) in the case of an act of 
                                juvenile delinquency, would, if 
                                committed by an adult, constitute a 
                                crime of violence;
                            ``(ii) each criminal offense under the 
                        District of Columbia Code that constitutes a 
                        crime of violence; and
                            ``(iii) any other felony offense under 
                        Federal law or the District of Columbia Code, 
                        as determined by the Director of the Federal 
                        Bureau of Investigation.
            ``(3) Federal offenders.--
                    ``(A) Collection of samples from federal 
                prisoners.--
                            ``(i) In general.--Beginning 180 days after 
                        the date of enactment of this subsection, the 
                        Director of the Bureau of Prisons shall collect 
                        a DNA sample from each individual in the 
                        custody of the Bureau of Prisons who, before or 
                        after this subsection takes effect, has been 
                        convicted of or adjudicated delinquent for a 
                        qualifying offense.
                            ``(ii) Time and manner.--The Director of 
                        the Bureau of Prisons shall specify the time 
                        and manner of collection of DNA samples under 
                        this subparagraph.
                    ``(B) Collection of samples from federal offenders 
                on supervised release, parole, or probation.--
                            ``(i) In general.--Beginning 180 days after 
                        the date of enactment of this subsection, the 
                        agency responsible for the supervision under 
                        Federal law of an individual on supervised 
                        release, parole, or probation (other than an 
                        individual described in paragraph (4)(B)(i)) 
                        shall collect a DNA sample from each individual 
                        who has, before or after this subsection takes 
                        effect, been convicted of or adjudicated 
                        delinquent for a qualifying offense.
                            ``(ii) Time and manner.--The Director of 
                        the Administrative Office of the United States 
                        Courts shall specify the time and manner of 
                        collection of DNA samples under this 
                        subparagraph.
            ``(4) District of columbia offenders.--
                    ``(A) Offenders in custody of district of 
                columbia.--
                            ``(i) In general.--The Government of the 
                        District of Columbia may--
                                    ``(I) identify 1 or more categories 
                                of individuals who are in the custody 
                                of, or under supervision by, the 
                                District of Columbia, from whom DNA 
                                samples should be collected; and
                                    ``(II) collect a DNA sample from 
                                each individual in any category 
                                identified under clause (i).
                            ``(ii) Definition.--In this subparagraph, 
                        the term `individuals in the custody of, or 
                        under supervision by, the District of 
                        Columbia'--
                                    ``(I) includes any individual in 
                                the custody of, or under supervision 
                                by, any agency of the Government of the 
                                District of Columbia; and
                                    ``(II) does not include an 
                                individual who is under the supervision 
                                of the Director of the Court Services 
                                and Offender Supervision Agency for the 
                                District of Columbia or the Trustee 
                                appointed under section 11232(a) of the 
                                Balanced Budget Act of 1997.
                    ``(B) Offenders on supervised release, probation, 
                or parole.--
                            ``(i) In general.--Beginning 180 days after 
                        the date of enactment of this subsection, the 
                        Director of the Court Services and Offender 
                        Supervision Agency for the District of 
                        Columbia, or the Trustee appointed under 
                        section 11232(a) of the Balanced Budget Act of 
                        1997, as appropriate, shall collect a DNA 
                        sample from each individual under the 
                        supervision of the Agency or Trustee, 
                        respectively, who is on supervised release, 
                        parole, or probation and who has, before or 
                        after this subsection takes effect, been 
                        convicted of or adjudicated delinquent for a 
                        qualifying offense.
                            ``(ii) Time and manner.--The Director or 
                        the Trustee, as appropriate, shall specify the 
                        time and manner of collection of DNA samples 
                        under this subparagraph.
            ``(5) Waiver; collection procedures.--Notwithstanding any 
        other provision of this subsection, a person or agency 
        responsible for the collection of DNA samples under this 
        subsection may--
                    ``(A) waive the collection of a DNA sample from an 
                individual under this subsection if another person or 
                agency has collected such a sample from the individual 
                under this subsection or subsection (e); and
                    ``(B) use or authorize the use of such means as are 
                necessary to restrain and collect a DNA sample from an 
                individual who refuses to cooperate in the collection 
                of the sample.
    ``(e) Inclusion of DNA Information Relating to Violent Military 
Offenders.--
            ``(1) In general.--Not later than 120 days after the date 
        of enactment of this subsection, the Secretary of Defense shall 
        prescribe regulations that--
                    ``(A) specify categories of conduct punishable 
                under the Uniform Code of Military Justice (referred to 
                in this subsection as `qualifying military offenses') 
                that are comparable to qualifying offenses (as defined 
                in subsection (d)(1)); and
                    ``(B) set forth standards and procedures for--
                            ``(i) the analysis of DNA samples collected 
                        from individuals convicted of a qualifying 
                        military offense; and
                            ``(ii) the inclusion in the index 
                        established by this section of the DNA 
                        identification records and DNA analyses 
                        relating to the DNA samples described in clause 
                        (i).
            ``(2) Collection of samples.--
                    ``(A) In general.--Beginning 180 days after the 
                date of enactment of this subsection, the Secretary of 
                Defense shall collect a DNA sample from each individual 
                under the jurisdiction of the Secretary of a military 
                department who has, before or after this subsection 
                takes effect, been convicted of a qualifying military 
                offense.
                    ``(B) Time and manner.--The Secretary of Defense 
                shall specify the time and manner of collection of DNA 
                samples under this paragraph.
            ``(3) Waiver; collection procedures.--Notwithstanding any 
        other provision of this subsection, the Secretary of Defense 
        may--
                    ``(A) waive the collection of a DNA sample from an 
                individual under this subsection if another person or 
                agency has collected or will collect such a sample from 
                the individual under subsection (d); and
                    ``(B) use or authorize the use of such means as are 
                necessary to restrain and collect a DNA sample from an 
                individual who refuses to cooperate in the collection 
                of the sample.
    ``(f) Criminal Penalty.--
            ``(1) In general.--An individual from whom the collection 
        of a DNA sample is required or authorized pursuant to 
        subsection (d) who fails to cooperate in the collection of that 
        sample shall be--
                    ``(A) guilty of a class A misdemeanor; and
                    ``(B) punished in accordance with title 18, United 
                States Code.
            ``(2) Military offenders.--An individual from whom the 
        collection of a DNA sample is required or authorized pursuant 
        to subsection (e) who fails to cooperate in the collection of 
        that sample may be punished as a court martial may direct as a 
        violation of the Uniform Code of Military Justice.
    ``(g) Authorization of Appropriations.--There are authorized to be 
appropriated--
            ``(1) to the Department of Justice to carry out subsection 
        (d) of this section (including to reimburse the Federal 
        judiciary for any reasonable costs incurred in implementing 
        such subsection, as determined by the Attorney General) and 
        section 3(d) of the Violent Offender DNA Identification Act of 
        1999--
                    ``(A) $6,600,000 for fiscal year 2000; and
                    ``(B) such sums as may be necessary for each of 
                fiscal years 2001 through 2004;
            ``(2) to the Court Services and Offender Supervision Agency 
        for the District of Columbia or the Trustee appointed under 
        section 11232(a) of the Balanced Budget Act of 1997 (as 
        appropriate), such sums as may be necessary for each of fiscal 
        years 2000 through 2004; and
            ``(3) to the Department of Defense to carry out subsection 
        (e)--
                    ``(A) $600,000 for fiscal year 2000; and
                    ``(B) $300,000 for each of fiscal years 2001 
                through 2004.''.
    (c) Conditions of Release.--
            (1) Conditions of probation.--Section 3563(a) of title 18, 
        United States Code, is amended--
                    (A) in paragraph (7), by striking ``and'' at the 
                end;
                    (B) in paragraph (8), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by inserting after paragraph (8) the following:
            ``(9) that the defendant cooperate in the collection of a 
        DNA sample from the defendant if the collection of such a 
        sample is required or authorized pursuant to section 210304 of 
        the Violent Crime Control and Law Enforcement Act of 1994 (42 
        U.S.C. 14132).''.
            (2) Conditions of supervised release.--Section 3583(d) of 
        title 18, United States Code, is amended by inserting before 
        ``The court shall also order'' the following: ``The court shall 
        order, as an explicit condition of supervised release, that the 
        defendant cooperate in the collection of a DNA sample from the 
        defendant, if the collection of such a sample is required or 
        authorized pursuant to section 210304 of the Violent Crime 
        Control and Law Enforcement Act of 1994 (42 U.S.C. 14132).''.
            (3) Conditions of release generally.--If the collection of 
        a DNA sample from an individual on probation, parole, or 
        supervised release pursuant to a conviction or adjudication of 
        delinquency under the law of any jurisdiction (including an 
        individual on parole pursuant to chapter 311 of title 18, 
        United States Code, as in effect on October 30, 1997) is 
        required or authorized pursuant to section 210304 of the 
        Violent Crime Control and Law Enforcement Act of 1994 (42 
        U.S.C. 14132), and the sample has not otherwise been collected, 
        the individual shall cooperate in the collection of a DNA 
        sample as a condition of that probation, parole, or supervised 
        release.
    (d) Report and Evaluation.--Not later than 1 year after the date of 
enactment of this Act, the Attorney General, acting through the 
Assistant Attorney General for the Office of Justice Programs of the 
Department of Justice and the Director of the Federal Bureau of 
Investigation, shall--
            (1) conduct an evaluation to--
                    (A) identify criminal offenses, including offenses 
                other than qualifying offenses (as defined in section 
                210304(d)(1) of the Violent Crime Control and Law 
                Enforcement Act of 1994 (42 U.S.C. 14132(d)(1)), as 
                added by this section) that, if serving as a basis for 
                the mandatory collection of a DNA sample under section 
                210304 of the Violent Crime Control and Law Enforcement 
                Act of 1994 (42 U.S.C. 14132) or under State law, are 
                likely to yield DNA matches, and the relative degree of 
                such likelihood with respect to each such offense; and
                    (B) determine the number of investigations aided 
                (including the number of suspects cleared), and the 
                rates of prosecution and conviction of suspects 
                identified through DNA matching; and
            (2) submit to Congress a report describing the results of 
        the evaluation under paragraph (1).
    (e) Technical and Conforming Amendments.--
            (1) Drug control and system improvement grants.--Section 
        503(a)(12)(C) of title I of the Omnibus Crime Control and Safe 
        Streets Act of 1968 (42 U.S.C. 3753(a)(12)(C)) is amended by 
        striking ``, at regular intervals of not to exceed 180 days,'' 
        and inserting ``semiannual''.
            (2) DNA identification grants.--Section 2403(3) of title I 
        of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
        U.S.C. 3796kk-2(3)) is amended by striking ``, at regular 
        intervals not exceeding 180 days,'' and inserting 
        ``semiannual''.
            (3) Federal bureau of investigation.--Section 
        210305(a)(1)(A) of the Violent Crime Control and Law 
        Enforcement Act of 1994 (42 U.S.C. 14133(a)(1)(A)) is amended 
        by striking ``, at regular intervals of not to exceed 180 
        days,'' and inserting ``semiannual''.

                  TITLE XVI--MISCELLANEOUS PROVISIONS

                     Subtitle A--General Provisions

SEC. 1601. PROHIBITION ON FIREARMS POSSESSION BY VIOLENT JUVENILE 
              OFFENDERS.

    (a) Definition.--Section 921(a)(20) of title 18, United States 
Code, is amended--
            (1) by inserting ``(A)'' after ``(20)'';
            (2) by redesignating subparagraphs (A) and (B) as clauses 
        (i) and (ii), respectively;
            (3) by inserting after subparagraph (A) the following:
    ``(B) For purposes of subsections (d) and (g) of section 922, the 
term `act of violent juvenile delinquency' means an adjudication of 
delinquency in Federal or State court, based on a finding of the 
commission of an act by a person prior to his or her eighteenth 
birthday that, if committed by an adult, would be a serious or violent 
felony, as defined in section 3559(c)(2)(F)(i) had Federal jurisdiction 
existed and been exercised (except that section 3559(c)(3) shall not 
apply to this subparagraph).''; and
            (4) in the undesignated paragraph following subparagraph 
        (B) (as added by paragraph (3) of this subsection), by striking 
        ``What constitutes'' and all that follows through ``this 
        chapter,'' and inserting the following:
    ``(C) What constitutes a conviction of such a crime or an 
adjudication of an act of violent juvenile delinquency shall be 
determined in accordance with the law of the jurisdiction in which the 
proceedings were held. Any State conviction or adjudication of an act 
of violent juvenile delinquency that has been expunged or set aside, or 
for which a person has been pardoned or has had civil rights restored, 
by the jurisdiction in which the conviction or adjudication of an act 
of violent juvenile delinquency occurred shall not be considered to be 
a conviction or adjudication of an act of violent juvenile delinquency 
for purposes of this chapter,''.
    (b) Prohibition.--Section 922 of title 18, United States Code, is 
amended--
            (1) in subsection (d)--
                    (A) in paragraph (8), by striking ``or'' at the 
                end;
                    (B) in paragraph (9), by striking the period at the 
                end and inserting ``; or''; and
                    (C) by inserting after paragraph (9) the following:
            ``(10) has committed an act of violent juvenile 
        delinquency.''; and
            (2) in subsection (g)--
                    (A) in paragraph (8), by striking ``or'' at the 
                end;
                    (B) in paragraph (9), by striking the comma at the 
                end and inserting ``; or''; and
                    (C) by inserting after paragraph (9) the following:
            ``(10) who has committed an act of violent juvenile 
        delinquency,''.
    (c) Effective Date of Adjudication Provisions.--The amendments made 
by this section shall only apply to an adjudication of an act of 
violent juvenile delinquency that occurs after the date that is 30 days 
after the date on which the Attorney General certifies to Congress and 
separately notifies Federal firearms licensees, through publication in 
the Federal Register by the Secretary of the Treasury, that the records 
of such adjudications are routinely available in the national instant 
criminal background check system established under section 103(b) of 
the Brady Handgun Violence Prevention Act.

SEC. 1602. SAFE STUDENTS.

    (a) Short Title.--This section may be cited as the ``Safe Students 
Act.''
    (b) Purpose.--It is the purpose of this section to maximize local 
flexibility in responding to the threat of juvenile violence through 
the implementation of effective school violence prevention and safety 
programs.
    (c) Program Authorized.--The Attorney General shall, subject to the 
availability of appropriations, award grants to local education 
agencies and to law enforcement agencies to assist in the planning, 
establishing, operating, coordinating and evaluating of school violence 
prevention and school safety programs.
    (d) Application Requirements.--
            (1) In general.--To be eligible to receive a grant under 
        subsection (c), an entity shall--
                    (A) be a local education agency or a law 
                enforcement agency; and
                    (B) prepare and submit to the Attorney General an 
                application at such time, in such manner and containing 
                such information as the Attorney General may require, 
                including--
                            (i) a detailed explanation of the intended 
                        uses of funds provided under the grant; and
                            (ii) a written assurance that the schools 
                        to be served under the grant will have a zero 
                        tolerance policy in effect for drugs, alcohol, 
                        weapons, truancy and juvenile crime on school 
                        campuses.
            (2) Priority.--The Attorney General shall give priority in 
        awarding grants under this section to applications that have 
        been submitted jointly by a local education agency and a law 
        enforcement agency.
    (e) Allowable Uses of Funds.--Amounts received under a grant under 
this section shall be used for innovative, local responses, consistent 
with the purposes of this Act, which may include--
            (1) training, including in-service training, for school 
        personnel, custodians and bus drivers in--
                    (A) the identification of potential threats (such 
                as illegal weapons and explosive devices);
                    (B) crisis preparedness and intervention 
                procedures; and
                    (C) emergency response;
            (2) training of interested parents, teachers and other 
        school and law enforcement personnel in the identification and 
        responses to early warning signs of troubled and violent youth;
            (3) innovative research-based delinquency and violence 
        prevention programs, including mentoring programs;
            (4) comprehensive school security assessments;
            (5) the purchase of school security equipment and 
        technologies such as metal detectors, electronic locks, 
        surveillance cameras;
            (6) collaborative efforts with law enforcement agencies, 
        community-based organizations (including faith-based 
        organizations) that have demonstrated expertise in providing 
        effective, research-based violence prevention and intervention 
        programs to school age children;
            (7) providing assistance to families in need for the 
        purpose of purchasing required school uniforms;
            (8) school resource officers, including community police 
        officers; and
            (9) community policing in and around schools.
    (f) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section, $200,000,000 for fiscal year 
2000, and such sums as may be necessary for each of fiscal years 2001 
through 2004.
    (g) Report to Congress.--Not later than 2 years after the date of 
enactment of this section, and every 2 years thereafter, the Attorney 
General shall prepare and submit to the appropriate committees of 
Congress a report concerning the manner in which grantees have used 
amounts received under a grant under this section.

SEC. 1603. STUDY OF MARKETING PRACTICES OF THE FIREARMS INDUSTRY.

    (a) In General.--The Federal Trade Commission and the Attorney 
General shall jointly conduct a study of the marketing practices of the 
firearms industry, with respect to children.
    (b) Issues Examined.--In conducting the study under subsection (a), 
the Commission and the Attorney General shall examine the extent to 
which the firearms industry advertises and promotes its products to 
juveniles, including in media outlets in which minors comprise a 
substantial percentage of the audience.
    (c) Report.--Not later than one year after the date of the 
enactment of this Act, the Commission and the Attorney General shall 
submit to Congress a report on the study conducted under subsection 
(a).

SEC. 1604. PROVISION OF INTERNET FILTERING OR SCREENING SOFTWARE BY 
              CERTAIN INTERNET SERVICE PROVIDERS.

    (a) Requirement To Provide.--Each Internet service provider shall 
at the time of entering an agreement with a residential customer for 
the provision of Internet access services, provide to such customer, 
either at no fee or at a fee not in excess of the amount specified in 
subsection (c), computer software or other filtering or blocking system 
that allows the customer to prevent the access of minors to material on 
the Internet.
    (b) Surveys of Provision of Software or Systems.--
            (1) Surveys.--The Office of Juvenile Justice and 
        Delinquency Prevention of the Department of Justice and the 
        Federal Trade Commission shall jointly conduct surveys of the 
        extent to which Internet service providers are providing 
        computer software or systems described in subsection (a) to 
        their subscribers.
            (2) Frequency.--The surveys required by paragraph (1) shall 
        be completed as follows:
                    (A) One shall be completed not later than one year 
                after the date of the enactment of this Act.
                    (B) One shall be completed not later than two years 
                after that date.
                    (C) One shall be completed not later than three 
                years after that date.
    (c) Fees.--The fee, if any, charged and collected by an Internet 
service provider for providing computer software or a system described 
in subsection (a) to a residential customer shall not exceed the amount 
equal to the cost of the provider in providing the software or system 
to the subscriber, including the cost of the software or system and of 
any license required with respect to the software or system.
    (d) Applicability.--The requirement described in subsection (a) 
shall become effective only if--
            (1) 1 year after the date of the enactment of this Act, the 
        Office and the Commission determine as a result of the survey 
        completed by the deadline in subsection (b)(2)(A) that less 
        than 75 percent of the total number of residential subscribers 
        of Internet service providers as of such deadline are provided 
        computer software or systems described in subsection (a) by 
        such providers;
            (2) 2 years after the date of the enactment of this Act, 
        the Office and the Commission determine as a result of the 
        survey completed by the deadline in subsection (b)(2)(B) that 
        less than 85 percent of the total number of residential 
        subscribers of Internet service providers as of such deadline 
        are provided such software or systems by such providers; or
            (3) 3 years after the date of the enactment of this Act, if 
        the Office and the Commission determine as a result of the 
        survey completed by the deadline in subsection (b)(2)(C) that 
        less than 100 percent of the total number of residential 
        subscribers of Internet service providers as of such deadline 
        are provided such software or systems by such providers.
    (e) Internet Service Provider Defined.--In this section, the term 
``Internet service provider'' means a service provider as defined in 
section 512(k)(1)(A) of title 17, United States Code, which has more 
than 50,000 subscribers.

SEC. 1605. APPLICATION OF SECTION 923 (J) AND (M).

    Notwithstanding any other provision of this Act, section 923 of 
title 18, United States Code, as amended by this Act, shall be applied 
by amending in subsections (j) and (m) the following:
            (1) In subsection (j) amend--
                    (A) paragraph (2) (A), (B) and (C) to read as 
                follows:
                    ``(A) In general.--A temporary location referred to 
                in paragraph (1) is a location for a gun show, or event 
                in the State specified on the license, at which 
                firearms, firearms accessories and related items may be 
                bought, sold, traded, and displayed, in accordance with 
                Federal, State, and local laws.
                    ``(B) Locations out of state.--If the location is 
                not in the State specified on the license, a licensee 
                may display any firearm, and take orders for a firearm 
                or effectuate the transfer of a firearm, in accordance 
                with this chapter, including paragraph (7) of this 
                subsection.
                    ``(C) Qualified gun shows or events.--A gun show or 
                an event shall qualify as a temporary location if--
                            ``(i) the gun show or event is one which is 
                        sponsored, for profit or not, by an individual, 
                        national, State, or local organization, 
                        association, or other entity to foster the 
                        collecting, competitive use, sporting use, or 
                        any other legal use of firearms; and
                            ``(ii) the gun show or event has--
                                    ``(I) 20 percent or more firearm 
                                exhibitors out of all exhibitors; or
                                    ``(II) 10 or more firearms 
                                exhibitors.''.
                    (B) paragraph (3)(C) to read as follows:
                    ``(C) shall be retained at the premises specified 
                on the license.''; and
                    (C) paragraph (7) to read as follows:
            ``(7) No effect on other rights.--Nothing in this 
        subsection diminishes in any manner any right to display, sell, 
        or otherwise dispose of firearms or ammunition that is in 
        effect before the date of enactment of the Firearms Owners' 
        Protection Act, including the right of a licensee to conduct 
        firearms transfers and business away from their business 
        premises with another licensee without regard to whether the 
        location of the business is in the State specified on the 
        license of either licensee.''.
            (2) In subsection (m), amend--
                    (A) paragraph (2)(E)(i) to read as follows:
                            ``(i) In general.--A person not licensed 
                        under this section who desires to transfer a 
                        firearm at a gun show in his State of residence 
                        to another person who is a resident of the same 
                        State, and not licensed under this section, 
                        shall only make such a transfer through a 
                        licensee who can conduct an instant background 
                        check at the gun show, or directly to the 
                        prospective transferee if an instant background 
                        check is first conducted by a special 
                        registrant at the gun show on the prospective 
                        transferee. For any instant background check 
                        conducted at a gun show, the time period stated 
                        in section 922(t)(1)(B)(ii) of this chapter 
                        shall be 24 hours in a calendar day since the 
                        licensee contacted the system. If the services 
                        of a special registrant are used to determine 
                        the firearms eligibility of the prospective 
                        transferee to possesses a firearm, the 
                        transferee shall provide the special registrant 
                        at the gun show, on a special and limited-
                        purpose form that the Secretary shall prescribe 
                        for use by a special registrant--
                                    ``(I) the name, age, address, and 
                                other identifying information of the 
                                prospective transferee (or, in the case 
                                of a prospective transferee that is a 
                                corporation or other business entity, 
                                the identity and principal and local 
                                places of business of the prospective 
                                transferee); and
                                    ``(II) proof of verification of the 
                                identity of the prospective transferee 
                                as required by section 922(t)(1)(C).``; 
                                and
                    (B) paragraph (4) to read as follows:
            ``(4) Immunity.--
                    ``(A) Definition.--In this paragraph:
                            ``(i) In general.--The term `qualified 
                        civil liability action' means a civil action 
                        brought by any person against a person 
                        described in subparagraph (B) for damages 
                        resulting from the criminal or unlawful misuse 
                        of the firearm by the transferee or a third 
                        party.
                            ``(ii) Exclusions.--The term `qualified 
                        civil liability action' shall not include an 
                        action--
                                    ``(I) brought against a transferor 
                                convicted under section 924(h), or a 
                                comparable State felony law, by a 
                                person directly harmed by the 
                                transferee's criminal conduct, as 
                                defined in section 924(h); or
                                    ``(II) brought against a transferor 
                                for negligent entrustment or negligence 
                                per se.
                    ``(B) Immunity.--Notwithstanding any other 
                provision of law, a person who is--
                            ``(i) a special registrant who performs a 
                        background check in the manner prescribed in 
                        this subsection at a gun show;
                            ``(ii) a licensee or special licensee who 
                        acquires a firearm at a gun show from a 
                        nonlicensee, for transfer to another 
                        nonlicensee in attendance at the gun show, for 
                        the purpose of effectuating a sale, trade, or 
                        transfer between the 2 nonlicensees, all in the 
                        manner prescribed for the acquisition and 
                        disposition of a firearm under this chapter; or
                            ``(iii) a nonlicensee person disposing of a 
                        firearm who uses the services of a person 
                        described in clause (i) or (ii);
                shall be entitled to immunity from civil liability 
                action as described in subparagraphs (C) and (D).
                    ``(C) Prospective actions.--A qualified civil 
                liability action may not be brought in any Federal or 
                State court.
                    ``(D) Dismissal of pending actions.--A qualified 
                civil liability action that is pending on the date of 
                enactment of this subsection shall be dismissed 
                immediately by the court.''.

