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[Page: S9237]
Mr. LOTT proposed an amendment (in the nature of a substitute) to the bill (H.R. 1501) to amend the Omnibus Crime Control and Safe Streets Act of 1968 to provide grants to ensure increased accountability for juvenile offenders; to amend the Juvenile Justice and Delinquency Prevention Act of 1974 to provide quality prevention programs and accountability programs relating to juvenile delinquency; and for other purposes; as follows:
Strike all after the enacting clause and insert:
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.
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.
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.
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.
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.
Sec. 331. Alternative education.
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.
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.
Sec. 411. Study of marketing practices of motion picture, recording, and video/personal computer game industries.
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.
Sec. 601. Penalties for unlawful acts by juveniles.
Sec. 602. Effective date.
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.
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.
Sec. 811. Apprehension and procedural treatment of armed violent criminals.
Sec. 821. Youth crime gun interdiction initiative.
Sec. 831. Collection of gun prosecution data.
Sec. 841. Prohibition on firearms possession by violent juvenile offenders.
Sec. 851. Penalties for firearm violations involving juveniles.
Sec. 861. National instant criminal background check system improvements.
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.
Sec. 1001. Short title.
Sec. 1002. Purposes.
Sec. 1003. Firearms safety.
Sec. 1004. Effective date.
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.
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.
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.
Sec. 1401. Purpose.
Sec. 1402. Authorization of appropriations.
Sec. 1403. School-based programs.
Sec. 1404. After school programs.
Sec. 1405. General provisions.
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.
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.
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.
Sec. 1652. Enhancement of penalties for animal enterprise terrorism.
Sec. 1653. National animal terrorism and ecoterrorism incident clearinghouse.
Sec. 1654. Jail-based substance abuse treatment programs.
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.
Sec. 1661. Short title.
Sec. 1662. Findings; purpose.
Sec. 1663. Prohibitions on uses of the Internet.
Sec. 1664. Effective date.
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.
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.
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.
Sec. 1698. Short title.
Sec. 1699. Amendments to the Individuals with Disabilities Education Act.
[Page: S9238]
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.
[Page: S9239]
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:
`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.'.
[Page: S9240]
SEC. 103. DEFINITIONS.
Section 5031 of title 18, United States Code, is amended to read as follows:
`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).'.
[Page: S9241]
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:
`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.'.
[Page: S9242]
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:
`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'.
[Page: S9243]
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:
`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:
`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.'.
[Page: S9244]
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:
`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:
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`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:
`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:
`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:
`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:
`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.
`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'.
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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.'.
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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:
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`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.
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`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.
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`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.
[Page: S9252]
`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.
[Page: S9254]
`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.
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`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.
[Page: S9256]
`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.
[Page: S9257]
`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.
[Page: S9258]
`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.
[Page: S9259]
`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:
[Page: S9260]
`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:
[Page: S9261]
`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'.
[Page: S9262]
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.
[Page: S9263]
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.
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`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.'.
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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:
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`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.
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`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.
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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.
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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.
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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.'.
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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:
`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:
`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.'.
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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 VIII--EFFECTIVE GUN LAW ENFORCEMENT
Subtitle A--Criminal Use of Firearms by Felons
SEC. 801. SHORT TITLE.
This subtitle may be referred to as the `Criminal Use of Firearms by Felons (CUFF) Act'.
SEC. 802. FINDINGS.
Congress finds the following:
(1) Tragedies such as those occurring recently in the communities of Pearl, Mississippi, Paducah, Kentucky, Jonesboro, Arkansas, Springfield, Oregon, and Littleton, Colorado are terrible reminders of the vulnerability of innocent individuals to random and senseless acts of criminal violence.
(2) The United States Congress has responded to the problem of gun violence by passing numerous criminal statutes and by supporting the development of law enforcement programs designed both to punish the criminal misuse of weapons and also to deter individuals from undertaking illegal acts.
(3) In 1988, the Administration initiated an innovative program known as Project Achilles. The concept behind the initiative was that the illegal possession of firearms was the Achilles heel or the area of greatest vulnerability of criminals. By aggressively prosecuting criminals with guns in Federal court, the offenders were subject to stiffer penalties and expedited prosecutions. The Achilles program was particularly effective in removing the most violent criminals from our communities.
(4) In 1991, the Administration expanded its efforts to remove criminals with guns from our streets with Project Triggerlock. Triggerlock continued the ideas formulated in the Achilles program and committed the Department of Justice resources to the prosecution effort. Under the program, every United States Attorney was directed to form special teams of Federal, State, and local investigators to look for gang and drug cases that could be prosecuted as Federal weapon violations. Congress appropriated additional funds to allow a large number of new law enforcement officers and Federal prosecutors to target these gun and drug offenders. In 1992, approximately 7048 defendants were prosecuted under this initiative.
(5) Since 1993, the number of `Project Triggerlock' type gun prosecutions pursued by the Department of Justice has fallen to approximately 3807 prosecutions in 1998. This is a decline of over 40 percent in Federal prosecutions of criminals with guns.
(6) The threat of criminal prosecution in the Federal criminal justice system works to deter criminal behavior because the Federal system is known for speedier trials and longer prison sentences.
