[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1501 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 165

106th CONGRESS

  1st Session

                               H. R. 1501

_______________________________________________________________________

                                 AN ACT

  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.

_______________________________________________________________________

                             June 23, 1999

            Received; read twice and placed on the calendar
                                                       Calendar No. 165
106th CONGRESS
  1st Session
                                H. R. 1501


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 23, 1999

            Received; read twice and placed on the calendar

_______________________________________________________________________

                                 AN ACT


 
  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.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Juvenile Justice 
Reform Act of 1999''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
              TITLE I--CONSEQUENCES FOR JUVENILE OFFENDERS

Sec. 101. Short title.
Sec. 102. Grant program.
Sec. 103. Aimee's law.
Sec. 104. Mandatory life imprisonment for repeat sex offenders against 
                            children.
Sec. 105. Increase of age relating to transfer of obscene material.
Sec. 106. Child hostage-taking to evade arrest or obstruct justice.
Sec. 107. Prohibition on transferring to juvenile a firearm that the 
                            transferor knows or has reason to believe 
                            will be used in a school zone or in a 
                            serious violent felony.
Sec. 108. District judges for districts in the States of Arizona, 
                            Florida, and Nevada.
Sec. 109. Youth Crime Gun Interdiction Initiative (YCGII).
Sec. 110. Limitation on prisoner release orders.
Sec. 111. Findings.
Sec. 112. Constitutionality of memorial services and memorials at 
                            public schools.
Sec. 113. Sense of the Congress with regard to violence and the 
                            entertainment industry.
Sec. 114. Religious nondiscrimination.
Sec. 115. Study of marketing practices of the firearms industry.
Sec. 116. Surgeon General review of effect on juveniles of violence in 
                            media.
Sec. 117. Amendments to Juvenile Justice and Delinquency Prevention Act 
                            of 1974.
Sec. 118. Amendments to the Individuals with Disabilities Education 
                            Act.
Sec. 119. Evaluation by General Accounting Office.
Sec. 120. Contingent wind-down and repeal of Juvenile Justice and 
                            Delinquency Prevention Act of 1974.
                   TITLE II--JUVENILE JUSTICE REFORM

Sec. 201. Delinquency proceedings or criminal prosecutions in district 
                            courts.
Sec. 202. Custody prior to appearance before judicial officer.
Sec. 203. Technical and conforming amendments to section 5034.
Sec. 204. Detention prior to disposition or sentencing.
Sec. 205. Speedy trial.
Sec. 206. Disposition; availability of increased detention, fines and 
                            supervised release for juvenile offenders.
Sec. 207. Juvenile records and fingerprinting.
Sec. 208. Technical amendments of sections 5031 and 5034.
Sec. 209. Clerical amendments to table of sections for chapter 403.
       TITLE III--EFFECTIVE ENFORCEMENT OF FEDERAL FIREARMS LAWS

Sec. 301. Armed criminal apprehension program.
Sec. 302. Annual reports.
Sec. 303. Authorization of appropriations.
Sec. 304. Cross-designation of Federal prosecutors.
     TITLE IV--LIMITING JUVENILE ACCESS TO FIREARMS AND EXPLOSIVES

Sec. 401. Increased penalties for unlawful juvenile possession of 
                            firearms.
Sec. 402. Increased penalties and mandatory minimum sentence for 
                            unlawful transfer of firearm to juvenile.
Sec. 403. Prohibiting possession of explosives by juveniles and young 
                            adults.
     TITLE V--PREVENTING CRIMINAL ACCESS TO FIREARMS AND EXPLOSIVES

Sec. 501. Criminal prohibition on distribution of certain information 
                            relating to explosives, destructive 
                            devices, and weapons of mass destruction.
Sec. 502. Requiring thefts from common carriers to be reported.
Sec. 503. Voluntary submission of dealer's records.
Sec. 504. Grant program for juvenile records.
    TITLE VI--PUNISHING AND DETERRING CRIMINAL USE OF FIREARMS AND 
                               EXPLOSIVES