SEC. 1606. CONSTITUTIONALITY OF MEMORIAL SERVICES AND MEMORIALS AT 
              PUBLIC SCHOOLS.

    (a) Findings.--The Congress of the United States finds that the 
saying of a prayer, the reading of a scripture, or the performance of 
religious music as part of a memorial service that is held on the 
campus of a public school in order to honor the memory of any person 
slain on that campus does not violate the First Amendment to the 
Constitution of the United States, and that the design and construction 
of any memorial that is placed on the campus of a public school in 
order to honor the memory of any person slain on that campus a part of 
which includes religious symbols, motifs, or sayings does not violate 
the First Amendment to the Constitution of the United States.
    (b) Lawsuits.--In any lawsuit claiming that the type of memorial or 
memorial service described in subsection (a) violates the Constitution 
of the United States--
            (1) each party shall pay its own attorney's fees and costs, 
        notwithstanding any other provision of law, and
            (2) the Attorney General of the United States is authorized 
        to provide legal assistance to the school district or other 
        governmental entity that is defending the legality of such 
        memorial service.

SEC. 1607. TWENTY-FIRST AMENDMENT ENFORCEMENT.

    (a) Shipment of Intoxicating Liquor Into State in Violation of 
State Law.--The Act entitled ``An Act divesting intoxicating liquors of 
their interstate character in certain cases'', approved March 1, 1913 
(commonly known as the ``Webb-Kenyon Act'') (27 U.S.C. 122) is amended 
by adding at the end the following:

``SEC. 2. INJUNCTIVE RELIEF IN FEDERAL DISTRICT COURT.

    ``(a) Definitions.--In this section--
            ``(1) the term `attorney general' means the attorney 
        general or other chief law enforcement officer of a State, or 
        the designee thereof;
            ``(2) the term `intoxicating liquor' means any spirituous, 
        vinous, malted, fermented, or other intoxicating liquor of any 
        kind;
            ``(3) the term `person' means any individual and any 
        partnership, corporation, company, firm, society, association, 
        joint stock company, trust, or other entity capable of holding 
        a legal or beneficial interest in property, but does not 
        include a State or agency thereof; and
            ``(4) the term `State' means any State of the United 
        States, the District of Columbia, the Commonwealth of Puerto 
        Rico, or any territory or possession of the United States.
    ``(b) Action by State Attorney General.--If the attorney general of 
a State has reasonable cause to believe that a person is engaged in, is 
about to engage in, or has engaged in, any act that would constitute a 
violation of a State law regulating the importation or transportation 
of any intoxicating liquor, the attorney general may bring a civil 
action in accordance with this section for injunctive relief (including 
a preliminary or permanent injunction or other order) against the 
person, as the attorney general determines to be necessary to--
            ``(1) restrain the person from engaging, or continuing to 
        engage, in the violation; and
            ``(2) enforce compliance with the State law.
    ``(c) Federal Jurisdiction.--
            ``(1) In general.--The district courts of the United States 
        shall have jurisdiction over any action brought under this 
        section.
            ``(2) Venue.--An action under this section may be brought 
        only in accordance with section 1391 of title 28, United States 
        Code.
    ``(d) Requirements for Injunctions and Orders.--
            ``(1) In general.--In any action brought under this 
        section, upon a proper showing by the attorney general of the 
        State, the court shall issue a preliminary or permanent 
        injunction or other order without requiring the posting of a 
        bond.
            ``(2) Notice.--No preliminary or permanent injunction or 
        other order may be issued under paragraph (1) without notice to 
        the adverse party.
            ``(3) Form and scope of order.--Any preliminary or 
        permanent injunction or other order entered in an action 
        brought under this section shall--
                    ``(A) set forth the reasons for the issuance of the 
                order;
                    ``(B) be specific in terms;
                    ``(C) describe in reasonable detail, and not by 
                reference to the complaint or other document, the act 
                or acts to be restrained; and
                    ``(D) be binding only upon--
                            ``(i) the parties to the action and the 
                        officers, agents, employees, and attorneys of 
                        those parties; and
                            ``(ii) persons in active cooperation or 
                        participation with the parties to the action 
                        who receive actual notice of the order by 
                        personal service or otherwise.
    ``(e) Consolidation of Hearing With Trial On Merits.--
            ``(1) In general.--Before or after the commencement of a 
        hearing on an application for a preliminary or permanent 
        injunction or other order under this section, the court may 
        order the trial of the action on the merits to be advanced and 
        consolidated with the hearing on the application.
            ``(2) Admissibility of evidence.--If the court does not 
        order the consolidation of a trial on the merits with a hearing 
        on an application described in paragraph (1), any evidence 
        received upon an application for a preliminary or permanent 
        injunction or other order that would be admissible at the trial 
        on the merits shall become part of the record of the trial and 
        shall not be required to be received again at the trial.
    ``(f) No Right to Trial by Jury.--An action brought under this 
section shall be tried before the court.
    ``(g) Additional Remedies.--
            ``(1) In general.--A remedy under this section is in 
        addition to any other remedies provided by law.
            ``(2) State court proceedings.--Nothing in this section may 
        be construed to prohibit an authorized State official from 
        proceeding in State court on the basis of an alleged violation 
        of any State law.''.

SEC. 1608. INTERSTATE SHIPMENT AND DELIVERY OF INTOXICATING LIQUORS.

    Chapter 59 of title 18, United States Code, is amended--
            (1) in section 1263--
                    (A) by inserting ``a label on the shipping 
                container that clearly and prominently identifies the 
                contents as alcoholic beverages, and a'' after 
                ``accompanied by''; and
                    (B) by inserting ``and requiring upon delivery the 
                signature of a person who has attained the age for the 
                lawful purchase of intoxicating liquor in the State in 
                which the delivery is made,'' after ``contained 
                therein,''; and
            (2) in section 1264, by inserting ``or to any person other 
        than a person who has attained the age for the lawful purchase 
        of intoxicating liquor in the State in which the delivery is 
        made,'' after ``consignee,''.

SEC. 1609. DISCLAIMER ON MATERIALS PRODUCED, PROCURED OR DISTRIBUTED 
              FROM FUNDING AUTHORIZED BY THIS ACT.

    (a) All materials produced, procured, or distributed, in whole or 
in part, as a result of Federal funding authorized under this Act for 
expenditure by Federal, State or local governmental recipients or other 
nongovernmental entities shall have printed thereon the following 
language:
        ``This material has been printed, procured or distributed, in 
        whole or in part, at the expense of the Federal Government. Any 
        person who objects to the accuracy of the material, to the 
        completeness of the material, or to the representations made 
        within the material, including objections related to this 
        material's characterization of religious beliefs, are 
        encouraged to direct their comments to the office of the 
        Attorney General of the United States.''.
    (b) All materials produced, procured, or distributed using funds 
authorized under this Act shall have printed thereon, in addition to 
the language contained in paragraph (a), a complete address for an 
office designated by the Attorney General to receive comments from 
members of the public.
    (c) The office designated under paragraph (b) by the Attorney 
General to receive comments shall, every six months, prepare an 
accurate summary of all comments received by the office. This summary 
shall include details about the number of comments received and the 
specific nature of the concerns raised within the comments, and shall 
be provided to the Chairmen of the Senate and House Judiciary 
Committees, the Senate and House Education Committees, the Majority and 
Minority Leaders of the Senate, and the Speaker and Minority Leader of 
the House of Representatives. Further, the comments received shall be 
retained by the office and shall be made available to any member of the 
general public upon request.

SEC. 1610. AIMEE'S LAW.

    (a) Short Title.--This section may be cited as ``Aimee's Law''.
    (b) Definitions.--In this section:
            (1) Dangerous sexual offense.--The term ``dangerous sexual 
        offense'' means sexual abuse or sexually explicit conduct 
        committed by an individual who has attained the age of 18 years 
        against an individual who has not attained the age of 14 years.
            (2) Murder.--The term ``murder'' has the meaning given the 
        term under applicable State law.
            (3) Rape.--The term ``rape'' has the meaning given the term 
        under applicable State law.
            (4) Sexual abuse.--The term ``sexual abuse'' has the 
        meaning given the term under applicable State law.
            (5) Sexually explicit conduct.--The term ``sexually 
        explicit conduct'' has the meaning given the term under 
        applicable State law.
    (c) Reimbursement to States for Crimes Committed By Certain 
Released Felons.--
            (1) Penalty.--
                    (A) Single state.--In any case in which a State 
                convicts an individual of murder, rape, or a dangerous 
                sexual offense, who has a prior conviction for any 1 of 
                those offenses in a State described in subparagraph 
                (C), the Attorney General shall transfer an amount 
                equal to the costs of incarceration, prosecution, and 
                apprehension of that individual, from Federal law 
                enforcement assistance funds that have been allocated 
                to but not distributed to the State that convicted the 
                individual of the prior offense, to the State account 
                that collects Federal law enforcement assistance funds 
                of the State that convicted that individual of the 
                subsequent offense.
                    (B) Multiple states.--In any case in which a State 
                convicts an individual of murder, rape, or a dangerous 
                sexual offense, who has a prior conviction for any 1 or 
                more of those offenses in more than 1 other State 
                described in subparagraph (C), the Attorney General 
                shall transfer an amount equal to the costs of 
                incarceration, prosecution, and apprehension of that 
                individual, from Federal law enforcement assistance 
                funds that have been allocated to but not distributed 
                to each State that convicted such individual of the 
                prior offense, to the State account that collects 
                Federal law enforcement assistance funds of the State 
                that convicted that individual of the subsequent 
                offense.
                    (C) State described.--A State is described in this 
                subparagraph if--
                            (i) the State has not adopted Federal 
                        truth-in-sentencing guidelines under section 
                        20104 of the Violent Crime Control and Law 
                        Enforcement Act of 1994 (42 U.S.C. 13704);
                            (ii) the average term of imprisonment 
                        imposed by the State on individuals convicted 
                        of the offense for which the individual 
                        described in subparagraph (A) or (B), as 
                        applicable, was convicted by the State is less 
                        than 10 percent above the average term of 
                        imprisonment imposed for that offense in all 
                        States; or
                            (iii) with respect to the individual 
                        described in subparagraph (A) or (B), as 
                        applicable, the individual had served less than 
                        85 percent of the term of imprisonment to which 
                        that individual was sentenced for the prior 
                        offense.
            (2) State applications.--In order to receive an amount 
        transferred under paragraph (1), the chief executive of a State 
        shall submit to the Attorney General an application, in such 
        form and containing such information as the Attorney General 
        may reasonably require, which shall include a certification 
        that the State has convicted an individual of murder, rape, or 
        a dangerous sexual offense, who has a prior conviction for 1 of 
        those offenses in another State.
            (3) Source of funds.--Any amount transferred under 
        paragraph (1) shall be derived by reducing the amount of 
        Federal law enforcement assistance funds received by the State 
        that convicted such individual of the prior offense before the 
        distribution of the funds to the State. The Attorney General, 
        in consultation with the chief executive of the State that 
        convicted such individual of the prior offense, shall establish 
        a payment schedule.
            (4) Construction.--Nothing in this subsection may be 
        construed to diminish or otherwise affect any court ordered 
        restitution.
            (5) Exception.--This subsection does not apply if the 
        individual convicted of murder, rape, or a dangerous sexual 
        offense has been released from prison upon the reversal of a 
        conviction for an offense described in paragraph (1) and 
        subsequently been convicted for an offense described in 
        paragraph (1).
    (d) Collection of Recidivism Data.--
            (1) In general.--Beginning with calendar year 1999, and 
        each calendar year thereafter, the Attorney General shall 
        collect and maintain information relating to, with respect to 
        each State--
                    (A) the number of convictions during that calendar 
                year for murder, rape, and any sex offense in the State 
                in which, at the time of the offense, the victim had 
                not attained the age of 14 years and the offender had 
                attained the age of 18 years; and
                    (B) the number of convictions described in 
                subparagraph (A) that constitute second or subsequent 
                convictions of the defendant of an offense described in 
                that subparagraph.
            (2) Report.--Not later than March 1, 2000, and on March 1 
        of each year thereafter, the Attorney General shall submit to 
        Congress a report, which shall include--
                    (A) the information collected under paragraph (1) 
                with respect to each State during the preceding 
                calendar year; and
                    (B) the percentage of cases in each State in which 
                an individual convicted of an offense described in 
                paragraph (1)(A) was previously convicted of another 
                such offense in another State during the preceding 
                calendar year.

SEC. 1611. DRUG TESTS AND LOCKER INSPECTIONS.

    (a) Short Title.--This section may be cited as the ``School 
Violence Prevention Act''.
    (b) Amendment.--Section 4116(b) of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7116(b)) is amended--
            (1) in paragraph (9), by striking ``and'' after the 
        semicolon;
            (2) by redesignating paragraph (10) as paragraph (11); and
            (3) by inserting after paragraph (9) the following:
            ``(10) consistent with the fourth amendment to the 
        Constitution of the United States, testing a student for 
        illegal drug use or inspecting a student's locker for guns, 
        explosives, other weapons, or illegal drugs, including at the 
        request of or with the consent of a parent or legal guardian of 
        the student, if the local educational agency elects to so test 
        or inspect; and''.

SEC. 1612. WAIVER FOR LOCAL MATCH REQUIREMENT UNDER COMMUNITY POLICING 
              PROGRAM.

    Section 1701(i) of the Omnibus Crime Control and Safe Streets Act 
of 1968 (42 U.S.C. 3796dd(i)) is amended by adding at the end of the 
first sentence the following:
        ``The Attorney General shall waive the requirement under this 
        subsection of a non-Federal contribution to the costs of a 
        program, project, or activity that hires law enforcement 
        officers for placement in public schools by a jurisdiction that 
        demonstrates financial need or hardship.''.

SEC. 1613. CARJACKING OFFENSES.

    Section 2119 of title 18, United States Code, is amended by 
striking ``, with the intent to cause death or serious bodily harm''.

SEC. 1614. SPECIAL FORFEITURE OF COLLATERAL PROFITS OF CRIME.

    Section 3681 of title 18, United States Code, is amended by 
striking subsection (a) and inserting the following:
    ``(a) In General.--
            ``(1) Forfeiture of proceeds.--Upon the motion of the 
        United States attorney made at any time after conviction of a 
        defendant for an offense described in paragraph (2), and after 
        notice to any interested party, the court shall order the 
        defendant to forfeit all or any part of proceeds received or to 
        be received by the defendant, or a transferee of the defendant, 
        from a contract relating to the transfer of a right or interest 
        of the defendant in any property described in paragraph (3), if 
        the court determines that--
                    ``(A) the interests of justice or an order of 
                restitution under this title so require;
                    ``(B) the proceeds (or part thereof) to be 
                forfeited reflect the enhanced value of the property 
                attributable to the offense; and
                    ``(C) with respect to a defendant convicted of an 
                offense against a State--
                            ``(i) the property at issue, or the 
                        proceeds to be forfeited, have travelled in 
                        interstate or foreign commerce or were derived 
                        through the use of an instrumentality of 
                        interstate or foreign commerce; and
                            ``(ii) the attorney general of the State 
                        has declined to initiate a forfeiture action 
                        with respect to the proceeds to be forfeited.
            ``(2) Offenses described.--An offense is described in this 
        paragraph if it is--
                    ``(A) an offense under section 794 of this title;
                    ``(B) a felony offense against the United States or 
                any State; or
                    ``(C) a misdemeanor offense against the United 
                States or any State resulting in physical harm to any 
                individual.
            ``(3) Property described.--Property is described in this 
        paragraph if it is any property, tangible or intangible, 
        including any--
                    ``(A) evidence of the offense;
                    ``(B) instrument of the offense, including any 
                vehicle used in the commission of the offense;
                    ``(C) real estate where the offense was committed;
                    ``(D) document relating to the offense;
                    ``(E) photograph or audio or video recording 
                relating to the offense;
                    ``(F) clothing, jewelry, furniture, or other 
                personal property relating to the offense;
                    ``(G) movie, book, newspaper, magazine, radio or 
                television production, or live entertainment of any 
                kind depicting the offense or otherwise relating to the 
                offense;
                    ``(H) expression of the thoughts, opinions, or 
                emotions of the defendant regarding the offense; or
                    ``(I) other property relating to the offense.''.

SEC. 1615. CALLER IDENTIFICATION SERVICES TO ELEMENTARY AND SECONDARY 
              SCHOOLS AS PART OF UNIVERSAL SERVICE OBLIGATION.

    (a) Clarification.--Section 254(h)(1)(B) of the Communications Act 
of 1934 (47 U.S.C. 254(h)(1)(B)) is amended by inserting after ``under 
subsection (c)(3),'' the following: ``including caller identification 
services with respect to elementary and secondary schools,''.
    (b) Outreach.--The Federal Communications Commission shall take 
appropriate actions to notify elementary and secondary schools 
throughout the United States of--
            (1) the availability of caller identification services as 
        part of the services that are within the definition of 
        universal service under section 254(h)(1)(B) of the 
        Communications Act of 1934; and
            (2) the procedures to be used by such schools in applying 
        for such services under that section.

SEC. 1616. PARENT LEADERSHIP MODEL.

    (a) In General.--The Administrator of the Office of Juvenile Crime 
Control and Prevention is authorized to make a grant to a national 
organization to provide training, technical assistance, best practice 
strategies, program materials and other necessary support for a mutual 
support, parental leadership model proven to prevent child abuse and 
juvenile delinquency.
    (b) Authorization.--There are authorized to be appropriated out of 
the Violent Crime Trust Fund, $3,000,000.

SEC. 1617. NATIONAL MEDIA CAMPAIGN AGAINST VIOLENCE.

    There is authorized to be appropriated to the National Crime 
Prevention Council not to exceed $25,000,000, to be expended without 
fiscal-year limitation, for a 2-year national media campaign, to be 
conducted in consultation with national, statewide or community based 
youth organizations, Boys and Girls Clubs of America, and to be 
targeted to parents (and other caregivers) and to youth, to reduce and 
prevent violent criminal behavior by young Americans: Provided, That 
none of such funds may be used--(1) to propose, influence, favor, or 
oppose any change in any statute, rule, regulation, treaty, or other 
provision of law; (2) for any partisan political purpose; (3) to 
feature any elected officials, persons seeking elected office, cabinet-
level officials, or Federal officials employed pursuant to Schedule C 
of title 5, Code of Federal Regulations, section 213; or (4) in any way 
that otherwise would violate section 1913 of title 18 of the United 
States Code: Provided further, That, for purposes hereof, ``violent 
criminal behavior by young Americans'' means behavior, by minors 
residing in the United States (or in any jurisdiction under the 
sovereign jurisdiction thereof), that both is illegal under Federal, 
State, or local law, and involves acts or threats of physical violence, 
physical injury, or physical harm: Provided further, That not to exceed 
10 percent of the funds appropriated pursuant to this authorization 
shall be used to commission an objective accounting, from a licensed 
and certified public accountant, using generally-accepted accounting 
principles, of the funds appropriated pursuant to this authorization 
and of any other funds or in-kind donations spent or used in the 
campaign, and an objective evaluation both of the impact and cost-
effectiveness of the campaign and of the campaign-related activities of 
the Council and the Clubs, which accounting and evaluation shall be 
submitted by the Council to the Committees on Appropriations and the 
Judiciary of each House of Congress by not later than 9 months after 
the conclusion of the campaign.

SEC. 1618. VICTIMS OF TERRORISM.

    (a) In General.--Section 1404B of the Victims of Crime Act of 1984 
(42 U.S.C. 10603b) is amended to read as follows:

``SEC. 1404B. COMPENSATION AND ASSISTANCE TO VICTIMS OF TERRORISM OR 
              MASS VIOLENCE.