(7) The deterrent effect of Federal gun prosecutions has been demonstrated recently by successful programs, such as `Project Exile' in Richmond, Virginia, which resulted in a 22 percent decrease in violent crime since 1994.
(8) The Department of Justice's failure to prosecute the criminal use of guns under existing Federal law undermines the significant deterrent effect that these laws are meant to produce.
(9) The Department of Justice already possesses a vast array of Federal criminal statutes that, if used aggressively to prosecute wrongdoers, would significantly reduce both the threat of, and the incidence of, criminal gun violence.
(10) As an example, the Department of Justice has the statutory authority in section 922(q) of title 18, United States Code, to prosecute individuals who bring guns to school zones. Although the Administration stated that over 6,000 students were expelled last year for bringing guns to school, the Justice Department reports prosecuting only 8 cases under section 922(q) in 1998.
(11) The Department of Justice is also empowered under section 922(x) of title 18, United States Code, to prosecute adults who transfer handguns to juveniles. In 1998, the Department of Justice reports having prosecuted only 6 individuals under this provision.
(12) The Department of Justice's utilization of existing prosecutorial power is 1 of the most significant steps that can be taken to reduce the number of criminal acts involving guns, and represents a better response to the problem of criminal violence than the enactment of new, symbolic laws, which, if current Departmental trends hold, would likely be underutilized.
[Page: S9274]
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).
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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.
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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.
[Page: S9277]
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.
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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'.
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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.
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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.
[Page: S9281]
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'.
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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.
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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.'.
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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,'.
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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.'.
[Page: S9286]
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.'.
[Page: S9287]
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:
xl`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.
[Page: S9288]
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.
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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:
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`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.
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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.'.
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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.
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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:
`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:
(2) by striking `this part' each place it appears and inserting `this subpart'; and
(3) by adding at the end the following:
`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.
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`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.
`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:
(2) by adding at the end of the matter relating to part Y the following:
`2511. Program authorized.
`2512. Applications.
`2513. Definitions.
`2521. Program authorized.
`2522. Applications.
`2523. Definitions.'.
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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.'.
[Page: S9296]
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.
[Page: S9297]
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:
`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.
[Page: S9298]
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.
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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.
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SEC. 1696. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Commission and any agency of the Federal Government assisting the Commission in carrying out its duties under this subtitle such sums as may be necessary to carry out the purposes of this subtitle. Any sums appropriated shall remain available, without fiscal year limitation, until expended.
SEC. 1697. TERMINATION OF THE COMMISSION.
The Commission shall terminate 30 days after the Commission submits the report under section 1693(c).
Subtitle J--School Safety
SEC. 1698. SHORT TITLE.
This subtitle may be cited as the `School Safety Act of 1999'.
SEC. 1699. AMENDMENTS TO THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT.
(a) Placement in Alternative Educational Setting: Section 615(k) of the Individuals with Disabilities Education Act (20 U.S.C. 1415(k)) is amended--
(1) in paragraph (1)(A)(ii)(I), by inserting `(other than a gun or firearm)' after `weapon';
(2) by redesignating paragraph (10) as paragraph (11); and
(3) by inserting after paragraph (9) the following new section:
`(10) Discipline with regard to guns or firearms:
`(A) Authority of school personnel with respect to guns or firearms:
`(i) Notwithstanding any other provision of this Act, school personnel may discipline (including expel or suspend) a child with a disability who carries or possesses a gun or firearm to or at a school, on school premises, or to or at a school function, under the jurisdiction of a State or a local educational agency, in the same manner in which such personnel may discipline a child without a disability.
`(ii) Nothing in clause (i) shall be construed to prevent a child with a disability who is disciplined pursuant to the authority provided under clause (i) from asserting a defense that the carrying or possession of the gun or firearm was unintentional or innocent.
`(B) Free appropriate public education:
`(i) Ceasing to provide education: Notwithstanding section 612(a)(1)(A), a child expelled or suspended under subparagraph (A) shall not be entitled to continued educational services, including a free appropriate public education, under this title, during the term of such expulsion or suspension, if the State in which the local educational agency responsible for providing educational services to such child does not require a child without a disability to receive educational services after being expelled or suspended.
`(ii) Providing education: Notwithstanding clause (i), the local educational agency responsible for providing educational services to a child with a disability who is expelled or suspended under subparagraph (A) may choose to continue to provide educational services to such child. If the local educational agency so chooses to continue to provide the services--
`(I) nothing in this title shall require the local educational agency to provide such child with a free appropriate public education, or any particular level of service; and
`(II) the location where the local educational agency provides the services shall be left to the discretion of the local educational agency.
`(C) Relationship to other requirements:
`(i) Plan requirements: No agency shall be considered to be in violation of section 612 or 613 because the agency has provided discipline, services, or assistance in accordance with this paragraph.
`(ii) Procedure: Actions taken pursuant to this paragraph shall not be subject to the provisions of this section, other than this paragraph.
`(D) Firearm: The term `firearm' has the meaning given the term under section 921 of title 18, United States Code.'.
(b) Conforming Amendment: Section 615(f)(1) of the Individuals with Disabilities Education Act (20 U.S.C. 1415(f)(1)) is amended by striking `Whenever' and inserting the following: `Except as provided in section 615(k)(10), whenever'.
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