Sec. 601. Mandatory minimum sentence for discharging a firearm in a 
                            school zone.
Sec. 602. Apprehension and procedural treatment of armed violent 
                            criminals.
Sec. 603. Increased penalties for possessing or transferring stolen 
                            firearms.
Sec. 604. Increased mandatory minimum penalties for using a firearm to 
                            commit a crime of violence or drug 
                            trafficking crime.
Sec. 605. Increased penalties for misrepresented firearms purchase in 
                            aid of a serious violent felony.
Sec. 606. Increasing penalties on gun kingpins.
Sec. 607. Serious recordkeeping offenses that aid gun trafficking.
Sec. 608. Termination of firearms dealer's license upon felony 
                            conviction.
Sec. 609. Increased penalty for transactions involving firearms with 
                            obliterated serial numbers.
Sec. 610. Forfeiture for gun trafficking.
Sec. 611. Increased penalty for firearms conspiracy.
Sec. 612. Gun convictions as predicate crimes for Armed Career Criminal 
                            Act.
Sec. 613. Serious juvenile drug trafficking offenses as Armed Career 
                            Criminal Act predicates.
Sec. 614. Forfeiture of firearms used in crimes of violence and 
                            felonies.
Sec. 615. Separate licenses for gunsmiths.
Sec. 616. Permits and background checks for purchases of explosives.
Sec. 617. Persons prohibited from receiving or possessing explosives.
   TITLE VII--PUNISHING GANG VIOLENCE AND DRUG TRAFFICKING TO MINORS

Sec. 701. Increased mandatory minimum penalties for using minors to 
                            distribute drugs.
Sec. 702. Increased mandatory minimum penalties for distributing drugs 
                            to minors.
Sec. 703. Increased mandatory minimum penalties for drug trafficking in 
                            or near a school or other protected 
                            location.
Sec. 704. Criminal street gangs.
Sec. 705. Increase in offense level for participation in crime as a 
                            gang member.
Sec. 706. Interstate and foreign travel or transportation in aid of 
                            criminal gangs.
Sec. 707. Gang-related witness intimidation and retaliation.
                       TITLE VIII--JUVENILE GANGS

Sec. 801. Solicitation or recruitment of persons in criminal street 
                            gang activity.
                        TITLE IX--MATTHEW'S LAW

Sec. 901. Short title.
Sec. 902. Enhanced penalties for crimes of violence against children 
                            under age 13.
Sec. 903. Federal Bureau of Investigation assistance available to State 
                            or local law authorities in investigating 
                            possible homicides of children under the 
                            age of 13.
                     TITLE X--DRUG DEALER LIABILITY

Sec. 1001. Federal cause of action for drug dealer liability.
  TITLE XI--LIMITATION ON RECOVERY OF ATTORNEYS FEES IN CERTAIN CASES

Sec. 1101. Limitation on recovery of attorneys fees in certain cases.
                 TITLE XII--RIGHTS TO RELIGIOUS LIBERTY

Sec. 1201. Findings.
Sec. 1202. Religious liberty rights declared.
     TITLE XIII--JUVENILE CRIME CONTROL AND DELINQUENCY PREVENTION

Sec. 1301. Short title.
 Subtitle A--Amendments to Juvenile Justice and Delinquency Prevention 
                              Act of 1974