    ``(a) Definitions.--In this section--
            ``(1) the term `eligible crime victim compensation program' 
        means a program that meets the requirements of section 1402(b);
            ``(2) the term `eligible crime victim assistance program' 
        means a program that meets the requirements of section 1404(b);
            ``(3) the term `public agency' includes any Federal, State, 
        or local government or nonprofit organization; and
            ``(4) the term `victim'--
                    ``(A) means an individual who is citizen or 
                employee of the United States, and who is injured or 
                killed as a result of a terrorist act or mass violence, 
                whether occurring within or outside the United States; 
                and
                    ``(B) includes, in the case of an individual 
                described in subparagraph (A) who is deceased, the 
                family members of the individual.
    ``(b) Grants Authorized.--The Director may make grants, as provided 
in either section 1402(d)(4)(B) or 1404--
            ``(1) to States, which shall be used for eligible crime 
        victim compensation programs and eligible crime victim 
        assistance programs for the benefit of victims; and
            ``(2) to victim service organizations, and public agencies 
        that provide emergency or ongoing assistance to victims of 
        crime, which shall be used to provide, for the benefit of 
        victims--
                    ``(A) emergency relief (including compensation, 
                assistance, and crisis response) and other related 
                victim services; and
                    ``(B) training and technical assistance for victim 
                service providers.
    ``(c) Rule of Construction.--Nothing in this section may be 
construed to supplant any compensation available under title VIII of 
the Omnibus Diplomatic Security and Antiterrorism Act of 1986.''.
    (b) Applicability.--The amendment made by this section applies to 
any terrorist act or mass violence occurring on or after December 20, 
1988, with respect to which an investigation or prosecution was ongoing 
after April 24, 1996.

SEC. 1619. TRUTH-IN-SENTENCING INCENTIVE GRANTS.

    (a) Qualification Date.--Section 20104 of the Violent Crime Control 
and Law Enforcement Act of 1994 (42 U.S.C. 13704(a)(3)) is amended by 
striking ``on April 26, 1996'' and inserting ``on or after April 26, 
1996.''
    (b) Minimum Amount.--Section 20106 of the Violent Crime Control and 
Law Enforcement Act of 1994 (42 U.S.C. 13706) is amended by striking 
subsection (b) and inserting the following:
    ``(b) Formula Allocation.--The amount made available to carry out 
this section for any fiscal year under section 20104 shall be allocated 
as follows:
            ``(1) .75 percent shall be allocated to each State that 
        meets the requirements of section 20104, except that the United 
        States Virgin Islands, America Samoa, Guam, and the Northern 
        Mariana Islands each shall be allocated 0.05 percent; and
            ``(2) The amount remaining after the application of 
        paragraph (1) shall be allocated to each State that meets the 
        requirements of section 20104 in the ratio that the average 
        annual number of part 1 violent crimes reported by that State 
        to the Federal Bureau of Investigation for the 3 years 
        preceding the year in which the determination is made bears to 
        the average annual number of part 1 violent crimes reported by 
        States that meet the requirements of section 20104 to the 
        Federal Bureau of Investigation for the 3 years preceding the 
        year in which the determination is made, except that a State 
        may not receive more than 25 percent of the total amount 
        available for such grants.''.

SEC. 1620. APPLICATION OF PROVISION RELATING TO A SENTENCE OF DEATH FOR 
              AN ACT OF ANIMAL ENTERPRISE TERRORISM.

    Section 3591 of title 18, United States Code (relating to 
circumstances under which a defendant may be sentenced to death), shall 
apply to sentencing for a violation of section 43 of title 18, United 
States Code, as amended by this Act to include the death penalty as a 
possible punishment.

SEC. 1621. PROHIBITIONS RELATING TO EXPLOSIVE MATERIALS.

    (a) Prohibition of Sale, Delivery, or Transfer of Explosive 
Materials to Certain Individuals.--Section 842 of title 18, United 
States Code, is amended by striking subsection (d) and inserting the 
following:
    ``(d) Prohibition of Sale, Delivery, or Transfer of Explosive 
Materials to Certain Individuals.--It shall be unlawful for any 
licensee to knowingly sell, deliver, or transfer any explosive 
materials to any individual who--
            ``(1) is less than 21 years of age;
            ``(2) is under indictment for, or has been convicted in any 
        court of, a crime punishable by imprisonment for a term 
        exceeding 1 year;
            ``(3) is a fugitive from justice;
            ``(4) is an unlawful user of or addicted to any controlled 
        substance (as defined in section 102 of the Controlled 
        Substances Act (21 U.S.C. 802));
            ``(5) has been adjudicated as a mental defective or has 
        been committed to any mental institution;
            ``(6) being an alien--
                    ``(A) is illegally or unlawfully in the United 
                States; or
                    ``(B) except as provided in section 845(d), has 
                been admitted to the United States under a nonimmigrant 
                visa (as that term is defined in section 101(a)(26) of 
                the Immigration and Nationality Act (8 U.S.C. 
                1101(a)(26));
            ``(7) has been discharged from the Armed Forces under 
        dishonorable conditions;
            ``(8) having been a citizen of the United States, has 
        renounced his citizenship;
            ``(9) is subject to a court order that restrains such 
        person from harassing, stalking, or threatening an intimate 
        partner of such person or child of such intimate partner or 
        person, or engaging in other conduct that would place an 
        intimate partner in reasonable fear of bodily injury to the 
        partner or child, except that this paragraph shall only apply 
        to a court order that--
                    ``(A) was issued after a hearing of which such 
                person received actual notice, and at which such person 
                had the opportunity to participate; and
                    ``(B)(i) includes a finding that such person 
                represents a credible threat to the physical safety of 
                such intimate partner or child; and
                    ``(ii) by its terms explicitly prohibits the use, 
                attempted use, or threatened use of physical force 
                against such intimate partner or child that would 
                reasonably be expected to cause bodily injury; or
            ``(10) has been convicted in any court of a misdemeanor 
        crime of domestic violence.''.
    (b) Prohibition on Shipping, Transporting, Possession, or Receipt 
of Explosives by Certain Individuals.--Section 842 of title 18, United 
States Code, is amended by striking subsection (i) and inserting the 
following:
    ``(i) Prohibition on Shipping, Transporting, Possession, or Receipt 
of Explosives by Certain Individuals.--It shall be unlawful for any 
person to ship or transport in interstate or foreign commerce, or 
possess, in or affecting commerce, any explosive, or to receive any 
explosive that has been shipped or transported in interstate or foreign 
commerce, if that person--
            ``(1) is less than 21 years of age;
            ``(2) has been convicted in any court, of a crime 
        punishable by imprisonment for a term exceeding 1 year;
            ``(3) is a fugitive from justice;
            ``(4) is an unlawful user of or addicted to any controlled 
        substance (as defined in section 102 of the Controlled 
        Substances Act (21 U.S.C. 802));
            ``(5) has been adjudicated as a mental defective or who has 
        been committed to a mental institution;
            ``(6) being an alien--
                    ``(A) is illegally or unlawfully in the United 
                States; or
                    ``(B) except as provided in section 845(d), has 
                been admitted to the United States under a nonimmigrant 
                visa (as that term is defined in section 101(a)(26) of 
                the Immigration and Nationality Act (8 U.S.C. 
                1101(a)(26));
            ``(7) has been discharged from the Armed Forces under 
        dishonorable conditions;
            ``(8) having been a citizen of the United States, has 
        renounced his citizenship; or
            ``(9) is subject to a court order that--
                    ``(A) was issued after a hearing of which such 
                person received actual notice, and at which such person 
                had an opportunity to participate;
                    ``(B) restrains such person from harassing, 
                stalking, or threatening an intimate partner of such 
                person or child of such intimate partner or person, or 
                engaging in other conduct that would place an intimate 
                partner in reasonable fear of bodily injury to the 
                partner or child; and
                    ``(C)(i) includes a finding that such person 
                represents a credible threat to the physical safety of 
                such intimate partner or child; and
                    ``(ii) by its terms explicitly prohibits the use, 
                attempted use, or threatened use of physical force 
                against such intimate partner or child that would 
                reasonably be expected to cause bodily injury; or
            ``(10) has been convicted in any court of a misdemeanor 
        crime of domestic violence.''.
    (c) Exceptions and Waiver for Certain Individuals.--Section 845 of 
title 18, United States Code, is amended by adding at the end the 
following:
    ``(d) Exceptions and Waiver for Certain Individuals.--
            ``(1) Definitions.--In this subsection--
                    ``(A) the term `alien' has the same meaning as in 
                section 101(a)(3) of the Immigration and Nationality 
                Act (8 U.S.C. 1101(a)(3)); and
                    ``(B) the term `nonimmigrant visa' has the same 
                meaning as in section 101(a)(26) of the Immigration and 
                Nationality Act (8 U.S.C. 1101(a)(26)).
            ``(2) Exceptions.--Subsections (d)(5)(B) and (i)(5)(B) of 
        section 842 do not apply to any alien who has been lawfully 
        admitted to the United States pursuant to a nonimmigrant visa, 
        if that alien is--
                    ``(A) admitted to the United States for lawful 
                hunting or sporting purposes;
                    ``(B) a foreign military personnel on official 
                assignment to the United States;
                    ``(C) an official of a foreign government or a 
                distinguished foreign visitor who has been so 
                designated by the Department of State; or
                    ``(D) a foreign law enforcement officer of a 
                friendly foreign government entering the United States 
                on official law enforcement business.
            ``(3) Waiver.--
                    ``(A) In general.--Any individual who has been 
                admitted to the United States under a nonimmigrant visa 
                and who is not described in paragraph (2), may receive 
                a waiver from the applicability of subsection (d)(5)(B) 
                or (i)(5)(B) of section 842, if--
                            ``(i) the individual submits to the 
                        Attorney General a petition that meets the 
                        requirements of subparagraph (B); and
                            ``(ii) the Attorney General approves the 
                        petition.
                    ``(B) Petitions.--Each petition under subparagraph 
                (A)(i) shall--
                            ``(i) demonstrate that the petitioner has 
                        resided in the United States for a continuous 
                        period of not less than 180 days before the 
                        date on which the petition is submitted under 
                        this paragraph; and
                            ``(ii) include a written statement from the 
                        embassy or consulate of the petitioner, 
                        authorizing the petitioner to engage in any 
                        activity prohibited under subsection (d) or (i) 
                        of section 842, as applicable, and certifying 
                        that the petitioner would not otherwise be 
                        prohibited from engaging in that activity under 
                        subsection (d) or (i) of section 842, as 
                        applicable.''.

SEC. 1622. DISTRICT JUDGES FOR DISTRICTS IN THE STATES OF ARIZONA, 
              FLORIDA, AND NEVADA.

    (a) Short Title.--This section may be cited as the ``Emergency 
Federal Judgeship Act of 1999''.
    (b) In General.--The President shall appoint, by and with the 
advice and consent of the Senate--
            (1) 3 additional district judges for the district of 
        Arizona;
            (2) 4 additional district judges for the middle district of 
        Florida; and
            (3) 2 additional district judges for the district of 
        Nevada.
    (c) Tables.--In order that the table contained in section 133 of 
title 28, United States Code, will reflect the changes in the total 
number of permanent district judgeships authorized as a result of 
subsection (a) of this section--
            (1) the item relating to Arizona in such table is amended 
        to read as follows:

``Arizona...................................................      11'';
            (2) the item relating to Florida in such table is amended 
        to read as follows:

``Florida:
    Northern................................................         4 
    Middle..................................................        15 
    Southern................................................      16'';
        and
            (3) the item relating to Nevada in such table is amended to 
        read as follows:

``Nevada....................................................       6''.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out the provisions 
of this section, including such sums as may be necessary to provide 
appropriate space and facilities for the judicial positions created by 
this section.

SEC. 1623. BEHAVIORAL AND SOCIAL SCIENCE RESEARCH ON YOUTH VIOLENCE.

    (a) NIH Research.--The National Institutes of Health, acting 
through the Office of Behavioral and Social Sciences Research, shall 
carry out a coordinated, multi-year course of behavioral and social 
science research on the causes and prevention of youth violence.
    (b) Nature of Research.--Funds made available to the National 
Institutes of Health pursuant to this section shall be utilized to 
conduct, support, coordinate, and disseminate basic and applied 
behavioral and social science research with respect to youth violence, 
including research on 1 or more of the following subjects:
            (1) The etiology of youth violence.
            (2) Risk factors for youth violence.
            (3) Childhood precursors to antisocial violent behavior.
            (4) The role of peer pressure in inciting youth violence.
            (5) The processes by which children develop patterns of 
        thought and behavior, including beliefs about the value of 
        human life.
            (6) Science-based strategies for preventing youth violence, 
        including school and community-based programs.
            (7) Other subjects that the Director of the Office of 
        Behavioral and Social Sciences Research deems appropriate.
    (c) Role of the Office of Behavioral and Social Sciences 
Research.--Pursuant to this section and section 404A of the Public 
Health Service Act (42 U.S.C. 283c), the Director of the Office of 
Behavioral and Social Sciences Research shall--
            (1) coordinate research on youth violence conducted or 
        supported by the agencies of the National Institutes of Health;
            (2) identify youth violence research projects that should 
        be conducted or supported by the research institutes, and 
        develop such projects in cooperation with such institutes and 
        in consultation with State and Federal law enforcement 
        agencies;
            (3) take steps to further cooperation and collaboration 
        between the National Institutes of Health and the Centers for 
        Disease Control and Prevention, the Substance Abuse and Mental 
        Health Services Administration, the agencies of the Department 
        of Justice, and other governmental and nongovernmental agencies 
        with respect to youth violence research conducted or supported 
        by such agencies;
            (4) establish a clearinghouse for information about youth 
        violence research conducted by governmental and nongovernmental 
        entities; and
            (5) periodically report to Congress on the state of youth 
        violence research and make recommendations to Congress 
        regarding such research.
    (d) Funding.--There is authorized to be appropriated, $5,000,000 
for each of fiscal years 2000 through 2004 to carry out this section. 
If amount are not separately appropriated to carry out this section, 
the Director of the National Institutes of Health shall carry out this 
section using funds appropriated generally to the National Institutes 
of Health, except that funds expended for under this section shall 
supplement and not supplant existing funding for behavioral research 
activities at the National Institutes of Health.

SEC. 1624. SENSE OF THE SENATE REGARDING MENTORING PROGRAMS.

    (a) Findings.--The Senate finds that--
            (1) the well-being of all people of the United States is 
        preserved and enhanced when young people are given the guidance 
        they need to live healthy and productive lives;
            (2) adult mentors can play an important role in ensuring 
        that young people become healthy, productive, successful 
        members of society;
            (3) at-risk young people with mentors are 46 percent less 
        likely to begin using illegal drugs than at-risk young people 
        without mentors;
            (4) at-risk young people with mentors are 27 percent less 
        likely to begin using alcohol than at-risk young people without 
        mentors;
            (5) at-risk young people with mentors are 53 percent less 
        likely to skip school than at-risk young people without 
        mentors;
            (6) at-risk young people with mentors are 33 percent less 
        likely to hit someone than at-risk young people without 
        mentors;
            (7) 73 percent of students with mentors report that their 
        mentors helped raise their goals and expectations; and
            (8) there are many employees of the Federal Government who 
        would like to serve as youth or family mentors but are unable 
        to leave their jobs to participate in mentoring programs.
    (b) Sense of the Senate.--It is the sense of the Senate that the 
President should issue an Executive Order allowing all employees of the 
Federal Government to use a maximum of 1 hour each week of excused 
absence or administrative leave to serve as mentors in youth or family 
mentoring programs.

SEC. 1625. FAMILIES AND SCHOOLS TOGETHER PROGRAM.

    (a) Definitions.--In this section:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Office of Juvenile Justice and Delinquency 
        in the Department of Justice.
            (2) Fast program.--The term ``FAST program'' means a 
        program that addresses the urgent social problems of youth 
        violence and chronic juvenile delinquency by building and 
        enhancing juveniles' relationships with their families, peers, 
        teachers, school staff, and other members of the community by 
        bringing together parents, schools, and communities to help--
                    (A) at-risk children identified by their teachers 
                to succeed;
                    (B) enhance the functioning of families with at-
                risk children;
                    (C) prevent alcohol and other drug abuse in the 
                family; and
                    (D) reduce the stress that their families 
                experience from daily life.
    (b) Authorization.--In consultation with the Attorney General, the 
Secretary of Education, and the Secretary of the Department of Health 
and Human Services, the Administrator shall carry out a Family and 
Schools Together program to promote FAST programs.
    (c) Regulations.--Not later than 60 days after the date of 
enactment of this Act, the Administrator, in consultation with the 
Attorney General, the Secretary of Education, and the Secretary of the 
Department of Health and Human Services shall develop regulations 
governing the distribution of the funds for FAST programs.
    (d) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated to 
        carry out this section $9,000,000 for each of the fiscal years 
        2000 through 2004.
            (2) Allocation.--Of amounts appropriated under paragraph 
        (1)--
                    (A) 83.33 percent shall be available for the 
                implementation of local FAST programs; and
                    (B) 16.67 percent shall be available for research 
                and evaluation of FAST programs.

SEC. 1626. AMENDMENTS RELATING TO VIOLENT CRIME IN INDIAN COUNTRY AND 
              AREAS OF EXCLUSIVE FEDERAL JURISDICTION.

    (a) Assaults With Maritime and Territorial Jurisdiction.--Section 
113(a)(3) of title 18, United States Code, is amended by striking 
``with intent to do bodily harm, and''.
    (b) Offenses Committed Within Indian Country.--Section 1153 of 
title 18, United States Code, is amended--
            (1) in subsection (a), by inserting ``an offense for which 
        the maximum statutory term of imprisonment under section 1363 
        is greater than 5 years,'' after ``a felony under chapter 
        109A,''; and
            (2) by adding at the end the following:
    ``(c) Nothing in this section shall limit the inherent power of an 
Indian tribe to exercise criminal jurisdiction over any Indian with 
respect to any offense committed within Indian country, subject to the 
limitations on punishment under section 202(7) of the Civil Rights Act 
of 1968 (25 U.S.C. 1302(7)).''.
    (c) Racketeering Activity.--Section 1961(1)(A) of title 18, United 
States Code, is amended by inserting ``(or would have been so 
chargeable except that the act or threat was committed in Indian 
country, as defined in section 1151, or in any other area of exclusive 
Federal jurisdiction)'' after ``chargeable under State law''.
    (d) Manslaughter Within the Special Maritime and Territorial 
Jurisdiction of the United States.--Section 1112(b) of title 18, United 
States Code, is amended by striking ``ten years'' and inserting ``20 
years''.
    (e) Embezzlement and Theft From Indian Tribal Organizations.--The 
second undesignated paragraph of section 1163 of title 18, United 
States Code, is amended by striking ``so embezzled,'' and inserting 
``embezzled,''.

SEC. 1627. FEDERAL JUDICIARY PROTECTION ACT OF 1999.

    (a) Short Title.--This section may be cited as the ``Federal 
Judiciary Protection Act of 1999''.
    (b) Assaulting, Resisting, or Impeding Certain Officers or 
Employees.--Section 111 of title 18, United States Code, is amended--
            (1) in subsection (a), by striking ``three'' and inserting 
        ``8''; and
            (2) in subsection (b), by striking ``ten'' and inserting 
        ``20''.
    (c) Influencing, Impeding, or Retaliating Against a Federal 
Official by Threatening or Injuring a Family Member.--Section 115(b)(4) 
of title 18, United States Code, is amended--
            (1) by striking ``five'' and inserting ``10''; and
            (2) by striking ``three'' and inserting ``6''.
    (d) Mailing Threatening Communications.--Section 876 of title 18, 
United States Code, is amended--
            (1) by designating the first 4 undesignated paragraphs as 
        subsections (a) through (d), respectively;
            (2) in subsection (c), as so designated, by adding at the 
        end the following: ``If such a communication is addressed to a 
        United States judge, a Federal law enforcement officer, or an 
        official who is covered by section 1114, the individual shall 
        be fined under this title, imprisoned not more than 10 years, 
        or both.''; and
            (3) in subsection (d), as so designated, by adding at the 
        end the following: ``If such a communication is addressed to a 
        United States judge, a Federal law enforcement officer, or an 
        official who is covered by section 1114, the individual shall 
        be fined under this title, imprisoned not more than 10 years, 
        or both.''.
    (e) Amendment of the Sentencing Guidelines for Assaults and Threats 
Against Federal Judges and Certain Other Federal Officials and 
Employees.--
            (1) In general.--Pursuant to its authority under section 
        994 of title 28, United States Code, the United States 
        Sentencing Commission shall review and amend the Federal 
        sentencing guidelines and the policy statements of the 
        Commission, if appropriate, to provide an appropriate 
        sentencing enhancement for offenses involving influencing, 
        assaulting, resisting, impeding, retaliating against, or 
        threatening a Federal judge, magistrate judge, or any other 
        official described in section 111 or 115 of title 18, United 
        States Code.
            (2) Factors for consideration.--In carrying out this 
        section, the United States Sentencing Commission shall 
        consider, with respect to each offense described in paragraph 
        (1)--
                    (A) any expression of congressional intent 
                regarding the appropriate penalties for the offense;
                    (B) the range of conduct covered by the offense;
                    (C) the existing sentences for the offense;
                    (D) the extent to which sentencing enhancements 
                within the Federal sentencing guidelines and the 
                court's authority to impose a sentence in excess of the 
                applicable guideline range are adequate to ensure 
                punishment at or near the maximum penalty for the most 
                egregious conduct covered by the offense;
                    (E) the extent to which Federal sentencing 
                guideline sentences for the offense have been 
                constrained by statutory maximum penalties;
                    (F) the extent to which Federal sentencing 
                guidelines for the offense adequately achieve the 
                purposes of sentencing as set forth in section 
                3553(a)(2) of title 18, United States Code;
                    (G) the relationship of Federal sentencing 
                guidelines for the offense to the Federal sentencing 
                guidelines for other offenses of comparable 
                seriousness; and
                    (H) any other factors that the Commission considers 
                to be appropriate.

SEC. 1628. LOCAL ENFORCEMENT OF LOCAL ALCOHOL PROHIBITIONS THAT REDUCE 
              JUVENILE CRIME IN REMOTE ALASKA VILLAGES.

    (a) Congressional Findings.--The Congress finds the following:
            (1) Villages in remote areas of Alaska lack local law 
        enforcement due to the absence of a tax base to support such 
        services and to small populations that do not secure sufficient 
        funds under existing State and Federal grant program formulas.
            (2) State troopers are often unable to respond to reports 
        of violence in remote villages if there is inclement weather, 
        and often only respond in reported felony cases.
            (3) Studies conclude that alcohol consumption is strongly 
        linked to the commission of violent crimes in remote Alaska 
        villages and that youth are particularly susceptible to 
        developing chronic criminal behaviors associated with alcohol 
        in the absence of early intervention.
            (4) Many remote villages have sought to limit the 
        introduction of alcohol into their communities as a means of 
        early intervention and to reduce criminal conduct among 
        juveniles.
            (5) In many remote villages, there is no person with the 
        authority to enforce these local alcohol restrictions in a 
        manner consistent with judicical standards of due process 
        required under the State and Federal constitutions.
            (6) Remote Alaska villages are experiencing a marked 
        increase in births and the number of juveniles residing in 
        villages is expected to increase dramatically in the next 5 
        years.
            (7) Adoption of alcohol prohibitions by voters in remote 
        villages represents a community-based effort to reduce juvenile 
        crime, but this local policy choice requires local law 
        enforcement to be effective.
    (b) Grant of Federal Funds.--(1) The Attorney General is authorized 
to provide to the State of Alaska funds for State law enforcement, 
judicial infrastructure and other costs necessary in remote villages to 
implement the prohibitions on the sale, importation and possession of 
alcohol adopted pursuant to State local option statutes.
    (2) Funds provided to the State of Alaska under this section shall 
be in addition to and shall not disqualify the State, local 
governments, or Indian tribes (as that term is defined in section 4(e) 
of the Indian Self-Determination and Education Assistance Act (P.L. 93-
638, as amended; 25 U.S.C. 450b(e) (1998)) from Federal funds available 
under other authority.
    (c) Authorization of Appropriations.--
            (1) In General.--There are authorized to be appropriated to 
        carry out this section--
                    (A) $15,000,000 for fiscal year 2000;
                    (B) $17,000,000 for fiscal year 2001;
                    (C) $18,000,000 for fiscal year 2002.
            (2) Source of sums.--Amounts authorized to be appropriated 
        under this subsection may be derived from the Violent Crime 
        Reduction Trust Fund.

SEC. 1629. RULE OF CONSTRUCTION.

    Nothing in this Act may be construed to create, expand or diminish 
or in any way affect the jurisdiction of an Indian tribe in the State 
of Alaska.

SEC. 1630. BOUNTY HUNTER ACCOUNTABILITY AND QUALITY ASSISTANCE.

    (a) Findings.--Congress finds that--
            (1) bounty hunters, also known as bail enforcement officers 
        or recovery agents, provide law enforcement officers and the 
        courts with valuable assistance in recovering fugitives from 
        justice;
            (2) regardless of the differences in their duties, skills, 
        and responsibilities, the public has had difficulty in 
        discerning the difference between law enforcement officers and 
        bounty hunters;
            (3) the availability of bail as an alternative to the 
        pretrial detention or unsecured release of criminal defendants 
        is important to the effective functioning of the criminal 
        justice system;
            (4) the safe and timely return to custody of fugitives who 
        violate bail contracts is an important matter of public safety, 
        as is the return of any other fugitive from justice;
            (5) bail bond agents are widely regulated by the States, 
        whereas bounty hunters are largely unregulated;
            (6) the public safety requires the employment of qualified, 
        well-trained bounty hunters; and
            (7) in the course of their duties, bounty hunters often 
        move in and affect interstate commerce.
    (b) Definitions.--In this section--
            (1) the term ``bail bond agent'' means any retail seller of 
        a bond to secure the release of a criminal defendant pending 
        judicial proceedings, unless such person also is self-employed 
        to obtain the recovery of any fugitive from justice who has 
        been released on bail;
            (2) the term ``bounty hunter''--
                    (A) means any person whose services are engaged, 
                either as an independent contractor or as an employee 
                of a bounty hunter employer, to obtain the recovery of 
                any fugitive from justice who has been released on 
                bail; and
                    (B) does not include any--
                            (i) law enforcement officer acting under 
                        color of law;
                            (ii) attorney, accountant, or other 
                        professional licensed under applicable State 
                        law;
                            (iii) employee whose duties are primarily 
                        internal audit or credit functions;
                            (iv) person while engaged in the 
                        performance of official duties as a member of 
                        the Armed Forces on active duty (as defined in 
                        section 101(d)(1) of title 10, United States 
                        Code); or
                            (v) bail bond agent;
            (3) the term ``bounty hunter employer''--
                    (A) means any person that--
                            (i) employs 1 or more bounty hunters; or
                            (ii) provides, as an independent 
                        contractor, for consideration, the services of 
                        1 or more bounty hunters (which may include the 
                        services of that person); and
                    (B) does not include any bail bond agent; and
            (4) the term ``law enforcement officer'' means a public 
        officer or employee authorized under applicable Federal or 
        State law to conduct or engage in the prevention, 
        investigation, prosecution, or adjudication of criminal 
        offenses, including any public officer or employee engaged in 
        corrections, parole, or probation functions, or the recovery of 
        any fugitive from justice.
    (c) Model Guidelines.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Attorney General shall develop model 
        guidelines for the State control and regulation of persons 
        employed or applying for employment as bounty hunters. In 
        developing such guidelines, the Attorney General shall consult 
        with organizations representing--
                    (A) State and local law enforcement officers;
                    (B) State and local prosecutors;
                    (C) the criminal defense bar;
                    (D) bail bond agents;
                    (E) bounty hunters; and
                    (F) corporate sureties.
            (2) Recommendations.--The guidelines developed under 
        paragraph (1) shall include recommendations of the Attorney 
        General regarding whether--
                    (A) a person seeking employment as a bounty hunter 
                should--
                            (i) be required to submit to a fingerprint-
                        based criminal background check prior to 
                        entering into the performance of duties 
                        pursuant to employment as a bounty hunter; or
                            (ii) not be allowed to obtain such 
                        employment if that person has been convicted of 
                        a felony offense under Federal or State law;
                    (B) bounty hunters and bounty hunter employers 
                should be required to obtain adequate liability 
                insurance for actions taken in the course of performing 
                duties pursuant to employment as a bounty hunter; and
                    (C) State laws should provide--
                            (i) for the prohibition on bounty hunters 
                        entering any private dwelling, unless the 
                        bounty hunter first knocks on the front door 
                        and announces the presence of 1 or more bounty 
                        hunters; and
                            (ii) the official recognition of bounty 
                        hunters from other States.
            (3) Effect on bail.--The guidelines published under 
        paragraph (1) shall include an analysis of the estimated 
        effect, if any, of the adoption of the guidelines by the States 
        on--
                    (A) the cost and availability of bail; and
                    (B) the bail bond agent industry.
            (4) No regulatory authority.--Nothing in this subsection 
        may be construed to authorize the promulgation of any Federal 
        regulation relating to bounty hunters, bounty hunter employers, 
        or bail bond agents.
            (5) Publication of guidelines.--The Attorney General shall 
        publish model guidelines developed pursuant to paragraph (1) in 
        the Federal Register.

SEC. 1631. ASSISTANCE FOR UNINCORPORATED NEIGHBORHOOD WATCH PROGRAMS.

    (a) In General.--Section 1701(d) of title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd(d)) is amended--
            (1) in paragraph (10), by striking ``and'' at the end;
            (2) in paragraph (11), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
            ``(12) provide assistance to unincorporated neighborhood 
        watch organizations approved by the appropriate local police or 
        sheriff's department, in an amount equal to not more than 
        $1,950 per organization, for the purchase of citizen band 
        radios, street signs, magnetic signs, flashlights, and other 
        equipment relating to neighborhood watch patrols.''.
    (b) Authorization of Appropriations.--Section 1001(a)(11) of title 
I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
3793(a)(11)) is amended--
            (1) in subparagraph (A), by striking clause (vi) and 
        inserting the following:
            ``(vi) $282,625,000 for fiscal year 2000.''; and
            (2) in subparagraph (B) by inserting after ``(B)'' the 
        following: ``Of amounts made available to carry out part Q in 
        each fiscal year $14,625,000 shall be used to carry out section 
        1701(d)(12).''.

SEC. 1632. FINDINGS AND SENSE OF CONGRESS.

    (a) Findings.--Congress makes the following findings--
            (1) The Nation's highest priority should be to ensure that 
        children begin school ready to learn.
            (2) New scientific research shows that the electrical 
        activity of brain cells actually changes the physical structure 
        of the brain itself and that without a stimulating environment, 
        a baby's brain will suffer. At birth, a baby's brain contains 
        100,000,000,000 neurons, roughly as many nerve cells as there 
        are stars in the Milky Way, but the wiring pattern between 
        these neurons develops over time. Children who play very little 
        or are rarely touched develop brains that are 20 to 30 percent 
        smaller than normal for their age.
            (3) This scientific research also conclusively demonstrates 
        that enhancing children's physical, social, emotional, and 
        intellectual development will result in tremendous benefits for 
        children, families, and the Nation.
            (4) Since more than 50 percent of the mothers of children 
        under the age of 3 now work outside of the home, society must 
        change to provide new supports so young children receive the 
        attention and care that they need.
            (5) There are 12,000,000 children under the age of 3 in the 
        United States today and 1 in 4 lives in poverty.
            (6) Compared with most other industrialized countries, the 
        United States has a higher infant mortality rate, a higher 
        proportion of low-birth weight babies, and a smaller proportion 
        of babies immunized against childhood diseases.
            (7) National and local studies have found a strong link 
        between--
                    (A) lack of early intervention for children; and
                    (B) increased violence and crime among youth.
            (8) The United States will spend more than $35,000,000,000 
        over the next 5 years on Federal programs for at-risk or 
        delinquent youth and child welfare programs, which address 
        crisis situations that frequently could have been avoided or 
        made much less severe through good early intervention for 
        children.
            (9) Many local communities across the country have 
        developed successful early childhood efforts and with 
        additional resources could expand and enhance opportunities for 
        young children.
    (b) Sense of Congress.--It is the sense of Congress that Federal 
funding for early childhood development collaboratives should be a 
priority in the Federal budget for fiscal year 2000 and subsequent 
fiscal years.

SEC. 1633. PROHIBITION ON PROMOTING VIOLENCE ON FEDERAL PROPERTY.

    (a) General Rule.--A Federal department or agency that--
            (1) considers a request from an individual or entity for 
        the use of any property, facility, equipment, or personnel of 
        the department or agency, or for any other cooperation from the 
        department or agency, to film a motion picture or television 
        production for commercial purposes; and
            (2) makes a determination as to whether granting a request 
        described in paragraph (1) is consistent with--
                    (A) United States policy;
                    (B) the mission or interest of the department or 
                agency; or
                    (C) the public interest;
shall not grant such a request without considering whether such motion 
picture or television production glorifies or endorses wanton and 
gratuitous violence.
    (b) Exception.--Subsection (a) shall not apply to--
            (1) any bona fide newsreel or news television production; 
        or
            (2) any public service announcement.

SEC. 1634. PROVISIONS RELATING TO PAWN SHOPS AND SPECIAL LICENSEES.

    (a) Notwithstanding any other provision of this Act, the repeal 
heretofore effected by paragraph (1) and the amendment heretofore 
effected by paragraph (2) of subsection (c) with the heading 
``Provision Related to Pawn and Other Transactions'' of section 503 of 
title V with the heading ``General Firearm Provisions'' shall be null 
and void.
    (b) Notwithstanding any other provision of this Act, section 
923(m)(1), of title 18, United States Code, as heretofore provided, is 
amended by adding at the end the following subparagraph:
                    ``(F) Compliance.--Except as to the State and local 
                planning and zoning requirements for a licensed 
                premises as provided in subparagraph (D), a special 
                licensee shall be subject to all of the provisions of 
                this chapter applicable to dealers, including, but not 
                limited to, the performance of an instant background 
                check.''.

SEC. 1635. EXTENSION OF BRADY BACKGROUND CHECKS TO GUN SHOWS.

    (a) Findings.--Congress finds that--
            (1) more than 4,400 traditional gun shows are held annually 
        across the United States, attracting thousands of attendees per 
        show and hundreds of Federal firearms licensees and nonlicensed 
        firearms sellers;
            (2) traditional gun shows, as well as flea markets and 
        other organized events, at which a large number of firearms are 
        offered for sale by Federal firearms licensees and nonlicensed 
        firearms sellers, form a significant part of the national 
        firearms market;
            (3) firearms and ammunition that are exhibited or offered 
        for sale or exchange at gun shows, flea markets, and other 
        organized events move easily in and substantially affect 
        interstate commerce;
            (4) in fact, even before a firearm is exhibited or offered 
        for sale or exchange at a gun show, flea market, or other 
        organized event, the gun, its component parts, ammunition, and 
        the raw materials from which it is manufactured have moved in 
        interstate commerce;
            (5) gun shows, flea markets, and other organized events at 
        which firearms are exhibited or offered for sale or exchange, 
        provide a convenient and centralized commercial location at 
        which firearms may be bought and sold anonymously, often 
        without background checks and without records that enable gun 
        tracing;
            (6) at gun shows, flea markets, and other organized events 
        at which guns are exhibited or offered for sale or exchange, 
        criminals and other prohibited persons obtain guns without 
        background checks and frequently use guns that cannot be traced 
        to later commit crimes;
            (7) many persons who buy and sell firearms at gun shows, 
        flea markets, and other organized events cross State lines to 
        attend these events and engage in the interstate transportation 
        of firearms obtained at these events;
            (8) gun violence is a pervasive, national problem that is 
        exacerbated by the availability of guns at gun shows, flea 
        markets, and other organized events;
            (9) firearms associated with gun shows have been 
        transferred illegally to residents of another State by Federal 
        firearms licensees and nonlicensed firearms sellers, and have 
        been involved in subsequent crimes including drug offenses, 
        crimes of violence, property crimes, and illegal possession of 
        firearms by felons and other prohibited persons; and
            (10) Congress has the power, under the interstate commerce 
        clause and other provisions of the Constitution of the United 
        States, to ensure, by enactment of this Act, that criminals and 
        other prohibited persons do not obtain firearms at gun shows, 
        flea markets, and other organized events.
    (b) Definitions.--Section 921(a) of title 18, United States Code, 
is amended by adding at the end the following:
    ``(35) Gun show.--The term `gun show' means any event--
            ``(A) at which 50 or more firearms are offered or exhibited 
        for sale, transfer, or exchange, if 1 or more of the firearms 
        has been shipped or transported in, or otherwise affects, 
        interstate or foreign commerce; and
            ``(B) at which--
                    ``(i) not less than 20 percent of the exhibitors 
                are firearm exhibitors;
                    ``(ii) there are not less than 10 firearm 
                exhibitors; or
                    ``(iii) 50 or more firearms are offered for sale, 
                transfer, or exchange.
    ``(36) Gun show promoter.--The term `gun show promoter' means any 
person who organizes, plans, promotes, or operates a gun show.
    ``(37) Gun show vendor.--The term `gun show vendor' means any 
person who exhibits, sells, offers for sale, transfers, or exchanges 1 
or more firearms at a gun show, regardless of whether or not the person 
arranges with the gun show promoter for a fixed location from which to 
exhibit, sell, offer for sale, transfer, or exchange 1 or more 
firearms.''
    (c) Regulation of Firearms Transfers at Gun Shows.--
            (1) In general.--Chapter 44 of title 18, United States 
        Code, is amended by adding at the end the following:
``Sec. 931. Regulation of firearms transfers at gun shows
    ``(a) Registration of Gun Show Promoters.--It shall be unlawful for 
any person to organize, plan, promote, or operate a gun show unless 
that person--
            ``(1) registers with the Secretary in accordance with 
        regulations promulgated by the Secretary; and
            ``(2) pays a registration fee, in an amount determined by 
        the Secretary.
    ``(b) Responsibilities of Gun Show Promoters.--It shall be unlawful 
for any person to organize, plan, promote, or operate a gun show unless 
that person--
            ``(1) before commencement of the gun show, verifies the 
        identity of each gun show vendor participating in the gun show 
        by examining a valid identification document (as defined in 
        section 1028(d)(1)) of the vendor containing a photograph of 
        the vendor;
            ``(2) before commencement of the gun show, requires each 
        gun show vendor to sign--
                    ``(A) a ledger with identifying information 
                concerning the vendor; and
                    ``(B) a notice advising the vendor of the 
                obligations of the vendor under this chapter; and
            ``(3) notifies each person who attends the gun show of the 
        requirements of this chapter, in accordance with such 
        regulations as the Secretary shall prescribe; and
            ``(4) maintains a copy of the records described in 
        paragraphs (1) and (2) at the permanent place of business of 
        the gun show promoter for such period of time and in such form 
        as the Secretary shall require by regulation.
    ``(c) Responsibilities of Transferors Other Than Licensees.--
            ``(1) In general.--If any part of a firearm transaction 
        takes place at a gun show, it shall be unlawful for any person 
        who is not licensed under this chapter to transfer a firearm to 
        another person who is not licensed under this chapter, unless 
        the firearm is transferred through a licensed importer, 
        licensed manufacturer, or licensed dealer in accordance with 
        subsection (e).
            ``(2) Criminal background checks.--A person who is subject 
        to the requirement of paragraph (1)--
                    ``(A) shall not transfer the firearm to the 
                transferee until the licensed importer, licensed 
                manufacturer, or licensed dealer through which the 
                transfer is made under subsection (e) makes the 
                notification described in subsection (e)(3)(A); and
                    ``(B) notwithstanding subparagraph (A), shall not 
                transfer the firearm to the transferee if the licensed 
                importer, licensed manufacturer, or licensed dealer 
                through which the transfer is made under subsection (e) 
                makes the notification described in subsection 
                (e)(3)(B).
            ``(3) Absence of recordkeeping requirements.--Nothing in 
        this section shall permit or authorize the Secretary to impose 
        recordkeeping requirements on any nonlicensed vendor.
    ``(d) Responsibilities of Transferees Other Than Licensees.--
            ``(1) In general.--If any part of a firearm transaction 
        takes place at a gun show, it shall be unlawful for any person 
        who is not licensed under this chapter to receive a firearm 
        from another person who is not licensed under this chapter, 
        unless the firearm is transferred through a licensed importer, 
        licensed manufacturer, or licensed dealer in accordance with 
        subsection (e).
            ``(2) Criminal background checks.--A person who is subject 
        to the requirement of paragraph (1)--
                    ``(A) shall not receive the firearm from the 
                transferor until the licensed importer, licensed 
                manufacturer, or licensed dealer through which the 
                transfer is made under subsection (e) makes the 
                notification described in subsection (e)(3)(A); and
                    ``(B) notwithstanding subparagraph (A), shall not 
                receive the firearm from the transferor if the licensed 
                importer, licensed manufacturer, or licensed dealer 
                through which the transfer is made under subsection (e) 
                makes the notification described in subsection 
                (e)(3)(B).
    ``(e) Responsibilities of Licensees.--A licensed importer, licensed 
manufacturer, or licensed dealer who agrees to assist a person who is 
not licensed under this chapter in carrying out the responsibilities of 
that person under subsection (c) or (d) with respect to the transfer of 
a firearm shall--
            ``(1) enter such information about the firearm as the 
        Secretary may require by regulation into a separate bound 
        record;
            ``(2) record the transfer on a form specified by the 
        Secretary;
            ``(3) comply with section 922(t) as if transferring the 
        firearm from the inventory of the licensed importer, licensed 
        manufacturer, or licensed dealer to the designated transferee 
        (although a licensed importer, licensed manufacturer, or 
        licensed dealer complying with this subsection shall not be 
        required to comply again with the requirements of section 
        922(t) in delivering the firearm to the nonlicensed 
        transferor), and notify the nonlicensed transferor and the 
        nonlicensed transferee--
                    ``(A) of such compliance; and
                    ``(B) if the transfer is subject to the 
                requirements of section 922(t)(1), of any receipt by 
                the licensed importer, licensed manufacturer, or 
                licensed dealer of a notification from the national 
                instant criminal background check system that the 
                transfer would violate section 922 or would violate 
                State law;
            ``(4) not later than 10 days after the date on which the 
        transfer occurs, submit to the Secretary a report of the 
        transfer, which report--
                    ``(A) shall be on a form specified by the Secretary 
                by regulation; and
                    ``(B) shall not include the name of or other 
                identifying information relating to any person involved 
                in the transfer who is not licensed under this chapter;
            ``(5) if the licensed importer, licensed manufacturer, or 
        licensed dealer assists a person other than a licensee in 
        transferring, at 1 time or during any 5 consecutive business 
        days, 2 or more pistols or revolvers, or any combination of 
        pistols and revolvers totaling 2 or more, to the same 
        nonlicensed person, in addition to the reports required under 
        paragraph (4), prepare a report of the multiple transfers, 
        which report shall be--
                    ``(A) prepared on a form specified by the 
                Secretary; and
                    ``(B) not later than the close of business on the 
                date on which the transfer occurs, forwarded to--
                            ``(i) the office specified on the form 
                        described in subparagraph (A); and
                            ``(ii) the appropriate State law 
                        enforcement agency of the jurisdiction in which 
                        the transfer occurs; and
            ``(6) retain a record of the transfer as part of the 
        permanent business records of the licensed importer, licensed 
        manufacturer, or licensed dealer.
    ``(f) Records of Licensee Transfers.--If any part of a firearm 
transaction takes place at a gun show, each licensed importer, licensed 
manufacturer, and licensed dealer who transfers 1 or more firearms to a 
person who is not licensed under this chapter shall, not later than 10 
days after the date on which the transfer occurs, submit to the 
Secretary a report of the transfer, which report--
            ``(1) shall be in a form specified by the Secretary by 
        regulation;
            ``(2) shall not include the name of or other identifying 
        information relating to the transferee; and
            ``(3) shall not duplicate information provided in any 
        report required under subsection (e)(4).
    ``(g) Firearm Transaction Defined.--In this section, the term 
`firearm transaction'--
            ``(1) includes the offer for sale, sale, transfer, or 
        exchange of a firearm; and
            ``(2) does not include the mere exhibition of a firearm.''.
            (2) Penalties.--Section 924(a) of title 18, United States 
        Code, is amended by adding at the end the following:
    ``(7)(A) Whoever knowingly violates section 931(a) shall be fined 
under this title, imprisoned not more than 5 years, or both.
    ``(B) Whoever knowingly violates subsection (b) or (c) of section 
931, shall be--
            ``(i) fined under this title, imprisoned not more than 2 
        years, or both; and
            ``(ii) in the case of a second or subsequent conviction, 
        such person shall be fined under this title, imprisoned not 
        more than 5 years, or both.
    ``(C) Whoever willfully violates section 931(d), shall be--
            ``(i) fined under this title, imprisoned not more than 2 
        years, or both; and
            ``(ii) in the case of a second or subsequent conviction, 
        such person shall be fined under this title, imprisoned not 
        more than 5 years, or both.
    ``(D) Whoever knowingly violates subsection (e) or (f) of section 
931 shall be fined under this title, imprisoned not more than 5 years, 
or both.
    ``(E) In addition to any other penalties imposed under this 
paragraph, the Secretary may, with respect to any person who knowingly 
violates any provision of section 931--
            ``(i) if the person is registered pursuant to section 
        931(a), after notice and opportunity for a hearing, suspend for 
        not more than 6 months or revoke the registration of that 
        person under section 931(a); and
            ``(ii) impose a civil fine in an amount equal to not more 
        than $10,000.''.
            (3) Technical and conforming amendments.--Chapter 44 of 
        title 18, United States Code, is amended--
                    (A) in the chapter analysis, by adding at the end 
                the following:

``931. Regulation of firearms transfers at gun shows.'';
                and
                    (B) in the first sentence of section 923(j), by 
                striking ``a gun show or event'' and inserting ``an 
                event''; and
    (d) Inspection Authority.--Section 923(g)(1) is amended by adding 
at the end the following:
    ``(E) Notwithstanding subparagraph (B), the Secretary may enter 
during business hours the place of business of any gun show promoter 
and any place where a gun show is held for the purposes of examining 
the records required by sections 923 and 931 and the inventory of 
licensees conducting business at the gun show. Such entry and 
examination shall be conducted for the purposes of determining 
compliance with this chapter by gun show promoters and licensees 
conducting business at the gun show and shall not require a showing of 
reasonable cause or a warrant.''.
    (e) Increased Penalties for Serious Recordkeeping Violations by 
Licensees.--Section 924(a)(3) of title 18, United States Code, is 
amended to read as follows:
    ``(3)(A) Except as provided in subparagraph (B), any licensed 
dealer, licensed importer, licensed manufacturer, or licensed collector 
who knowingly makes any false statement or representation with respect 
to the information required by this chapter to be kept in the records 
of a person licensed under this chapter, or violates section 922(m) 
shall be fined under this title, imprisoned not more than 1 year, or 
both.
    ``(B) If the violation described in subparagraph (A) is in relation 
to an offense--
            ``(i) under paragraph (1) or (3) of section 922(b), such 
        person shall be fined under this title, imprisoned not more 
        than 5 years, or both; or
            ``(ii) under subsection (a)(6) or (d) of section 922, such 
        person shall be fined under this title, imprisoned not more 
        than 10 years, or both.''.
    (f) Increased Penalties for Violations of Criminal Background Check 
Requirements.--
            (1) Penalties.--Section 924 of title 18, United States 
        Code, is amended--
                    (A) in paragraph (5), by striking ``subsection (s) 
                or (t) of section 922'' and inserting ``section 
                922(s)''; and
                    (B) by adding at the end the following:
    ``(8) Whoever knowingly violates section 922(t) shall be fined 
under this title, imprisoned not more than 5 years, or both.''.
            (2) Elimination of certain elements of offense.--Section 
        922(t)(5) of title 18, United States Code, is amended by 
        striking ``and, at the time'' and all that follows through 
        ``State law''.
    (g) Gun Owner Privacy and Prevention of Fraud and Abuse of System 
Information.--Section 922(t)(2)(C) of title 18, United States Code, is 
amended by inserting before the period at the end the following: ``, as 
soon as possible, consistent with the responsibility of the Attorney 
General under section 103(h) of the Brady Handgun Violence Prevention 
Act to ensure the privacy and security of the system and to prevent 
system fraud and abuse, but in no event later than 90 days after the 
date on which the licensee first contacts the system with respect to 
the transfer''.
    (h) Effective Date.--This section (other than subsection (i)) and 
the amendments made by this section shall take effect 180 days after 
the date of enactment of this Act.
    (i) Inapplicability of Other Provisions.--Notwithstanding any other 
provision of this Act, the provisions of the title headed ``GENERAL 
FIREARM PROVISIONS'' (as added by the amendment of Mr. Craig number 
332) and the provisions of the section headed ``APPLICATION OF SECTION 
923 (j) AND (m)'' (as added by the amendment of Mr. Hatch number 344) 
shall be null and void.

SEC. 1636. APPROPRIATE INTERVENTIONS AND SERVICES; CLARIFICATION OF 
              FEDERAL LAW.

    (a) Appropriate Interventions and Services.--School personnel shall 
ensure that immediate appropriate interventions and services, including 
mental health interventions and services, are provided to a child 
removed from school for any act of violence, including carrying or 
possessing a weapon to or at a school, on school premises, or to or at 
a school function under the jurisdiction of a State or local 
educational agency, in order to--
            (1) to ensure that our Nation's schools and communities are 
        safe; and
            (2) maximize the likelihood that such child shall not 
        engage in such behaviors, or such behaviors do not reoccur.
    (b) Clarification of Federal Law.--Nothing in Federal law shall be 
construed--
            (1) to prohibit an agency from reporting a crime committed 
        by a child, including a child with a disability, to appropriate 
        authorities; or
            (2) to prevent State law enforcement and judicial 
        authorities from exercising their responsibilities with regard 
        to the application of Federal and State law to a crime 
        committed by a child, including a child with a disability.
    (c) Authorization of Appropriations.--
            (1) Authorization.--There are authorized to be appropriated 
        to pay the costs of the interventions and services described in 
        subsection (a) such sums as may be necessary for each of the 
        fiscal years 2000 through 2004.
            (2) Distribution.--The Secretary of Education shall provide 
        for the distribution of the funds made available under 
        paragraph (1)--
                    (A) to States for a fiscal year in the same manner 
                as the Secretary makes allotments to States under 
                section 4011(b) of the Elementary and Secondary 
                Education Act of 1965 (20 U.S.C. 7111(b)) for the 
                fiscal year; and
                    (B) to local educational agencies for a fiscal year 
                in the same manner as funds are distributed to local 
                educational agencies under section 4113(d)(2) of the 
                Elementary and Secondary Education Act of 1965 (20 
                U.S.C. 7113(d)(2)) for the fiscal year.

SEC. 1637. SAFE SCHOOLS.

    (a) Amendments.--Part F of title XIV of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 8921 et seq.) is amended as 
follows:
            (1) Short title.--Section 14601(a) is amended by replacing 
        ``Gun-Free'' with ``Safe'', and ``1994'' with ``1999''.
            (2) Requirements.--Section 14601(b)(1) is amended by 
        inserting after ``determined'' the following: ``to be in 
        possession of felonious quantities of an illegal drug, on 
        school property under the jurisdiction of, or in a vehicle 
        operated by an employee or agent of, a local educational agency 
        in that State, or''.
            (3) Definitions.--Section 14601(b)(4) is amended by 
        replacing ``Definition'' with ``Definitions'' in the catchline, 
        by replacing ``section'' in the matter under the catchline with 
        ``part'', by redesignating the matter under the catchline after 
        the comma as subparagraph (A), by replacing the period with a 
        semicolon, and by adding new subparagraphs (B), (C), and (D) as 
        follows:
                    ``(B) the term `illegal drug' means a controlled 
                substance, as defined in section 102(6) of the 
                Controlled Substances Act (21 U.S.C. 802(6)), the 
                possession of which is unlawful under the Act (21 
                U.S.C. 801 et seq.) or under the Controlled Substances 
                Import and Export Act (21 U.S.C. 951 et seq.), but does 
                not mean a controlled substance used pursuant to a 
                valid prescription or as authorized by law; and
                    ``(C) the term `illegal drug paraphernalia' means 
                drug paraphernalia, as defined in section 422(d) of the 
                Controlled Substances Act (21 U.S.C. 863(d)), except 
                that the first sentence of that section shall be 
                applied by inserting `or under the Controlled 
                Substances Import and Export Act (21 U.S.C. 951 et 
                seq.)', before the period.
                    ``(D) the term `felonious quantities of an illegal 
                drug' means any quantity of an illegal drug--
                            ``(i) possession of which quantity would, 
                        under Federal, State, or local law, either 
                        constitute a felony or indicate an intent to 
                        distribute; or
                            ``(ii) that is possessed with an intent to 
                        distribute.''.
                    (4) Report to state.--Section 14601(d)(2)(C) is 
                amended by inserting ``illegal drugs or'' before 
                ``weapons''.
                    (5) Repealer.--Section 14601 is amended by striking 
                subsection (f).
                    (6) Policy regarding criminal justice system 
                referral.--Section 14602(a) is amended by replacing 
                ``served by'' with ``under the jurisdiction of'', and 
                by inserting after ``who'' the following: ``is in 
                possession of an illegal drug, or illegal drug 
                paraphernalia, on school property under the 
                jurisdiction of, or in a vehicle operated by an 
                employee or agent of, such agency, or who''.
                    (7) Data and policy dissemination under idea.--
                Section 14603 is amended by inserting ``current'' 
                before ``policy'', by striking ``in effect on October 
                20, 1994'', by striking all the matter after 
                ``schools'' and inserting a period thereafter, and by 
                inserting before ``engaging'' the following: 
                ``possessing illegal drugs, or illegal drug 
                paraphernalia, on school property, or in vehicles 
                operated by employees or agents of, schools or local 
                educational agencies, or''.
    (b) Compliance Date; Reporting.--(1) States shall have 2 years from 
the date of enactment of this Act to comply with the requirements 
established in the amendments made by subsection (a).
    (2) Not later than 3 years after the date of enactment of this Act, 
the Secretary of Education shall submit to Congress a report on any 
State that is not in compliance with the requirements of this part.
    (3) Not later than 2 years after the date of enactment of this Act, 
the Secretary of Education shall submit to Congress a report analyzing 
the strengths and weaknesses of approaches regarding the disciplining 
of children with disabilities.

SEC. 1638. SCHOOL COUNSELING.

    Section 10102 of the Elementary and Secondary Education Act of 1965 
(20 U.S.C. 8002) is amended to read as follows:

``SEC. 10102. ELEMENTARY SCHOOL AND SECONDARY SCHOOL COUNSELING 
              DEMONSTRATION.

    ``(a) Counseling Demonstration.--
            ``(1) In general.--The Secretary may award grants under 
        this section to local educational agencies to enable the local 
        educational agencies to establish or expand elementary school 
        counseling programs.
            ``(2) Priority.--In awarding grants under this section, the 
        Secretary shall give special consideration to applications 
        describing programs that--
                    ``(A) demonstrate the greatest need for new or 
                additional counseling services among the children in 
                the schools served by the applicant;
                    ``(B) propose the most promising and innovative 
                approaches for initiating or expanding school 
                counseling; and
                    ``(C) show the greatest potential for replication 
                and dissemination.
            ``(3) Equitable distribution.--In awarding grants under 
        this section, the Secretary shall ensure an equitable 
        geographic distribution among the regions of the United States 
        and among urban, suburban, and rural areas.
            ``(4) Duration.--A grant under this section shall be 
        awarded for a period not to exceed three years.
            ``(5) Maximum grant.--A grant under this section shall not 
        exceed $400,000 for any fiscal year.
    ``(b) Applications.--
            ``(1) In general.--Each local educational agency desiring a 
        grant under this section shall submit an application to the 
        Secretary at such time, in such manner, and accompanied by such 
        information as the Secretary may reasonably require.
            ``(2) Contents.--Each application for a grant under this 
        section shall--
                    ``(A) describe the school population to be targeted 
                by the program, the particular personal, social, 
                emotional, educational, and career development needs of 
                such population, and the current school counseling 
                resources available for meeting such needs;
                    ``(B) describe the activities, services, and 
                training to be provided by the program and the specific 
                approaches to be used to meet the needs described in 
                subparagraph (A);
                    ``(C) describe the methods to be used to evaluate 
                the outcomes and effectiveness of the program;
                    ``(D) describe the collaborative efforts to be 
                undertaken with institutions of higher education, 
                businesses, labor organizations, community groups, 
                social service agencies, and other public or private 
                entities to enhance the program and promote school-
                linked services integration;
                    ``(E) describe collaborative efforts with 
                institutions of higher education which specifically 
                seek to enhance or improve graduate programs 
                specializing in the preparation of school counselors, 
                school psychologists, and school social workers;
                    ``(F) document that the applicant has the personnel 
                qualified to develop, implement, and administer the 
                program;
                    ``(G) describe how any diverse cultural 
                populations, if applicable, would be served through the 
                program;
                    ``(H) assure that the funds made available under 
                this part for any fiscal year will be used to 
                supplement and, to the extent practicable, increase the 
                level of funds that would otherwise be available from 
                non-Federal sources for the program described in the 
                application, and in no case supplant such funds from 
                non-Federal sources; and
                    ``(I) assure that the applicant will appoint an 
                advisory board composed of parents, school counselors, 
                school psychologists, school social workers, other 
                pupil services personnel, teachers, school 
                administrators, and community leaders to advise the 
                local educational agency on the design and 
                implementation of the program.
    ``(c) Use of Funds.--
            ``(1) In general.--Grant funds under this section shall be 
        used to initiate or expand school counseling programs that 
        comply with the requirements in paragraph (2).
            ``(2) Program requirements.--Each program assisted under 
        this section shall--
                    ``(A) be comprehensive in addressing the personal, 
                social, emotional, and educational needs of all 
                students;
                    ``(B) use a developmental, preventive approach to 
                counseling;
                    ``(C) increase the range, availability, quantity, 
                and quality of counseling services in the elementary 
                schools of the local educational agency;
                    ``(D) expand counseling services only through 
                qualified school counselors, school psychologists, and 
                school social workers;
                    ``(E) use innovative approaches to increase 
                children's understanding of peer and family 
                relationships, work and self, decisionmaking, or 
                academic and career planning, or to improve social 
                functioning;
                    ``(F) provide counseling services that are well-
                balanced among classroom group and small group 
                counseling, individual counseling, and consultation 
                with parents, teachers, administrators, and other pupil 
                services personnel;
                    ``(G) include inservice training for school 
                counselors, school social workers, school 
                psychologists, other pupil services personnel, 
                teachers, and instructional staff;
                    ``(H) involve parents of participating students in 
                the design, implementation, and evaluation of a 
                counseling program;
                    ``(I) involve collaborative efforts with 
                institutions of higher education, businesses, labor 
                organizations, community groups, social service 
                agencies, or other public or private entities to 
                enhance the program and promote school-linked services 
                integration;
                    ``(J) evaluate annually the effectiveness and 
                outcomes of the counseling services and activities 
                assisted under this section;
                    ``(K) ensure a team approach to school counseling 
                by maintaining a ratio in the elementary schools of the 
                local educational agency that does not exceed 1 school 
                counselor to 250 students, 1 school social worker to 
                800 students, and 1 school psychologist to 1,000 
                students; and
                    ``(L) ensure that school counselors, school 
                psychologists, or school social workers paid from funds 
                made available under this section spend at least 85 
                percent of their total worktime at the school in 
                activities directly related to the counseling process 
                and not more than 15 percent of such time on 
                administrative tasks that are associated with the 
                counseling program.
            ``(3) Report.--The Secretary shall issue a report 
        evaluating the programs assisted pursuant to each grant under 
        this subsection at the end of each grant period in accordance 
        with section 14701, but in no case later than January 30, 2003.
            ``(4) Dissemination.--The Secretary shall make the programs 
        assisted under this section available for dissemination, either 
        through the National Diffusion Network or other appropriate 
        means.
            ``(5) Limit on administration.--Not more than five percent 
        of the amounts made available under this section in any fiscal 
        year shall be used for administrative costs to carry out this 
        section.
    ``(d) Definitions.--For purposes of this section--
            ``(1) the term `school counselor' means an individual who 
        has documented competence in counseling children and 
        adolescents in a school setting and who--
                    ``(A) possesses State licensure or certification 
                granted by an independent professional regulatory 
                authority;
                    ``(B) in the absence of such State licensure or 
                certification, possesses national certification in 
                school counseling or a specialty of counseling granted 
                by an independent professional organization; or
                    ``(C) holds a minimum of a master's degree in 
                school counseling from a program accredited by the 
                Council for Accreditation of Counseling and Related 
                Educational Programs or the equivalent;
            ``(2) the term `school psychologist' means an individual 
        who--
                    ``(A) possesses a minimum of 60 graduate semester 
                hours in school psychology from an institution of 
                higher education and has completed 1,200 clock hours in 
                a supervised school psychology internship, of which 600 
                hours shall be in the school setting;
                    ``(B) possesses State licensure or certification in 
                the State in which the individual works; or
                    ``(C) in the absence of such State licensure or 
                certification, possesses national certification by the 
                National School Psychology Certification Board;
            ``(3) the term `school social worker' means an individual 
        who holds a master's degree in social work and is licensed or 
        certified by the State in which services are provided or holds 
        a school social work specialist credential; and
            ``(4) the term `supervisor' means an individual who has the 
        equivalent number of years of professional experience in such 
        individual's respective discipline as is required of teaching 
        experience for the supervisor or administrative credential in 
        the State of such individual.
    ``(e) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $15,000,000 for fiscal year 2000 
and such sums as may be necessary for each of the 4 succeeding fiscal 
years.''.

SEC. 1639. CRIMINAL PROHIBITION ON DISTRIBUTION OF CERTAIN INFORMATION 
              RELATING TO EXPLOSIVES, DESTRUCTIVE DEVICES, AND WEAPONS 
              OF MASS DESTRUCTION.

    (a) Unlawful Conduct.--Section 842 of title 18, United States Code, 
is amended by adding at the end the following:
    ``(p) Distribution of Information Relating to Explosives, 
Destructive Devices, and Weapons of Mass Destruction.--
            ``(1) Definitions.--In this subsection:
                    ``(A) The term `destructive device' has the same 
                meaning as in section 921(a)(4).
                    ``(B) The term `explosive' has the same meaning as 
                in section 844(j).
                    ``(C) The term `weapon of mass destruction' has the 
                same meaning as in section 2332a(c)(2).
            ``(2) Prohibition.--It shall be unlawful for any person--
                    ``(A) to teach or demonstrate the making or use of 
                an explosive, a destructive device, or a weapon of mass 
                destruction, or to distribute by any means information 
                pertaining to, in whole or in part, the manufacture or 
                use of an explosive, destructive device, or weapon of 
                mass destruction, with the intent that the teaching, 
                demonstration, or information be used for, or in 
                furtherance of, an activity that constitutes a Federal 
                crime of violence; or
                    ``(B) to teach or demonstrate to any person the 
                making or use of an explosive, a destructive device, or 
                a weapon of mass destruction, or to distribute to any 
                person, by any means, information pertaining to, in 
                whole or in part, the manufacture or use of an 
                explosive, destructive device, or weapon of mass 
                destruction, knowing that such person intends to use 
                the teaching, demonstration, or information for, or in 
                furtherance of, an activity that constitutes a Federal 
                crime of violence.''.
    (b) Penalties.--Section 844 of title 18, United States Code, is 
amended--
            (1) in subsection (a), by striking ``person who violates 
        any of subsections'' and inserting the following: ``person 
        who--
            ``(1) violates any of subsections'';
            (2) by striking the period at the end and inserting ``; 
        and'';
            (3) by adding at the end the following:
            ``(2) violates subsection (p)(2) of section 842, shall be 
        fined under this title, imprisoned not more than 20 years, or 
        both.''; and
            (4) in subsection (j), by striking ``and (i)'' and 
        inserting ``(i), and (p)''.

                Subtitle B--James Guelff Body Armor Act

SEC. 1641. SHORT TITLE.

    This subtitle may be cited as the ``James Guelff Body Armor Act of 
1999''.

SEC. 1642. FINDINGS.

    Congress finds that--
            (1) nationally, police officers and ordinary citizens are 
        facing increased danger as criminals use more deadly weaponry, 
        body armor, and other sophisticated assault gear;
            (2) crime at the local level is exacerbated by the 
        interstate movement of body armor and other assault gear;
            (3) there is a traffic in body armor moving in or otherwise 
        affecting interstate commerce, and existing Federal controls 
        over such traffic do not adequately enable the States to 
        control this traffic within their own borders through the 
        exercise of their police power;
            (4) recent incidents, such as the murder of San Francisco 
        Police Officer James Guelff by an assailant wearing 2 layers of 
        body armor and a 1997 bank shoot out in north Hollywood, 
        California, between police and 2 heavily armed suspects 
        outfitted in body armor, demonstrate the serious threat to 
        community safety posed by criminals who wear body armor during 
        the commission of a violent crime;
            (5) of the approximately 1,200 officers killed in the line 
        of duty since 1980, more than 30 percent could have been saved 
        by body armor, and the risk of dying from gunfire is 14 times 
        higher for an officer without a bulletproof vest;
            (6) the Department of Justice has estimated that 25 percent 
        of State and local police are not issued body armor;
            (7) the Federal Government is well-equipped to grant local 
        police departments access to body armor that is no longer 
        needed by Federal agencies; and
            (8) Congress has the power, under the interstate commerce 
        clause and other provisions of the Constitution of the United 
        States, to enact legislation to regulate interstate commerce 
        that affects the integrity and safety of our communities.

SEC. 1643. DEFINITIONS.

    In this subtitle:
            (1) Body armor.--The term ``body armor'' means any product 
        sold or offered for sale, in interstate or foreign commerce, as 
        personal protective body covering intended to protect against 
        gunfire, regardless of whether the product is to be worn alone 
        or is sold as a complement to another product or garment.
            (2) Law enforcement agency.--The term ``law enforcement 
        agency'' means an agency of the United States, a State, or a 
        political subdivision of a State, authorized by law or by a 
        government agency to engage in or supervise the prevention, 
        detection, investigation, or prosecution of any violation of 
        criminal law.
            (3) Law enforcement officer.--The term ``law enforcement 
        officer'' means any officer, agent, or employee of the United 
        States, a State, or a political subdivision of a State, 
        authorized by law or by a government agency to engage in or 
        supervise the prevention, detection, investigation, or 
        prosecution of any violation of criminal law.

SEC. 1644. AMENDMENT OF SENTENCING GUIDELINES WITH RESPECT TO BODY 
              ARMOR.

    (a) Sentencing Enhancement.--The United States Sentencing 
Commission shall amend the Federal sentencing guidelines to provide an 
appropriate sentencing enhancement, increasing the offense level not 
less than 2 levels, for any offense in which the defendant used body 
armor.
    (b) Applicability.--No amendment made to the Federal Sentencing 
Guidelines pursuant to this section shall apply if the Federal offense 
in which the body armor is used constitutes a violation of, attempted 
violation of, or conspiracy to violate the civil rights of any person 
by a law enforcement officer acting under color of the authority of 
such law enforcement officer.

SEC. 1645. PROHIBITION OF PURCHASE, USE, OR POSSESSION OF BODY ARMOR BY 
              VIOLENT FELONS.