Sec. 1302. Findings.
Sec. 1303. Purpose.
Sec. 1304. Definitions.
Sec. 1305. Name of office.
Sec. 1306. Concentration of Federal effort.
Sec. 1307. Coordinating Council on Juvenile Justice and Delinquency 
                            Prevention.
Sec. 1308. Annual report.
Sec. 1309. Allocation.
Sec. 1310. State plans.
Sec. 1311. Juvenile delinquency prevention block grant program.
Sec. 1312. Research; evaluation; technical assistance; training.
Sec. 1313. Demonstration projects.
Sec. 1314. Authorization of appropriations.
Sec. 1315. Administrative authority.
Sec. 1316. Use of funds.
Sec. 1317. Limitation on use of funds.
Sec. 1318. Rule of construction.
Sec. 1319. Leasing surplus Federal property.
Sec. 1320. Issuance of Rules.
Sec. 1321. Content of materials.
Sec. 1322. Technical and conforming amendments.
Sec. 1323. References.
      Subtitle B--Amendments to the Runaway and Homeless Youth Act

Sec. 1331. Runaway and homeless youth.
 Subtitle C--Repeal of Title V Relating to Incentive Grants for Local 
                    Delinquency Prevention Programs

Sec. 1341. Repealer.
    Subtitle D--Amendments to the Missing Children's Assistance Act

Sec. 1351. National Center for Missing and Exploited Children.
                  Subtitle E--Studies and Evaluations

Sec. 1361. Study of school violence.
Sec. 1362. Study of mental health needs of juveniles in secure and 
                            nonsecure placements in the juvenile 
                            justice system.
Sec. 1363. Evaluation by General Accounting Office.
Sec. 1364. General Accounting Office Report.
Sec. 1365. Behavioral and social science research on youth violence.
                     Subtitle F--General Provisions

Sec. 1371. Effective date; application of amendments.
               TITLE XIV--CHILDREN'S INTERNET PROTECTION

Sec. 1401. Short title.
Sec. 1402. No universal service for schools or libraries that fail to 
                            implement a filtering or blocking 
                            technology for computers with Internet 
                            access.
Sec. 1403. Federal Communications Commission to adopt rules within 4 
                            months.
                 TITLE XV--TEACHER LIABILITY PROTECTION

Sec. 1501. Short title.
Sec. 1502. Findings and purpose.
Sec. 1503. Preemption and election of State nonapplicability.
Sec. 1504. Limitation on liability for teachers.
Sec. 1505. Liability for noneconomic loss.
Sec. 1506. Definitions.
Sec. 1507. Effective date.

              TITLE I--CONSEQUENCES FOR JUVENILE OFFENDERS

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Consequences for Juvenile 
Offenders Act of 1999''.