    (a) Definition of Body Armor.--Section 921 of title 18, United 
States Code, is amended by adding at the end the following:
            ``(35) The term `body armor' means any product sold or 
        offered for sale, in interstate or foreign commerce, as 
        personal protective body covering intended to protect against 
        gunfire, regardless of whether the product is to be worn alone 
        or is sold as a complement to another product or garment.''.
    (b) Prohibition.--
            (1) In general.--Chapter 44 of title 18, United States 
        Code, is amended by adding at the end the following:
``Sec. 931. Prohibition on purchase, ownership, or possession of body 
              armor by violent felons
    ``(a) In General.--Except as provided in subsection (b), it shall 
be unlawful for a person to purchase, own, or possess body armor, if 
that person has been convicted of a felony that is--
            ``(1) a crime of violence (as defined in section 16); or
            ``(2) an offense under State law that would constitute a 
        crime of violence under paragraph (1) if it occurred within the 
        special maritime and territorial jurisdiction of the United 
        States.
    ``(b) Affirmative Defense.--
            ``(1) In general.--It shall be an affirmative defense under 
        this section that--
                    ``(A) the defendant obtained prior written 
                certification from his or her employer that the 
                defendant's purchase, use, or possession of body armor 
                was necessary for the safe performance of lawful 
                business activity; and
                    ``(B) the use and possession by the defendant were 
                limited to the course of such performance.
            ``(2) Employer.--In this subsection, the term `employer' 
        means any other individual employed by the defendant's business 
        that supervises defendant's activity. If that defendant has no 
        supervisor, prior written certification is acceptable from any 
        other employee of the business.''.
            (2) Clerical amendment.--The analysis for chapter 44 of 
        title 18, United States Code, is amended by adding at the end 
        the following:

``931. Prohibition on purchase, ownership, or possession of body armor 
                            by violent felons.''.
    (c) Penalties.--Section 924(a) of title 18, United States Code, is 
amended by adding at the end the following:
    ``(7) Whoever knowingly violates section 931 shall be fined under 
this title, imprisoned not more than 3 years, or both.''.

SEC. 1646. DONATION OF FEDERAL SURPLUS BODY ARMOR TO STATE AND LOCAL 
              LAW ENFORCEMENT AGENCIES.

    (a) Definitions.--In this section, the terms ``Federal agency'' and 
``surplus property'' have the meanings given such terms under section 3 
of the Federal Property and Administrative Services Act of 1949 (40 
U.S.C. 472).
    (b) Donation of Body Armor.--Notwithstanding section 203 of the 
Federal Property and Administrative Services Act of 1949 (40 U.S.C. 
484), the head of a Federal agency may donate body armor directly to 
any State or local law enforcement agency, if such body armor is--
            (1) in serviceable condition; and
            (2) surplus property.
    (c) Notice to Administrator.--The head of a Federal agency who 
donates body armor under this section shall submit to the Administrator 
of General Services a written notice identifying the amount of body 
armor donated and each State or local law enforcement agency that 
received the body armor.
    (d) Donation by Certain Officers.--
            (1) Department of justice.--In the administration of this 
        section with respect to the Department of Justice, in addition 
        to any other officer of the Department of Justice designated by 
        the Attorney General, the following officers may act as the 
        head of a Federal agency:
                    (A) The Administrator of the Drug Enforcement 
                Administration.
                    (B) The Director of the Federal Bureau of 
                Investigation.
                    (C) The Commissioner of the Immigration and 
                Naturalization Service.
                    (D) The Director of the United States Marshals 
                Service.
            (2) Department of the treasury.--In the administration of 
        this section with respect to the Department of the Treasury, in 
        addition to any other officer of the Department of the Treasury 
        designated by the Secretary of the Treasury, the following 
        officers may act as the head of a Federal agency:
                    (A) The Director of the Bureau of Alcohol, Tobacco, 
                and Firearms.
                    (B) The Commissioner of Customs.
                    (C) The Director of the United States Secret 
                Service.

SEC. 1647. ADDITIONAL FINDINGS; PURPOSE.

    (a) Findings.--Congress finds that--
            (1) Officer Dale Claxton of the Cortez, Colorado, Police 
        Department was shot and killed by bullets that passed through 
        the windshield of his police car after he stopped a stolen 
        truck, and his life may have been saved if his police car had 
        been equipped with bullet resistant equipment;
            (2) the number of law enforcement officers who are killed 
        in the line of duty would significantly decrease if every law 
        enforcement officer in the United States had access to 
        additional bullet resistant equipment;
            (3) according to studies, between 1985 and 1994, 709 law 
        enforcement officers in the United States were feloniously 
        killed in the line of duty;
            (4) the Federal Bureau of Investigation estimates that the 
        risk of fatality to law enforcement officers while not wearing 
        bullet resistant equipment, such as an armor vest, is 14 times 
        higher than for officers wearing an armor vest;
            (5) according to studies, between 1985 and 1994, bullet-
        resistant materials helped save the lives of more than 2,000 
        law enforcement officers in the United States; and
            (6) the Executive Committee for Indian Country Law 
        Enforcement Improvements reports that violent crime in Indian 
        country has risen sharply despite a decrease in the national 
        crime rate, and has concluded that there is a ``public safety 
        crisis in Indian country''.
    (b) Purpose.--The purpose of this chapter is to save lives of law 
enforcement officers by helping State, local, and tribal law 
enforcement agencies provide officers with bullet resistant equipment 
and video cameras.

SEC. 1648. MATCHING GRANT PROGRAMS FOR LAW ENFORCEMENT BULLET RESISTANT 
              EQUIPMENT AND FOR VIDEO CAMERAS.

    (a) In General.--Part Y of title I of the Omnibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 3796ll et seq.) is amended--
            (1) by striking the part designation and part heading and 
        inserting the following:

         ``PART Y--MATCHING GRANT PROGRAMS FOR LAW ENFORCEMENT

             ``Subpart A--Grant Program For Armor Vests'';

            (2) by striking ``this part'' each place it appears and 
        inserting ``this subpart''; and
            (3) by adding at the end the following:

       ``Subpart B--Grant Program For Bullet Resistant Equipment

``SEC. 2511. PROGRAM AUTHORIZED.

        ``(a) In General.--The Director of the Bureau of Justice 
Assistance is authorized to make grants to States, units of local 
government, and Indian tribes to purchase bullet resistant equipment 
for use by State, local, and tribal law enforcement officers.
    ``(b) Uses of Funds.--Grants awarded under this section shall be--
            ``(1) distributed directly to the State, unit of local 
        government, or Indian tribe; and
            ``(2) used for the purchase of bullet resistant equipment 
        for law enforcement officers in the jurisdiction of the 
        grantee.
    ``(c) Preferential Consideration.--In awarding grants under this 
subpart, the Director of the Bureau of Justice Assistance may give 
preferential consideration, if feasible, to an application from a 
jurisdiction that--
            ``(1) has the greatest need for bullet resistant equipment 
        based on the percentage of law enforcement officers in the 
        department who do not have access to a vest;
            ``(2) has a violent crime rate at or above the national 
        average as determined by the Federal Bureau of Investigation; 
        or
            ``(3) has not received a block grant under the Local Law 
        Enforcement Block Grant program described under the heading 
        `Violent Crime Reduction Programs, State and Local Law 
        Enforcement Assistance' of the Departments of Commerce, 
        Justice, and State, the Judiciary, and Related Agencies 
        Appropriations Act, 1998 (Public Law 105-119).
    ``(d) Minimum Amount.--Unless all eligible applications submitted 
by any State or unit of local government within such State for a grant 
under this section have been funded, such State, together with grantees 
within the State (other than Indian tribes), shall be allocated in each 
fiscal year under this section not less than 0.25 percent of the total 
amount appropriated in the fiscal year for grants pursuant to this 
section except that the United States Virgin Islands, American Samoa, 
Guam, and the Northern Mariana Islands shall each be allocated 0.10 
percent.
    ``(e) Maximum Amount.--A qualifying State, unit of local 
government, or Indian tribe may not receive more than 5 percent of the 
total amount appropriated in each fiscal year for grants under this 
section, except that a State, together with the grantees within the 
State may not receive more than 20 percent of the total amount 
appropriated in each fiscal year for grants under this section.
    ``(f) Matching Funds.--The portion of the costs of a program 
provided by a grant under subsection (a) may not exceed 50 percent. Any 
funds appropriated by Congress for the activities of any agency of an 
Indian tribal government or the Bureau of Indian Affairs performing law 
enforcement functions on any Indian lands may be used to provide the 
non-Federal share of a matching requirement funded under this 
subsection.
    ``(g) Allocation of Funds.--At least half of the funds available 
under this subpart shall be awarded to units of local government with 
fewer than 100,000 residents.

``SEC. 2512. APPLICATIONS.

    ``(a) In General.--To request a grant under this subpart, the chief 
executive of a State, unit of local government, or Indian tribe shall 
submit an application to the Director of the Bureau of Justice 
Assistance in such form and containing such information as the Director 
may reasonably require.
    ``(b) Regulations.--Not later than 90 days after the date of the 
enactment of this subpart, the Director of the Bureau of Justice 
Assistance shall promulgate regulations to implement this section 
(including the information that must be included and the requirements 
that the States, units of local government, and Indian tribes must 
meet) in submitting the applications required under this section.
    ``(c) Eligibility.--A unit of local government that receives 
funding under the Local Law Enforcement Block Grant program (described 
under the heading `Violent Crime Reduction Programs, State and Local 
Law Enforcement Assistance' of the Departments of Commerce, Justice, 
and State, the Judiciary, and Related Agencies Appropriations Act, 1998 
(Public Law 104-119)) during a fiscal year in which it submits an 
application under this subpart shall not be eligible for a grant under 
this subpart unless the chief executive officer of such unit of local 
government certifies and provides an explanation to the Director that 
the unit of local government considered or will consider using funding 
received under the block grant program for any or all of the costs 
relating to the purchase of bullet resistant equipment, but did not, or 
does not expect to use such funds for such purpose.

``SEC. 2513. DEFINITIONS.

    ``In this subpart--
            ``(1) the term `equipment' means windshield glass, car 
        panels, shields, and protective gear;
            ``(2) the term `State' means each of the 50 States, the 
        District of Columbia, the Commonwealth of Puerto Rico, the 
        United States Virgin Islands, American Samoa, Guam, and the 
        Northern Mariana Islands;
            ``(3) the term `unit of local government' means a county, 
        municipality, town, township, village, parish, borough, or 
        other unit of general government below the State level;
            (4) the term `Indian tribe' has the same meaning as in 
        section 4(e) of the Indian Self-Determination and Education 
        Assistance Act (25 U.S.C. 450b(e)); and
            ``(5) the term `law enforcement officer' means any officer, 
        agent, or employee of a State, unit of local government, or 
        Indian tribe authorized by law or by a government agency to 
        engage in or supervise the prevention, detection, or 
        investigation of any violation of criminal law, or authorized 
        by law to supervise sentenced criminal offenders.

              ``Subpart C--Grant Program For Video Cameras

``SEC. 2521. PROGRAM AUTHORIZED.

    ``(a) In General.--The Director of the Bureau of Justice Assistance 
is authorized to make grants to States, units of local government, and 
Indian tribes to purchase video cameras for use by State, local, and 
tribal law enforcement agencies in law enforcement vehicles.
    ``(b) Uses of Funds.--Grants awarded under this section shall be--
            ``(1) distributed directly to the State, unit of local 
        government, or Indian tribe; and
            ``(2) used for the purchase of video cameras for law 
        enforcement vehicles in the jurisdiction of the grantee.
    ``(c) Preferential Consideration.--In awarding grants under this 
subpart, the Director of the Bureau of Justice Assistance may give 
preferential consideration, if feasible, to an application from a 
jurisdiction that--
            ``(1) has the greatest need for video cameras, based on the 
        percentage of law enforcement officers in the department do not 
        have access to a law enforcement vehicle equipped with a video 
        camera;
            ``(2) has a violent crime rate at or above the national 
        average as determined by the Federal Bureau of Investigation; 
        or
            ``(3) has not received a block grant under the Local Law 
        Enforcement Block Grant program described under the heading 
        `Violent Crime Reduction Programs, State and Local Law 
        Enforcement Assistance' of the Departments of Commerce, 
        Justice, and State, the Judiciary, and Related Agencies 
        Appropriations Act, 1998 (Public Law 105-119).
    ``(d) Minimum Amount.--Unless all eligible applications submitted 
by any State or unit of local government within such State for a grant 
under this section have been funded, such State, together with grantees 
within the State (other than Indian tribes), shall be allocated in each 
fiscal year under this section not less than 0.25 percent of the total 
amount appropriated in the fiscal year for grants pursuant to this 
section, except that the United States Virgin Islands, American Samoa, 
Guam, and the Northern Mariana Islands shall each be allocated 0.10 
percent.
    ``(e) Maximum Amount.--A qualifying State, unit of local 
government, or Indian tribe may not receive more than 5 percent of the 
total amount appropriated in each fiscal year for grants under this 
section, except that a State, together with the grantees within the 
State may not receive more than 20 percent of the total amount 
appropriated in each fiscal year for grants under this section.
    ``(f) Matching Funds.--The portion of the costs of a program 
provided by a grant under subsection (a) may not exceed 50 percent. Any 
funds appropriated by Congress for the activities of any agency of an 
Indian tribal government or the Bureau of Indian Affairs performing law 
enforcement functions on any Indian lands may be used to provide the 
non-Federal share of a matching requirement funded under this 
subsection.
    ``(g) Allocation of Funds.--At least half of the funds available 
under this subpart shall be awarded to units of local government with 
fewer than 100,000 residents.

``SEC. 2522. APPLICATIONS.

    ``(a) In General.--To request a grant under this subpart, the chief 
executive of a State, unit of local government, or Indian tribe shall 
submit an application to the Director of the Bureau of Justice 
Assistance in such form and containing such information as the Director 
may reasonably require.
    ``(b) Regulations.--Not later than 90 days after the date of the 
enactment of this subpart, the Director of the Bureau of Justice 
Assistance shall promulgate regulations to implement this section 
(including the information that must be included and the requirements 
that the States, units of local government, and Indian tribes must 
meet) in submitting the applications required under this section.
    ``(c) Eligibility.--A unit of local government that receives 
funding under the Local Law Enforcement Block Grant program (described 
under the heading `Violent Crime Reduction Programs, State and Local 
Law Enforcement Assistance' of the Departments of Commerce, Justice, 
and State, the Judiciary, and Related Agencies Appropriations Act, 1998 
(Public Law 105-119)) during a fiscal year in which it submits an 
application under this subpart shall not be eligible for a grant under 
this subpart unless the chief executive officer of such unit of local 
government certifies and provides an explanation to the Director that 
the unit of local government considered or will consider using funding 
received under the block grant program for any or all of the costs 
relating to the purchase of video cameras, but did not, or does not 
expect to use such funds for such purpose.

``SEC. 2523. DEFINITIONS.

    ``In this subpart--
            ``(1) the term `Indian tribe' has the same meaning as in 
        section 4(e) of the Indian Self-Determination and Education 
        Assistance Act (25 U.S.C. 450b(e));
            ``(2) the term `law enforcement officer' means any officer, 
        agent, or employee of a State, unit of local government, or 
        Indian tribe authorized by law or by a government agency to 
        engage in or supervise the prevention, detection, or 
        investigation of any violation of criminal law, or authorized 
        by law to supervise sentenced criminal offenders;
            ``(3) the term `State' means each of the 50 States, the 
        District of Columbia, the Commonwealth of Puerto Rico, the 
        United States Virgin Islands, American Samoa, Guam, and the 
        Northern Mariana Islands; and
            ``(4) the term `unit of local government' means a county, 
        municipality, town, township, village, parish, borough, or 
        other unit of general government below the State level.''.
    (b) Authorization of Appropriations.--Section 1001(a) of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a)) 
is amended by striking paragraph (23) and inserting the following:
    ``(23) There are authorized to be appropriated to carry out part 
Y--
            ``(A) $25,000,000 for each of fiscal years 2000 through 
        2002 for grants under subpart A of that part;
            ``(B) $40,000,000 for each of fiscal years 2000 through 
        2002 for grants under subpart B of that part; and
            ``(C) $25,000,000 for each of fiscal years 2000 through 
        2002 for grants under subpart C of that part.''.
    (c) Clerical Amendments.--The table of contents of title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et 
seq.) is amended--
            (1) by striking the item relating to the part heading of 
        part Y and inserting the following:

         ``Part Y--Matching Grants Programs for Law Enforcement

           ``subpart a--grant program for armor vests''; and

            (2) by adding at the end of the matter relating to part Y 
        the following:

       ``subpart b--grant program for bullet resistant equipment

``2511. Program authorized.
``2512. Applications.
``2513. Definitions.
              ``subpart c--grant program for video cameras

``2521. Program authorized.
``2522. Applications.
``2523. Definitions.''.

SEC. 1649. SENSE OF CONGRESS.

    In the case of any equipment or products that may be authorized to 
be purchased with financial assistance provided using funds 
appropriated or otherwise made available under subpart B or C of part Y 
of title I of the Omnibus Crime Control and Safe Streets Act of 1968, 
as added by this chapter, it is the sense of the Congress that entities 
receiving the assistance should, in expending the assistance, purchase 
only American-made equipment and products.

SEC. 1650. TECHNOLOGY DEVELOPMENT.

    Section 202 of the Omnibus Crime Control and Safe Streets Act of 
1968 (42 U.S.C. 3722) is amended by adding at the end the following:
    ``(e) Bullet Resistant Technology Development.--
            ``(1) In general.--The Institute is authorized to--
                    ``(A) conduct research and otherwise work to 
                develop new bullet resistant technologies (i.e., 
                acrylic, polymers, aluminized material, and transparent 
                ceramics) for use in police equipment (including 
                windshield glass, car panels, shields, and protective 
                gear);
                    ``(B) inventory bullet resistant technologies used 
                in the private sector, in surplus military property, 
                and by foreign countries;
                    ``(C) promulgate relevant standards for, and 
                conduct technical and operational testing and 
                evaluation of, bullet resistant technology and 
                equipment, and otherwise facilitate the use of that 
                technology in police equipment.
            ``(2) Priority.--In carrying out this subsection, the 
        Institute shall give priority in testing and engineering 
        surveys to law enforcement partnerships developed in 
        coordination with High Intensity Drug Trafficking Areas.
            ``(3) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this subsection $3,000,000 for 
        fiscal years 2000 through 2002.''.

SEC. 1651. MATCHING GRANT PROGRAM FOR LAW ENFORCEMENT ARMOR VESTS.

    Section 2501(f) of the Omnibus Crime Control and Safe Streets Act 
of 1968 (42 U.S.C. 3796ll(f)) is amended--
            (1) by striking ``The portion'' and inserting the 
        following:
            ``(1) In general.--Subject to paragraph (2), the portion''; 
        and
            (2) by adding at the end the following:
            ``(2) Waiver.--The Director may waive, in whole or in part, 
        the requirement of paragraph (1) in the case of fiscal 
        hardship, as determined by the Director.''.

        Subtitle C--Animal Enterprise Terrorism and Ecoterrorism

SEC. 1652. ENHANCEMENT OF PENALTIES FOR ANIMAL ENTERPRISE TERRORISM.

    Section 43 of title 18, United States Code, is amended--
            (1) in subsection (a)--
                    (A), by striking ``under this title'' and inserting 
                ``consistent with this title or double the amount of 
                damages, whichever is greater,''; and
                    (B) by striking ``one year'' and inserting ``five 
                years''; and
            (2) in subsection (b)--
                    (A) by redesignating paragraph (2) as paragraph 
                (3);
                    (B) by inserting after paragraph (1) the following 
                new paragraph (2):
                            ``(2)  Explosives or arson.--Whoever in the 
                        course of a violation of subsection (a) 
                        maliciously damages or destroys, or attempts to 
                        damage or destroy, by means of fire or an 
                        explosive, any building, vehicle, or other real 
                        or personal property used by the animal 
                        enterprise shall be imprisoned for not less 
                        than 5 years and not more than 20 years, fined 
                        under this title, or both.''; and
                    (C) in paragraph (3), as so redesignated, by 
                striking ``under this title and'' and all that follows 
                through the period and inserting ``under this title, 
                imprisoned for life or for any term of years, or 
                sentenced to death.''.

SEC. 1653. NATIONAL ANIMAL TERRORISM AND ECOTERRORISM INCIDENT 
              CLEARINGHOUSE.

    (a) In General.--The Director shall establish and maintain a 
national clearinghouse for information on incidents of crime and 
terrorism--
            (1) committed against or directed at any animal enterprise;
            (2) committed against or directed at any commercial 
        activity because of the perceived impact or effect of such 
        commercial activity on the environment; or
            (3) committed against or directed at any person because of 
        such person's perceived connection with or support of any 
        enterprise or activity described in paragraph (1) or (2).
    (b) Clearinghouse.--The clearinghouse established under subsection 
(a) shall--
            (1) accept, collect, and maintain information on incidents 
        described in subsection (a) that is submitted to the 
        clearinghouse by Federal, State, and local law enforcement 
        agencies, by law enforcement agencies of foreign countries, and 
        by victims of such incidents;
            (2) collate and index such information for purposes of 
        cross-referencing; and
            (3) upon request from a Federal, State, or local law 
        enforcement agency, or from a law enforcement agency of a 
        foreign country, provide such information to assist in the 
        investigation of an incident described in subsection (a).
    (c) Scope of Information.--The information maintained by the 
clearinghouse for each incident shall, to the extent practicable, 
include--
            (1) the date, time, and place of the incident;
            (2) details of the incident;
            (3) any available information on suspects or perpetrators 
        of the incident; and
            (4) any other relevant information.
    (d) Design of Clearinghouse.--The clearinghouse shall be designed 
for maximum ease of use by participating law enforcement agencies.
    (e) Publicity.--The Director shall publicize the existence of the 
clearinghouse to law enforcement agencies by appropriate means.
    (f) Resources.--In establishing and maintaining the clearinghouse, 
the Director may--
            (1) through the Attorney General, utilize the resources of 
        any other department or agency of the Federal Government; and
            (2) accept assistance and information from private 
        organizations or individuals.
    (g) Coordination.--The Director shall carry out the Director's 
responsibilities under this section in cooperation with the Director of 
the Bureau of Alcohol, Tobacco, and Firearms.
    (h) Definitions.--In this section:
            (1) The term ``animal enterprise'' has the same meaning as 
        in section 43 of title 18, United States Code.
            (2) The term ``Director'' means the Director of the Federal 
        Bureau of Investigation.
    (i) Authorization of Appropriations.--There is hereby authorized to 
be appropriated for fiscal years 2000, 2001, 2002, 2003, and 2004 such 
sums as are necessary to carry out this section.

                 Subtitle D--Jail-Based Substance Abuse

SEC. 1654. JAIL-BASED SUBSTANCE ABUSE TREATMENT PROGRAMS.

    (a) Use of Residential Substance Abuse Treatment Grants To Provide 
Aftercare Services.--Section 1901 of part S of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3796ff-1) is amended by 
adding at the end the following:
    ``(f) Use of Grant Amounts for Nonresidential Aftercare Services.--
A State may use amounts received under this part to provide 
nonresidential substance abuse treatment aftercare services for inmates 
or former inmates that meet the requirements of subsection (c), if the 
chief executive officer of the State certifies to the Attorney General 
that the State is providing, and will continue to provide, an adequate 
level of residential treatment services.''.
    (b) Jail-Based Substance Abuse Treatment.--Part S of title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796ff et 
seq.) is amended by adding at the end the following:

``SEC. 1906. JAIL-BASED SUBSTANCE ABUSE TREATMENT.