SEC. 102. 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 is authorized to provide 
grants to States, for use by States and units of local government, and 
in certain cases directly to specially qualified units.
    ``(b) Authorized Activities.--Amounts paid to a State or a unit of 
local government under this part shall be used by the State or unit of 
local government for the purpose of strengthening the juvenile justice 
system, which includes--
            ``(1) developing, implementing, and administering graduated 
        sanctions for juvenile offenders;
            ``(2) building, expanding, renovating, or operating 
        temporary or permanent juvenile correction, detention, or 
        community corrections facilities;
            ``(3) hiring juvenile court judges, probation officers, and 
        court-appointed defenders and special advocates, and funding 
        pretrial services for juvenile offenders, to promote the 
        effective and expeditious administration of the juvenile 
        justice system;
            ``(4) hiring additional prosecutors, so that more cases 
        involving violent juvenile offenders can be prosecuted and case 
        backlogs reduced;
            ``(5) providing funding to enable prosecutors to address 
        drug, gang, and youth violence problems more effectively and 
        for technology, equipment, and training to assist prosecutors 
        in identifying and expediting the prosecution of violent 
        juvenile offenders;
            ``(6) providing funding to prosecutors for the purpose of 
        establishing and maintaining juvenile witness assistance 
        programs;
            ``(7) establishing and maintaining training programs for 
        law enforcement and other court personnel with respect to 
        preventing and controlling juvenile crime;
            ``(8) establishing juvenile gun courts for the prosecution 
        and adjudication of juvenile firearms offenders;
            ``(9) establishing drug court programs for juvenile 
        offenders that provide continuing judicial supervision over 
        juvenile offenders with substance abuse problems and the 
        integrated administration of other sanctions and services for 
        such offenders;
            ``(10) establishing and maintaining an automated system of 
        records relating to any adjudication of juveniles less than 18 
        years of age who are adjudicated delinquent for conduct that 
        would be a violent crime if committed by an adult, that--
                    ``(A) is equivalent to the system of records that 
                would be kept of adults arrested for such conduct, 
                including fingerprint records and photograph records;
                    ``(B) provides for submitting such juvenile records 
                to the Federal Bureau of Investigation in the same 
                manner as adult criminal records are so submitted;
                    ``(C) requires the retention of juvenile records 
                for a period of time that is equal to the period of 
                time for which adult criminal records are retained; and
                    ``(D) makes available, on an expedited basis, to 
                law enforcement agencies, to courts, and to school 
                officials who shall be subject to the same standards 
                and penalties that apply under Federal and State law to 
                law enforcement and juvenile justice personnel with 
                respect to handling such records and disclosing 
                information contained in such records;
            ``(11) establishing and maintaining interagency 
        information-sharing programs that enable the juvenile and 
        criminal justice system, schools, and social services agencies 
        to make more informed decisions regarding the early 
        identification, control, supervision, and treatment of 
        juveniles who repeatedly commit serious delinquent or criminal 
        acts;
            ``(12) establishing and maintaining accountability-based 
        programs designed to reduce recidivism among juveniles who are 
        referred by law enforcement personnel or agencies, and 
        accountability-based, proactive programs, including anti-gang 
        programs, developed by law enforcement agencies to combat 
        juvenile crime;
            ``(13) establishing and maintaining programs to conduct 
        risk and need assessments of juvenile offenders that facilitate 
        the effective early intervention and the provision of 
        comprehensive services, including mental health screening and 
        treatment and substance abuse testing and treatment to such 
        offenders;
            ``(14) establishing and maintaining accountability-based 
        programs that are designed to enhance school safety;
            ``(15) establishing and maintaining restorative justice 
        programs;
            ``(16) supporting 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;
            ``(17) ensuring proper State training of personnel who 
        answer and respond to telephone calls to hotlines described in 
        paragraph (16);
            ``(18) assisting in the acquisition of technology necessary 
        to enhance the effectiveness of hotlines described in paragraph 
        (16), including the utilization of Internet web-pages or 
        resources;
            ``(19) enhancing State efforts to offer appropriate 
        counseling services to individuals who call a hotline described 
        in paragraph (16) threatening to do harm to themselves or 
        others;
            ``(20) furthering State efforts to publicize the services 
        offered by the hotlines described in paragraph (16) and to 
        encourage individuals to utilize those services;
            ``(21) establishing partnerships between State educational 
        agencies and local educational agencies for the design and 
        implementation of character education and training programs 
        that reflect the values of parents, teachers, and local 
        communities, and incorporate elements of good character, 
        including honesty, citizenship, courage, justice, respect, 
        personal responsibility, and trustworthiness; and
            ``(22) implementing other activities that foster strong 
        character development in at-risk juveniles and juveniles in the 
        juvenile justice system.
    ``(c) Definition.--For purposes of this section, the term 
`restorative justice program' means a program that emphasizes the moral 
accountability of an offender toward the victim and the affected 
community, and may include community reparations boards, restitution, 
and mediation between victim and offender.

``SEC. 1802. GRANT ELIGIBILITY.

    ``(a) State Eligibility.--Except as provided in section 1803(f), to 
be eligible to receive a grant under this section, a State shall submit 
to the Attorney General an application at such time, in such form, and 
containing such assurances and information as the Attorney General may 
require by rule, including assurances that the State and any unit of 
local government to which the State provides funding under section 
1803(b), has in effect (or shall have in effect, not later than 1 year 
after the date that the State submits such application) laws, or has 
implemented (or shall implement, not later than 1 year after the date 
that the State submits such application) policies and programs, that 
provide for a system of graduated sanctions described in subsection 
(c).
    ``(b) Local Eligibility.--
            ``(1) Subgrant eligibility.--To be eligible to receive a 
        subgrant, a unit of local government, other than a specially 
        qualified unit, shall provide such assurances to the State as 
        the State shall require, that, to the maximum extent 
        applicable, the unit of local government has in effect (or 
        shall have in effect, not later than 1 year after the date that 
        the unit submits such application) laws, or has implemented (or 
        shall implement, not later than 1 year after the date that the 
        unit submits such application) policies and programs, that 
        provide for a system of graduated sanctions described in 
        subsection (c).
            ``(2) Special rule.--The requirements of paragraph (1) 
        shall apply to a specially qualified unit that receives funds 
        from the Attorney General under section 1803(e), except that 
        information that is otherwise required to be submitted to the 
        State shall be submitted to the Attorney General.
    ``(c) Graduated Sanctions.--A system of graduated sanctions, which 
may be discretionary as provided in subsection (d), shall ensure, at a 
minimum, that--
            ``(1) sanctions are imposed on a juvenile offender for each 
        delinquent offense;
            ``(2) sanctions escalate in intensity with each subsequent, 
        more serious delinquent offense;
            ``(3) there is sufficient flexibility to allow for 
        individualized sanctions and services suited to the individual 
        juvenile offender; and
            ``(4) appropriate consideration is given to public safety 
        and victims of crime.
    ``(d) Discretionary Use of Sanctions.--
            ``(1) Voluntary participation.--A State or unit of local 
        government may be eligible to receive a grant under this part 
        if--
                    ``(A) its system of graduated sanctions is 
                discretionary; and
                    ``(B) it demonstrates that it has promoted the use 
                of a system of graduated sanctions by taking steps to 
                encourage implementation of such a system by juvenile 
                courts.
            ``(2) Reporting requirement if graduated sanctions not 
        used.--
                    ``(A) Juvenile courts.--A State or unit of local 
                government in which the imposition of graduated 
                sanctions is discretionary shall require each juvenile 
                court within its jurisdiction--
                            ``(i) which has not implemented a system of 
                        graduated sanctions, to submit an annual report 
                        that explains why such court did not implement 
                        graduated sanctions; and
                            ``(ii) which has implemented a system of 
                        graduated sanctions but has not imposed 
                        graduated sanctions in one or more specific 
                        cases, to submit an annual report that explains 
                        why such court did not impose graduated 
                        sanctions in each such case.
                    ``(B) Units of local government.--Each unit of 
                local government, other than a specially qualified 
                unit, that has one or more juvenile courts that use a 
                discretionary system of graduated sanctions shall 
                collect the information reported under subparagraph (A) 
                for submission to the State each year.
                    ``(C) States.--Each State and specially qualified 
                unit that has one or more juvenile courts that use a 
                discretionary system of graduated sanctions shall 
                collect the information reported under subparagraph (A) 
                for submission to the Attorney General each year. A 
                State shall also collect and submit to the Attorney 
                General the information collected under subparagraph 
                (B).
    ``(e) Definitions.--For purposes of this section:
            ``(1) The term `discretionary' means that a system of 
        graduated sanctions is not required to be imposed by each and 
        every juvenile court in a State or unit of local government.
            ``(2) The term `sanctions' means tangible, proportional 
        consequences that hold the juvenile offender accountable for 
        the offense committed. A sanction may include counseling, 
        restitution, community service, a fine, supervised probation, 
        or confinement.

``SEC. 1803. ALLOCATION AND DISTRIBUTION OF FUNDS.