    ``(a) Definitions.--In this section--
            ``(1) the term `jail-based substance abuse treatment 
        program' means a course of individual and group activities, 
        lasting for a period of not less than 3 months, in an area of a 
        correctional facility set apart from the general population of 
        the correctional facility, if those activities are--
                    ``(A) directed at the substance abuse problems of 
                prisoners; and
                    ``(B) intended to develop the cognitive, 
                behavioral, social, vocational, and other skills of 
                prisoners in order to address the substance abuse and 
                related problems of prisoners; and
            ``(2) the term `local correctional facility' means any 
        correctional facility operated by a unit of local government.
    ``(b) Authorization.--
            ``(1) In general.--Not less than 10 percent of the total 
        amount made available to a State under section 1904(a) for any 
        fiscal year may be used by the State to make grants to local 
        correctional facilities in the State for the purpose of 
        assisting jail-based substance abuse treatment programs 
        established by those local correctional facilities.
            ``(2) Federal share.--The Federal share of a grant made by 
        a State under this section to a local correctional facility may 
        not exceed 75 percent of the total cost of the jail-based 
        substance abuse treatment program described in the application 
        submitted under subsection (c) for the fiscal year for which 
        the program receives assistance under this section.
    ``(c) Applications.--
            ``(1) In general.--To be eligible to receive a grant from a 
        State under this section for a jail-based substance abuse 
        treatment program, the chief executive of a local correctional 
        facility shall submit to the State, in such form and containing 
        such information as the State may reasonably require, an 
        application that meets the requirements of paragraph (2).
            ``(2) Application requirements.--Each application submitted 
        under paragraph (1) shall include--
                    ``(A) with respect to the jail-based substance 
                abuse treatment program for which assistance is sought, 
                a description of the program and a written 
                certification that--
                            ``(i) the program has been in effect for 
                        not less than 2 consecutive years before the 
                        date on which the application is submitted; and
                            ``(ii) the local correctional facility 
                        will--
                                    ``(I) coordinate the design and 
                                implementation of the program between 
                                local correctional facility 
                                representatives and the appropriate 
                                State and local alcohol and substance 
                                abuse agencies;
                                    ``(II) implement (or continue to 
                                require) urinalysis or other proven 
                                reliable forms of substance abuse 
                                testing of individuals participating in 
                                the program, including the testing of 
                                individuals released from the jail-
                                based substance abuse treatment program 
                                who remain in the custody of the local 
                                correctional facility; and
                                    ``(III) carry out the program in 
                                accordance with guidelines, which shall 
                                be established by the State, in order 
                                to guarantee each participant in the 
                                program access to consistent, continual 
                                care if transferred to a different 
                                local correctional facility within the 
                                State;
                    ``(B) written assurances that Federal funds 
                received by the local correctional facility from the 
                State under this section will be used to supplement, 
                and not to supplant, non-Federal funds that would 
                otherwise be available for jail-based substance abuse 
                treatment programs assisted with amounts made available 
                to the local correctional facility under this section; 
                and
                    ``(C) a description of the manner in which amounts 
                received by the local correctional facility from the 
                State under this section will be coordinated with 
                Federal assistance for substance abuse treatment and 
                aftercare services provided to the local correctional 
                facility by the Substance Abuse and Mental Health 
                Services Administration of the Department of Health and 
                Human Services.
    ``(d) Review of Applications.--
            ``(1) In general.--Upon receipt of an application under 
        subsection (c), the State shall--
                    ``(A) review the application to ensure that the 
                application, and the jail-based residential substance 
                abuse treatment program for which a grant under this 
                section is sought, meet the requirements of this 
                section; and
                    ``(B) if so, make an affirmative finding in writing 
                that the jail-based substance abuse treatment program 
                for which assistance is sought meets the requirements 
                of this section.
            ``(2) Approval.--Based on the review conducted under 
        paragraph (1), not later than 90 days after the date on which 
        an application is submitted under subsection (c), the State 
        shall--
                    ``(A) approve the application, disapprove the 
                application, or request a continued evaluation of the 
                application for an additional period of 90 days; and
                    ``(B) notify the applicant of the action taken 
                under subparagraph (A) and, with respect to any denial 
                of an application under subparagraph (A), afford the 
                applicant an opportunity for reconsideration.
            ``(3) Eligibility for preference with aftercare 
        component.--
                    ``(A) In general.--In making grants under this 
                section, a State shall give preference to applications 
                from local correctional facilities that ensure that 
                each participant in the jail-based substance abuse 
                treatment program for which a grant under this section 
                is sought, is required to participate in an aftercare 
                services program that meets the requirements of 
                subparagraph (B), for a period of not less than 1 year 
                following the earlier of--
                            ``(i) the date on which the participant 
                        completes the jail-based substance abuse 
                        treatment program; or
                            ``(ii) the date on which the participant is 
                        released from the correctional facility at the 
                        end of the participant's sentence or is 
                        released on parole.
                    ``(B) Aftercare services program requirements.--For 
                purposes of subparagraph (A), an aftercare services 
                program meets the requirements of this paragraph if the 
                program--
                            ``(i) in selecting individuals for 
                        participation in the program, gives priority to 
                        individuals who have completed a jail-based 
                        substance abuse treatment program;
                            ``(ii) requires each participant in the 
                        program to submit to periodic substance abuse 
                        testing; and
                            ``(iii) involves the coordination between 
                        the jail-based substance abuse treatment 
                        program and other human service and 
                        rehabilitation programs that may assist in the 
                        rehabilitation of program participants, such 
                        as--
                                    ``(I) educational and job training 
                                programs;
                                    ``(II) parole supervision programs;
                                    ``(III) half-way house programs; 
                                and
                                    ``(IV) participation in self-help 
                                and peer group programs; and
                            ``(iv) assists in placing jail-based 
                        substance abuse treatment program participants 
                        with appropriate community substance abuse 
                        treatment facilities upon release from the 
                        correctional facility at the end of a sentence 
                        or on parole.
    ``(e) Coordination and Consultation.--
            ``(1) Coordination.--Each State that makes 1 or more grants 
        under this section in any fiscal year shall, to the maximum 
        extent practicable, implement a statewide communications 
        network with the capacity to track the participants in jail-
        based substance abuse treatment programs established by local 
        correctional facilities in the State as those participants move 
        between local correctional facilities within the State.
            ``(2) Consultation.--Each State described in paragraph (1) 
        shall consult with the Attorney General and the Secretary of 
        Health and Human Services to ensure that each jail-based 
        substance abuse treatment program assisted with a grant made by 
        the State under this section incorporates applicable components 
        of comprehensive approaches, including relapse prevention and 
        aftercare services.
    ``(f) Use of Grant Amounts.--
            ``(1) In general.--Each local correctional facility that 
        receives a grant under this section shall use the grant amount 
        solely for the purpose of carrying out the jail-based substance 
        abuse treatment program described in the application submitted 
        under subsection (c).
            ``(2) Administration.--Each local correctional facility 
        that receives a grant under this section shall carry out all 
        activities relating to the administration of the grant amount, 
        including reviewing the manner in which the amount is expended, 
        processing, monitoring the progress of the program assisted, 
        financial reporting, technical assistance, grant adjustments, 
        accounting, auditing, and fund disbursement.
            ``(3) Restriction.--A local correctional facility may not 
        use any amount of a grant under this section for land 
        acquisition or a construction project.
    ``(g) Reporting Requirement; Performance Review.--
            ``(1) Reporting requirement.--Not later than March 1 of 
        each year, each local correctional facility that receives a 
        grant under this section shall submit to the Attorney General, 
        through the State, a description and evaluation of the jail-
        based substance abuse treatment program carried out by the 
        local correctional facility with the grant amount, in such form 
        and containing such information as the Attorney General may 
        reasonably require.
            ``(2) Performance review.--The Attorney General shall 
        conduct an annual review of each jail-based substance abuse 
        treatment program assisted under this section, in order to 
        verify the compliance of local correctional facilities with the 
        requirements of this section.
    ``(h) No Effect on State Allocation.--Nothing in this section shall 
be construed to affect the allocation of amounts to States under 
section 1904(a).''.
    (c) Technical Amendment.--The table of contents for title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et 
seq.) is amended, in the matter relating to part S, by adding at the 
end the following:

``1906. Jail-based substance abuse treatment.''.

                    Subtitle E--Safe School Security

SEC. 1655. SHORT TITLE.

    This subtitle may be cited as the ``Safe School Security Act of 
1999''.

SEC. 1656. ESTABLISHMENT OF SCHOOL SECURITY TECHNOLOGY CENTER.

    (a) School Security Technology Center.--
            (1) Establishment.--The Attorney General, the Secretary of 
        Education, and the Secretary of Energy shall enter into an 
        agreement for the establishment at the Sandia National 
        Laboratories, in partnership with the National Law Enforcement 
        and Corrections Technology Center--Southeast and the National 
        Center for Rural Law Enforcement, of a center to be known as 
        the ``School Security Technology Center''. The School Security 
        Technology Center shall be administered by the Attorney 
        General.
            (2) Functions.--The School Security Technology Center shall 
        be a resource to local educational agencies for school security 
        assessments, security technology development, technology 
        availability and implementation, and technical assistance 
        relating to improving school security. The School Security 
        Technology Center shall also conduct and publish research on 
        school violence, coalesce data from victim groups, and monitor 
        and report on schools that implement school security 
        strategies.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section--
            (1) $3,700,000 for fiscal year 2000;
            (2) $3,800,000 for fiscal year 2001; and
            (3) $3,900,000 for fiscal year 2002.

SEC. 1657. GRANTS FOR LOCAL SCHOOL SECURITY PROGRAMS.

    Subpart 1 of part A of title IV of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7111 et seq.) is amended by adding at 
the end the following:

``SEC. 4119. LOCAL SCHOOL SECURITY PROGRAMS.

    ``(a) In General.--
            ``(1) Grants authorized.--From amounts appropriated under 
        subsection (c), the Secretary shall award grants on a 
        competitive basis to local educational agencies to enable the 
        agencies to acquire security technology for, or carry out 
        activities related to improving security at, the middle and 
        secondary schools served by the agencies, including obtaining 
        school security assessments, and technical assistance, for the 
        development of a comprehensive school security plan from the 
        School Security Technology Center.
            ``(2) Application.--To be eligible to receive a grant under 
        this section, a local educational agency shall submit to the 
        Secretary an application in such form and containing such 
        information as the Secretary may require, including information 
        relating to the security needs of the agency.
            ``(3) Priority.--In awarding grants under this section, the 
        Secretary shall give priority to local educational agencies 
        that demonstrate the highest security needs, as reported by the 
        agency in the application submitted under paragraph (2).
    ``(b) Applicability.--The provisions of this part (other than this 
section) shall not apply to this section.
    ``(c) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $10,000,000 for each of fiscal 
years 2000, 2001, and 2002.''.

SEC. 1658. SAFE AND SECURE SCHOOL ADVISORY REPORT.

    Not later than 1 year after the date of enactment of this Act, the 
Attorney General, in consultation with the Secretary of Education and 
the Secretary of Energy, or their designees, shall--
            (1) develop a proposal to further improve school security; 
        and
            (2) submit that proposal to Congress.

                   Subtitle F--Internet Prohibitions

SEC. 1661. SHORT TITLE.

    This subtitle may be cited as the ``Internet Firearms and 
Explosives Advertising Act of 1999''.

SEC. 1662. FINDINGS; PURPOSE.

    Congress finds the following:
            (1) Citizens have an individual right, under the Second 
        Amendment to the United States Constitution, to keep and bear 
        arms. The Gun Control Act of 1968 and the Firearms Owners 
        Protection Act of 1986 specifically state that it is not the 
        intent of Congress to frustrate the free exercise of that right 
        in enacting Federal legislation. The free exercise of that 
        right includes law abiding firearms owners buying, selling, 
        trading, and collecting guns in accordance with Federal, State, 
        and local laws for whatever lawful use they deem desirable.
            (2) The Internet is a powerful information medium, which 
        has and continues to be an excellent tool to educate citizens 
        on the training, education and safety programs available to use 
        firearms safely and responsibly. It has, and should continue to 
        develop, as a 21st century tool for ``e-commerce'' and 
        marketing many products, including firearms and sporting goods. 
        Many web sites related to these topics are sponsored in large 
        part by the sporting firearms and hunting community.
            (3) It is the intent of Congress that this legislation be 
        applied where the Internet is being exploited to violate the 
        applicable explosives and firearms laws of the United States.

SEC. 1663. PROHIBITIONS ON USES OF THE INTERNET.

    (a) In General.--Chapter 44 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 931. Criminal firearms and explosives solicitations
    ``(a)(1) In General.--Any person who, in a circumstance described 
in paragraph (2), knowingly makes, prints, or publishes, or causes to 
be made, printed, or published, any notice or advertisement seeking or 
offering to receive, exchange, buy, sell, produce, distribute, or 
transfer--
            ``(A) a firearm knowing that such transaction, if carried 
        out as noticed or advertised, would violate subsection (a), 
        (d), (g), or (x) of section 922 of this chapter, or
            ``(B) explosive materials knowing that such transaction, if 
        carried out as noticed or advertised, would violate subsection 
        (a), (d), and (i) of section 842 of this title,
shall be punished as provided under subsection (b).
    ``(2) The circumstance referred to in paragraph (1) is that--
            ``(A) such person knows or has reason to know that such 
        notice or advertisement will be transported in interstate or 
        foreign commerce by computer; or
            ``(B) such notice or advertisement is transported in 
        interstate or foreign commerce by computer.
    ``(b) Penalties.--Any individual who violates, or attempts or 
conspires to violate, this section shall be fined under this title or 
imprisoned not more than 1 year, and both, but if such person has one 
prior conviction under this section, or under the laws of any State 
relating to the same offense, such person shall be fined under this 
title and imprisoned for not more than 5 years, but if such person has 
2 or more prior convictions under this section, or under the laws of 
any State relating to the same offense, such person shall be fined 
under this title and imprisoned not less than 10 years nor more than 20 
years. Any organization that violates, or attempts or conspires to 
violate, this section shall be fined under this title. Whoever, in the 
course of an offense under this section, engages in conduct that 
results in the death of a juvenile, herein defined as an individual who 
has not yet attained the age of 18 years, shall be punished by death, 
or imprisoned for any term of years or for life.
    ``(c) Defenses.--It is an affirmative defense against any 
proceeding involving this section if the proponent proves by a 
preponderance of the evidence that--
            ``(1) the advertisement or notice came from--
                    ``(A) a web site, notice or advertisement operated 
                or created by a person licensed--
                            ``(i) as a manufacturer, importer, or 
                        dealer under section 923 of this chapter; or
                            ``(ii) under chapter 40 of this title; and
                    ``(B) the site, advertisement or notice, advised 
                the person at least once prior to the offering of the 
                product, material or information to the person that 
                sales or transfers of the product or information will 
                be made in accord with Federal, State and local law 
                applicable to the buyer or transferee, and such notice 
                includes, in the case of firearms or ammunition, 
                additional information that firearms transfers will 
                only be made through a licensee, and that firearms and 
                ammunition transfers are prohibited to felons, 
                fugitives, juveniles and other persons under the Gun 
                Control Act of 1968 prohibited from receiving or 
                possessing firearms or ammunition; or
            ``(2) the advertisement or notice came from--
                    ``(A) a web site, notice or advertisement is 
                operated or created by a person not licensed as stated 
                in paragraph (1); and
                    ``(B) the site, advertisement or notice, advised 
                the person at least once prior to the offering of the 
                product, material or information to the person that the 
                sales or transfers of the product or information--
                            ``(i) will be made in accord with Federal, 
                        State and local law applicable to the buyer or 
                        transferee, and such notice includes, in the 
                        case of firearms or ammunition, that firearms 
                        and ammunition transfers are prohibited to 
                        felons, fugitives, juveniles and other persons 
                        under the Gun Control Act of 1968 prohibited 
                        from receiving or possessing firearms or 
                        ammunition; and
                            ``(ii) as a term or condition for posting 
                        or listing the firearm for sale or exchange on 
                        the web site for a prospective transferor, the 
                        web site, advertisement or notice requires 
                        that, in the event of any agreement to sell or 
                        exchange the firearm pursuant to that posting 
                        or listing, the firearm be transferred to that 
                        person for disposition through a Federal 
                        firearms licensee, where the Gun Control Act of 
                        1968 requires the transfer to be made through a 
                        Federal firearms licensee.''.
    (b) Technical and Conforming Amendment.--The analysis for chapter 
44 of title 18, United States Code, is amended by inserting after the 
item relating to section 930 the following:

``931. Criminal firearms and explosives solicitations.''.

SEC. 1664. EFFECTIVE DATE.

    The amendments made by sections 1661-1663 shall take effect 
beginning on the date that is 180 days after the enactment of this Act.

              Subtitle G--Partnerships for High-Risk Youth

SEC. 1671. SHORT TITLE.

    This subtitle may be cited as the ``Partnerships for High-Risk 
Youth Act''.

SEC. 1672. FINDINGS.

    Congress finds that--
            (1) violent juvenile crime rates have been increasing in 
        United States schools, causing many high-profile deaths of 
        young, innocent school children;
            (2) in 1994, there were 2,700,000 arrests of persons under 
        age 18 (a third of whom were under age 15), up from 1,700,000 
        in 1991;
            (3) while crime is generally down in many urban and 
        suburban areas, crime committed by teenagers has spiked sharply 
        over the past few years;
            (4) there is no single solution, or panacea, to the problem 
        of rising juvenile crime;
            (5) there will soon be over 34,000,000 teenagers in the 
        United States, which is 26 percent higher than the number of 
        such teenagers in 1990 and the largest number of teenagers in 
        the United States to date;
            (6) in order to ensure the safety of youth in the United 
        States, the Nation should begin to explore innovative methods 
        of curbing the rise in violent crime in United States schools, 
        such as use of faith-based and grassroots initiatives; and
            (7)(A) a strong partnership among law enforcement, local 
        government, juvenile and family courts, schools, businesses, 
        charitable organizations, families, and the religious community 
        can create a community environment that supports the youth of 
        the Nation and reduces the occurrence of juvenile crime; and
            (B) the development of character and strong moral values 
        will--
                    (i) greatly decrease the likelihood that youth will 
                fall victim to the temptations of crime; and
                    (ii) improve the lives and future prospects of 
                high-risk youth and their communities.

SEC. 1673. PURPOSES.

    The purposes of this subtitle are as follows:
            (1) To establish a national demonstration project to 
        promote learning about successful youth interventions, with 
        programs carried out by institutions that can identify and 
        employ effective approaches for improving the lives and future 
        prospects of high-risk youth and their communities.
            (2) To document best practices for conducting successful 
        interventions for high-risk youth, based on the results of 
        local initiatives.
            (3) To produce lessons and data from the operating 
        experience from those local initiatives that will--
                    (A) provide information to improve policy in the 
                public and private sectors; and
                    (B) promote the operational effectiveness of other 
                local initiatives throughout the United States.

SEC. 1674. ESTABLISHMENT OF DEMONSTRATION PROJECT.

    (a) In General.--The Attorney General shall establish and carry out 
a demonstration project. In carrying out the demonstration project, the 
Attorney General shall, subject to the availability of appropriations, 
award a grant to Public-Private Ventures, Inc. to enable Public-Private 
Ventures, Inc. to award grants to eligible partnerships to pay for the 
Federal share of the cost of carrying out collaborative intervention 
programs for high-risk youth, described in section 1676, in the 
following 12 cities:
            (1) Boston, Massachusetts.
            (2) New York, New York.
            (3) Philadelphia, Pennsylvania.
            (4) Pittsburgh, Pennsylvania.
            (5) Detroit, Michigan.
            (6) Denver, Colorado.
            (7) Seattle, Washington.
            (8) Cleveland, Ohio.
            (9) San Francisco, California.
            (10) Austin, Texas.
            (11) Memphis, Tennessee.
            (12) Indianapolis, Indiana.
    (b) Federal Share.--
            (1) In general.--The Federal share of the cost described in 
        subsection (a) shall be 70 percent.
            (2) Non-federal share.--The non-Federal share of the cost 
        may be provided in cash.

SEC. 1675. ELIGIBILITY.

    (a) In General.--To be eligible to receive a grant under section 
1674, a partnership--
            (1) shall submit an application to Public-Private Ventures 
        Inc. at such time, in such manner, and containing such 
        information as Public-Private Ventures, Inc. may require;
            (2) shall enter into a memorandum of understanding with 
        Public-Private Ventures, Inc.; and
            (3)(A) shall be a collaborative entity that includes 
        representatives of local government, juvenile detention service 
        providers, local law enforcement, probation officers, youth 
        street workers, and local educational agencies, and religious 
        institutions that have resident-to-membership percentages of at 
        least 40 percent; and
            (B) shall serve a city referred to in section 1674(a).
    (b) Selection Criteria.--In making grants under section 1674, 
Public-Private Ventures, Inc. shall consider--
            (1) the ability of a partnership to design and implement a 
        local intervention program for high-risk youth;
            (2) the past experience of the partnership, and key 
        participating individuals, in intervention programs for youth 
        and similar community activities; and
            (3) the experience of the partnership in working with other 
        community-based organizations.

SEC. 1676. USES OF FUNDS.

    (a) Programs.--
            (1) Core features.--An eligible partnership that receives a 
        grant under section 1674 shall use the funds made available 
        through the grant to carry out an intervention program with the 
        following core features:
                    (A) Target group.--The program will target a group 
                of youth (including young adults) who--
                            (i) are at high risk of--
                                    (I) leading lives that are 
                                unproductive and negative;
                                    (II) not being self-sufficient; and
                                    (III) becoming incarcerated; and
                            (ii) are likely to cause pain and loss to 
                        other individuals and their communities.
                    (B) Volunteers and mentors.--The program will make 
                significant use of volunteers and mentors.
                    (C) Long-term involvement.--The program will 
                feature activities that promote long-term involvement 
                in the lives of the youth (including young adults).
            (2) Permissible services.--The partnership, in carrying out 
        the program, may use funds made available through the grant to 
        provide, directly or through referrals, comprehensive support 
        services to the youth (including young adults).
    (b) Evaluation and Related Activities.--Using funds made available 
through its grant under section 1674, Public-Private Ventures, Inc. 
shall--
            (1) prepare and implement an evaluation design for 
        evaluating the programs that receive grants under section 1674;
            (2) conduct a quarterly evaluation of the performance and 
        progress of the programs;
            (3) organize and conduct national and regional conferences 
        to promote peer learning about the operational experiences from 
        the programs;
            (4) provide technical assistance to the partnerships 
        carrying out the programs, based on the quarterly evaluations; 
        and
            (5) prepare and submit to the Attorney General a report 
        that describes the activities of the partnerships and the 
        results of the evaluations.
    (c) Limitation.--Not more than 20 percent of the funds appropriated 
under section 1677 for a fiscal year may be used--
            (1) to provide comprehensive support services under 
        subsection (a)(2);
            (2) to carry out activities under subsection (b); and
            (3) to pay for the administrative costs of Public-Private 
        Ventures, Inc., related to carrying out this subtitle.

SEC. 1677. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to carry out this subtitle 
$4,000,000 for each of the fiscal years 2000 through 2004.

              Subtitle H--National Youth Crime Prevention

SEC. 1681. SHORT TITLE.

    This subtitle may be cited as the ``National Youth Crime Prevention 
Demonstration Act''.

SEC. 1682. PURPOSES.

    The purposes of this subtitle are as follows:
            (1) To establish a demonstration project that establishes 
        violence-free zones that would involve successful youth 
        intervention models in partnership with law enforcement, local 
        housing authorities, private foundations, and other public and 
        private partners.
            (2) To document best practices based on successful 
        grassroots interventions in cities, including Washington, 
        District of Columbia; Boston, Massachusetts; Hartford, 
        Connecticut; and other cities to develop methodologies for 
        widespread replication.
            (3) To increase the efforts of the Department of Justice, 
        the Department of Housing and Urban Development, and other 
        agencies in supporting effective neighborhood mediating 
        approaches.

SEC. 1683. ESTABLISHMENT OF NATIONAL YOUTH CRIME PREVENTION 
              DEMONSTRATION PROJECT.

    The Attorney General shall establish and carry out a demonstration 
project. In carrying out the demonstration project, the Attorney 
General shall, subject to the availability of appropriations, award a 
grant to the National Center for Neighborhood Enterprise (referred to 
in this subtitle as the ``National Center'') to enable the National 
Center to award grants to grassroots entities in the following 8 
cities:
            (1) Washington, District of Columbia.
            (2) Detroit, Michigan.
            (3) Hartford, Connecticut.
            (4) Indianapolis, Indiana.
            (5) Chicago (and surrounding metropolitan area), Illinois.
            (6) San Antonio, Texas.
            (7) Dallas, Texas.
            (8) Los Angeles, California.

SEC. 1684. ELIGIBILITY.

    (a) In General.--To be eligible to receive a grant under this 
subtitle, a grassroots entity referred to in section 1683 shall submit 
an application to the National Center to fund intervention models that 
establish violence-free zones.
    (b) Selection Criteria.--In awarding grants under this subtitle, 
the National Center shall consider--
            (1) the track record of a grassroots entity and key 
        participating individuals in youth group mediation and crime 
        prevention;
            (2) the engagement and participation of a grassroots entity 
        with other local organizations; and
            (3) the ability of a grassroots entity to enter into 
        partnerships with local housing authorities, law enforcement 
        agencies, and other public entities.

SEC. 1685. USES OF FUNDS.

    (a) In General.--Funds received under this subtitle may be used for 
youth mediation, youth mentoring, life skills training, job creation 
and entrepreneurship, organizational development and training, 
development of long-term intervention plans, collaboration with law 
enforcement, comprehensive support services and local agency 
partnerships, and activities to further community objectives in 
reducing youth crime and violence.
    (b) Guidelines.--The National Center will identify local lead 
grassroots entities in each designated city.
    (c) Technical Assistance.--The National Center, in cooperation with 
the Attorney General, shall also provide technical assistance for 
startup projects in other cities.

SEC. 1686. REPORTS.

    The National Center shall submit a report to the Attorney General 
evaluating the effectiveness of grassroots agencies and other public 
entities involved in the demonstration project.

SEC. 1687. DEFINITIONS.

    In this subtitle:
            (1) Grassroots entity.--The term ``grassroots entity'' 
        means a not-for-profit community organization with demonstrated 
        effectiveness in mediating and addressing youth violence by 
        empowering at-risk youth to become agents of peace and 
        community restoration.
            (2) National center for neighborhood enterprise.--The term 
        ``National Center for Neighborhood Enterprise'' means a not-
        for-profit organization incorporated in the District of 
        Columbia.

SEC. 1688. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to carry 
out this subtitle--
            (1) $5,000,000 for fiscal year 2000;
            (2) $5,000,000 for fiscal year 2001;
            (3) $5,000,000 for fiscal year 2002;
            (4) $5,000,000 for fiscal year 2003; and
            (5) $5,000,000 for fiscal year 2004.
    (b) Reservation.--The National Center for Neighborhood Enterprise 
may use not more than 20 percent of the amounts appropriated pursuant 
to subsection (a) in any fiscal year for administrative costs, 
technical assistance and training, comprehensive support services, and 
evaluation of participating grassroots organizations.

             Subtitle I--National Youth Violence Commission

SEC. 1691. SHORT TITLE.

    This subtitle may be cited as the ``National Youth Violence 
Commission Act''.

SEC. 1692. NATIONAL YOUTH VIOLENCE COMMISSION.

    (a) Establishment of Commission.--There is established a commission 
to be known as the National Youth Violence Commission (hereinafter 
referred to in this subtitle as the ``Commission''). The Commission 
shall--
            (1) be composed of 16 members appointed in accordance with 
        subsection (b); and
            (2) conduct its business in accordance with the provisions 
        of this subtitle.
    (b) Membership.--
            (1) Persons eligible.--Except for those members who hold 
        the offices described under paragraph (2)(A), and those members 
        appointed under paragraph (2) (C)(ii) and (D)(iv), the members 
        of the Commission shall be individuals who have expertise, by 
        both experience and training, in matters to be studied by the 
        Commission under section 1693. The members of the Commission 
        shall be well-known and respected among their peers in their 
        respective fields of expertise.
            (2) Appointments.--The members of the Commission shall be 
        appointed for the life of the Commission as follows:
                    (A) Four shall be appointed by the President of the 
                United States, including--
                            (i) the Surgeon General of the United 
                        States;
                            (ii) the Attorney General of the United 
                        States;
                            (iii) the Secretary of the Department of 
                        Health and Human Services; and
                            (iv) the Secretary of the Department of 
                        Education.
                    (B) Four shall be appointed by the Speaker of the 
                House of Representatives, including--
                            (i) 1 member who meets the criteria for 
                        eligibility in paragraph (1) in the field of 
                        law enforcement or crime enforcement;
                            (ii) 1 member who meets the criteria for 
                        eligibility in paragraph (1) in the field of 
                        school administration, teaching, or counseling;
                            (iii) 1 member who meets the criteria for 
                        eligibility in paragraph (1) in the field of 
                        parenting and family studies; and
                            (iv) 1 member who meets the criteria for 
                        eligibility in paragraph (1) in the field of 
                        child or adolescent psychology.
                    (C) Two shall be appointed by the Minority Leader 
                of the House of Representatives, including--
                            (i) 1 member who meets the criteria for 
                        eligibility in paragraph (1) in the field of 
                        law enforcement or crime enforcement; and
                            (ii) 1 member who is a recognized religious 
                        leader.
                    (D) Four shall be appointed by the Majority Leader 
                of the Senate, including--
                            (i) 1 member who meets the criteria for 
                        eligibility in paragraph (1) in the field of 
                        law enforcement or crime enforcement;
                            (ii) 1 member who meets the criteria for 
                        eligibility in paragraph (1) in the field of 
                        school administration, teaching, or counseling;
                            (iii) 1 member who meets the criteria for 
                        eligibility in paragraph (1) in the social 
                        sciences; and
                            (iv) 1 member who is a recognized religious 
                        leader.
                    (E) Two shall be appointed by the Minority Leader 
                of the Senate, including--
                            (i) 1 member who meets the criteria for 
                        eligibility in paragraph (1) in the field of 
                        school administration, teaching, or counseling; 
                        and
                            (ii) 1 member who meets the criteria for 
                        eligibility in paragraph (1) in the field of 
                        parenting and family studies.
            (3) Completion of appointments; vacancies.--Not later than 
        30 days after the date of enactment of this Act, the appointing 
        authorities under paragraph (2) shall each make their 
        respective appointments. Any vacancy that occurs during the 
        life of the Commission shall not affect the powers of the 
        Commission, and shall be filled in the same manner as the 
        original appointment not later than 30 days after the vacancy 
        occurs.
            (4) Operation of the commission.--
                    (A) Chairmanship.--The appointing authorities under 
                paragraph (2) shall jointly designate 1 member as the 
                Chairman of the Commission. In the event of a 
                disagreement among the appointing authorities, the 
                Chairman shall be determined by a majority vote of the 
                appointing authorities. The determination of which 
                member shall be Chairman shall be made not later than 
                15 days after the appointment of the last member of the 
                Commission, but in no case later than 45 days after the 
                date of enactment of this Act.
                    (B) Meetings.--The Commission shall meet at the 
                call of the Chairman. The initial meeting of the 
                Commission shall be conducted not later than 30 days 
                after the later of--
                            (i) the date of the appointment of the last 
                        member of the Commission; or
                            (ii) the date on which appropriated funds 
                        are available for the Commission.
                    (C) Quorum; voting; rules.--A majority of the 
                members of the Commission shall constitute a quorum to 
                conduct business, but the Commission may establish a 
                lesser quorum for conducting hearings scheduled by the 
                Commission. Each member of the Commission shall have 1 
                vote, and the vote of each member shall be accorded the 
                same weight. The Commission may establish by majority 
                vote any other rules for the conduct of the 
                Commission's business, if such rules are not 
                inconsistent with this subtitle or other applicable 
                law.

SEC. 1693. DUTIES OF THE COMMISSION.

    (a) Study.--
            (1) In general.--It shall be the duty of the Commission to 
        conduct a comprehensive factual study of incidents of youth 
        violence to determine the root causes of such violence.
            (2) Matters to be studied.--In determining the root causes 
        of incidents of youth violence, the Commission shall study any 
        matter that the Commission determines relevant to meeting the 
        requirements of paragraph (1), including at a minimum--
                    (A) the level of involvement and awareness of 
                teachers and school administrators in the lives of 
                their students and any impact of such involvement and 
                awareness on incidents of youth violence;
                    (B) trends in family relationships, the level of 
                involvement and awareness of parents in the lives of 
                their children, and any impact of such relationships, 
                involvement, and awareness on incidents of youth 
                violence;
                    (C) the alienation of youth from their schools, 
                families, and peer groups, and any impact of such 
                alienation on incidents of youth violence;
                    (D) the availability of firearms to youth, 
                including any illegal means by which youth acquire such 
                firearms, and any impact of such availability on 
                incidents of youth violence;
                    (E) any impact upon incidents of youth violence of 
                the failure to execute existing laws designed to 
                restrict youth access to certain firearms, and the 
                illegal purchase, possession, or transfer of certain 
                firearms;
                    (F) the effect upon youth of depictions of violence 
                in the media and any impact of such depictions on 
                incidents of youth violence; and
                    (G) the availability to youth of information 
                regarding the construction of weapons, including 
                explosive devices, and any impact of such information 
                on incidents of youth violence.
            (3) Testimony of parents and students.--In determining the 
        root causes of incidents of youth violence, the Commission 
        shall, pursuant to section 1694(a), take the testimony of 
        parents and students to learn and memorialize their views and 
        experiences regarding incidents of youth violence.
    (b) Recommendations.--Based on the findings of the study required 
under subsection (a), the Commission shall make recommendations to the 
President and Congress to address the causes of youth violence and 
reduce incidents of youth violence. If the Surgeon General issues any 
report on media and violence, the Commission shall consider the 
findings and conclusions of such report in making recommendations under 
this subsection.
    (c) Report.--
            (1) In general.--Not later than 1 year after the date on 
        which the Commission first meets, the Commission shall submit 
        to the President and Congress a comprehensive report of the 
        Commission's findings and conclusions, together with the 
        recommendations of the Commission.
            (2) Summaries.--The report under this subsection shall 
        include a summary of--
                    (A) the reports submitted to the Commission by any 
                entity under contract for research under section 
                1694(e); and
                    (B) any other material relied on by the Commission 
                in the preparation of the Commission's report.

SEC. 1694. POWERS OF THE COMMISSION.

    (a) Hearings.--
            (1) In general.--The Commission may hold such hearings, sit 
        and act at such times and places, administer such oaths, take 
        such testimony, and receive such evidence as the Commission 
        considers advisable to carry out its duties under section 1693.
            (2) Witness expenses.--Witnesses requested to appear before 
        the Commission shall be paid the same fees as are paid to 
        witnesses under section 1821 of title 28, United States Code.
    (b) Subpoenas.--
            (1) In general.--If a person fails to supply information 
        requested by the Commission, the Commission may by majority 
        vote request the Attorney General of the United States to 
        require by subpoena the production of any written or recorded 
        information, document, report, answer, record, account, paper, 
        computer file, or other data or documentary evidence necessary 
        to carry out the Commission's duties under section 1693. The 
        Commission shall transmit to the Attorney General a 
        confidential, written request for the issuance of any such 
        subpoena. The Attorney General shall issue the requested 
        subpoena if the request is reasonable and consistent with the 
        Commission's duties under section 1693. A subpoena under this 
        paragraph may require the production of materials from any 
        place within the United States.
            (2) Interrogatories.--The Commission may, with respect only 
        to information necessary to understand any materials obtained 
        through a subpoena under paragraph (1), request the Attorney 
        General to issue a subpoena requiring the person producing such 
        materials to answer, either through a sworn deposition or 
        through written answers provided under oath (at the election of 
        the person upon whom the subpoena is served), to 
        interrogatories from the Commission regarding such information. 
        The Attorney General shall issue the requested subpoena if the 
        request is reasonable and consistent with the Commission's 
        duties under section 1693. A complete recording or 
        transcription shall be made of any deposition made under this 
        paragraph.
            (3) Certification.--Each person who submits materials or 
        information to the Attorney General pursuant to a subpoena 
        issued under paragraph (1) or (2) shall certify to the Attorney 
        General the authenticity and completeness of all materials or 
        information submitted. The provisions of section 1001 of title 
        18, United States Code, shall apply to any false statements 
        made with respect to the certification required under this 
        paragraph.
            (4) Treatment of subpoenas.--Any subpoena issued by the 
        Attorney General under paragraph (1) or (2) shall comply with 
        the requirements for subpoenas issued by a United States 
        district court under the Federal Rules of Civil Procedure.
            (5) Failure to obey a subpoena.--If a person refuses to 
        obey a subpoena issued by the Attorney General under paragraph 
        (1) or (2), the Attorney General may apply to a United States 
        district court for an order requiring that person to comply 
        with such subpoena. The application may be made within the 
        judicial district in which that person is found, resides, or 
        transacts business. Any failure to obey the order of the court 
        may be punished by the court as civil contempt.
    (c) Information From Federal Agencies.--The Commission may secure 
directly from any Federal department or agency such information as the 
Commission considers necessary to carry out its duties under section 
1693. Upon the request of the Commission, the head of such department 
or agency may furnish such information to the Commission.
    (d) Information To Be Kept Confidential.--
            (1) In general.--The Commission shall be considered an 
        agency of the Federal Government for purposes of section 1905 
        of title 18, United States Code, and any individual employed by 
        any individual or entity under contract with the Commission 
        under subsection (e) shall be considered an employee of the 
        Commission for the purposes of section 1905 of title 18, United 
        States Code.
            (2) Disclosure.--Information obtained by the Commission or 
        the Attorney General under this Act and shared with the 
        Commission, other than information available to the public, 
        shall not be disclosed to any person in any manner, except--
                    (A) to Commission employees or employees of any 
                individual or entity under contract to the Commission 
                under subsection (e) for the purpose of receiving, 
                reviewing, or processing such information;
                    (B) upon court order; or
                    (C) when publicly released by the Commission in an 
                aggregate or summary form that does not directly or 
                indirectly disclose--
                            (i) the identity of any person or business 
                        entity; or
                            (ii) any information which could not be 
                        released under section 1905 of title 18, United 
                        States Code.
    (e) Contracting for Research.--The Commission may enter into 
contracts with any entity for research necessary to carry out the 
Commission's duties under section 1693.

SEC. 1695. COMMISSION PERSONNEL MATTERS.

    (a) Compensation of Members.--Each member of the Commission who is 
not an officer or employee of the Federal Government shall be 
compensated at a rate equal to the daily equivalent of the annual rate 
of basic pay prescribed for level IV of the Executive Schedule under 
section 5315 of title 5, United States Code, for each day (including 
travel time) during which such member is engaged in the performance of 
the duties of the Commission. All members of the Commission who are 
officers or employees of the United States shall serve without 
compensation in addition to that received for their services as 
officers or employees of the United States.
    (b) Travel Expenses.--The members of the Commission shall be 
allowed travel expenses, including per diem in lieu of subsistence, at 
rates authorized for employees of agencies under subchapter I of 
chapter 57 of title 5, United States Code, while away from their homes 
or regular places of business in the performance of service for the 
Commission.
    (c) Staff.--
            (1) In general.--The Chairman of the Commission may, 
        without regard to the civil service laws and regulations, 
        appoint and terminate an executive director and such other 
        additional personnel as may be necessary to enable the 
        Commission to perform its duties. The employment and 
        termination of an executive director shall be subject to 
        confirmation by a majority of the members of the Commission.
            (2) Compensation.--The executive director shall be 
        compensated at a rate not to exceed the rate payable for level 
        V of the Executive Schedule under section 5316 of title 5, 
        United States Code. The Chairman may fix the compensation of 
        other personnel without regard to the provisions of chapter 51 
        and subchapter III of chapter 53 of title 5, United States 
        Code, relating to classification of positions and General 
        Schedule pay rates, except that the rate of pay for such 
        personnel may not exceed the rate payable for level V of the 
        Executive Schedule under section 5316 of such title.
            (3) Detail of government employees.--Any Federal Government 
        employee, with the approval of the head of the appropriate 
        Federal agency, may be detailed to the Commission without 
        reimbursement, and such detail shall be without interruption or 
        loss of civil service status, benefits, or privilege.
    (d) Procurement of Temporary and Intermittent Services.--The 
Chairman of the Commission may procure temporary and intermittent 
services under section 3109(b) of title 5, United States Code, at rates 
for individuals not to exceed the daily equivalent of the annual rate 
of basic pay prescribed for level V of the Executive Schedule under 
section 5316 of such title.

SEC. 1696. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Commission and any 
agency of the Federal Government assisting the Commission in carrying 
out its duties under this subtitle such sums as may be necessary to 
carry out the purposes of this subtitle. Any sums appropriated shall 
remain available, without fiscal year limitation, until expended.

SEC. 1697. TERMINATION OF THE COMMISSION.

    The Commission shall terminate 30 days after the Commission submits 
the report under section 1693(c).

                       Subtitle J--School Safety

SEC. 1698. SHORT TITLE.

    This subtitle may be cited as the ``School Safety Act of 1999''.

SEC. 1699. AMENDMENTS TO THE INDIVIDUALS WITH DISABILITIES EDUCATION 
              ACT.

    (a) Placement in Alternative Educational Setting.--Section 615(k) 
of the Individuals with Disabilities Education Act (20 U.S.C. 1415(k)) 
is amended--
            (1) in paragraph (1)(A)(ii)(I), by inserting ``(other than 
        a gun or firearm)'' after ``weapon'';
            (2) by redesignating paragraph (10) as paragraph (11); and
            (3) by inserting after paragraph (9) the following new 
        section:
            ``(10) Discipline with regard to guns or firearms.--
                    ``(A) Authority of school personnel with respect to 
                guns or firearms.--
                            ``(i) Notwithstanding any other provision 
                        of this Act, school personnel may discipline 
                        (including expel or suspend) a child with a 
                        disability who carries or possesses a gun or 
                        firearm to or at a school, on school premises, 
                        or to or at a school function, under the 
                        jurisdiction of a State or a local educational 
                        agency, in the same manner in which such 
                        personnel may discipline a child without a 
                        disability.
                            ``(ii) Nothing in clause (i) shall be 
                        construed to prevent a child with a disability 
                        who is disciplined pursuant to the authority 
                        provided under clause (i) from asserting a 
                        defense that the carrying or possession of the 
                        gun or firearm was unintentional or innocent.
                    ``(B) Free appropriate public education.--
                            ``(i) Ceasing to provide education.--
                        Notwithstanding section 612(a)(1)(A), a child 
                        expelled or suspended under subparagraph (A) 
                        shall not be entitled to continued educational 
                        services, including a free appropriate public 
                        education, under this title, during the term of 
                        such expulsion or suspension, if the State in 
                        which the local educational agency responsible 
                        for providing educational services to such 
                        child does not require a child without a 
                        disability to receive educational services 
                        after being expelled or suspended.
                            ``(ii) Providing education.--
                        Notwithstanding clause (i), the local 
                        educational agency responsible for providing 
                        educational services to a child with a 
                        disability who is expelled or suspended under 
                        subparagraph (A) may choose to continue to 
                        provide educational services to such child. If 
                        the local educational agency so chooses to 
                        continue to provide the services--
                                    ``(I) nothing in this title shall 
                                require the local educational agency to 
                                provide such child with a free 
                                appropriate public education, or any 
                                particular level of service; and
                                    ``(II) the location where the local 
                                educational agency provides the 
                                services shall be left to the 
                                discretion of the local educational 
                                agency.
                    ``(C) Relationship to other requirements.--
                            ``(i) Plan requirements.--No agency shall 
                        be considered to be in violation of section 612 
                        or 613 because the agency has provided 
                        discipline, services, or assistance in 
                        accordance with this paragraph.
                            ``(ii) Procedure.--Actions taken pursuant 
                        to this paragraph shall not be subject to the 
                        provisions of this section, other than this 
                        paragraph.
                    ``(D) Firearm.--The term `firearm' has the meaning 
                given the term under section 921 of title 18, United 
                States Code.''.
    (b) Conforming Amendment.--Section 615(f)(1) of the Individuals 
with Disabilities Education Act (20 U.S.C. 1415(f)(1)) is amended by 
striking ``Whenever'' and inserting the following: ``Except as provided 
in section 615(k)(10), whenever''.

            Passed the Senate May 20, 1999.

            Attest:

                                                             Secretary.
106th CONGRESS

  1st Session

                                 S. 254

_______________________________________________________________________

                                 AN ACT

    To reduce violent juvenile crime, promote accountability by and 
  rehabilitation of juvenile criminals, punish and deter violent gang 
                     crime, and for other purposes.

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