    ``(a) State Allocation.--
            ``(1) In general.--In accordance with regulations 
        promulgated pursuant to this part and except as provided in 
        paragraph (3), the Attorney General shall allocate--
                    ``(A) 0.25 percent for each State; and
                    ``(B) of the total funds remaining after the 
                allocation under subparagraph (A), to each State, an 
                amount which bears the same ratio to the amount of 
                remaining funds described in this subparagraph as the 
                population of people under the age of 18 living in such 
                State for the most recent calendar year in which such 
                data is available bears to the population of people 
                under the age of 18 of all the States for such fiscal 
                year.
            ``(2) Prohibition.--No funds allocated to a State under 
        this subsection or received by a State for distribution under 
        subsection (b) may be distributed by the Attorney General or by 
        the State involved for any program other than a program 
        contained in an approved application.
            ``(3) Increase for state reserve.--
                    ``(A) In general.--Subject to subparagraph (B), if 
                a State demonstrates and certifies to the Attorney 
                General that the State's law enforcement expenditures 
                in the fiscal year preceding the date in which an 
                application is submitted under this part is more than 
                25 percent of the aggregate amount of law enforcement 
                expenditures by the State and its eligible units of 
                local government, the percentage referred to in 
                paragraph (1)(A) shall equal the percentage determined 
                by dividing the State's law enforcement expenditures by 
                such aggregate.
                    ``(B) Law enforcement expenditures over 50 
                percent.--If the law enforcement expenditures of a 
                State exceed 50 percent of the aggregate amount 
                described in subparagraph (A), the Attorney General 
                shall consult with as many units of local government in 
                such State as practicable regarding the State's 
                proposed uses of funds.
    ``(b) Local Distribution.--
            ``(1) In general.--Except as provided in subsection (a)(3), 
        each State which receives funds under subsection (a)(1) in a 
        fiscal year shall distribute not less than 75 percent of such 
        amounts received among units of local government, for the 
        purposes specified in section 1801. In making such distribution 
        the State shall allocate to such units of local government an 
        amount which bears the same ratio to the aggregate amount of 
        such funds as--
                    ``(A) the sum of--
                            ``(i) the product of--
                                    ``(I) three-quarters; multiplied by
                                    ``(II) the average law enforcement 
                                expenditure for such unit of local 
                                government for the three most recent 
                                calendar years for which such data is 
                                available; plus
                            ``(ii) the product of--
                                    ``(I) one-quarter; multiplied by
                                    ``(II) the average annual number of 
                                part 1 violent crimes in such unit of 
                                local government for the three most 
                                recent calendar years for which such 
                                data is available, bears to--
                    ``(B) the sum of the products determined under 
                subparagraph (A) for all such units of local government 
                in the State.
            ``(2) 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.
            ``(3) 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.
    ``(c) 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 expenditures for a unit of local government 
is insufficient or inaccurate, the State shall--
            ``(1) investigate the methodology used by the unit to 
        determine the accuracy of the submitted data; and
            ``(2) if necessary, use the best available comparable data 
        regarding the number of violent crimes or law enforcement 
        expenditures for the relevant years for the unit of local 
        government.
    ``(d) 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 allotted 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.
    ``(e) Direct Grants to Specially Qualified Units.--
            ``(1) In general.--If a State does not qualify or apply for 
        funds reserved for allocation under subsection (a) by the 
        application deadline established by the Attorney General, the 
        Attorney General shall reserve not more than 75 percent of the 
        allocation that the State would have received under subsection 
        (a) for such fiscal year to provide grants to specially 
        qualified units which meet the requirements for funding under 
        section 1802.
            ``(2) Award basis.--In addition to the qualification 
        requirements for direct grants for specially qualified units 
        the Attorney General may use the average amount allocated by 
        the States to units of local government as a basis for awarding 
        grants under this section.
            ``(f) Special Rules.--
            ``(1) In general.--The funds available under this part for 
        a State shall be reduced by 10 percent and redistributed under 
        paragraph (2) unless the State has in effect throughout the 
        State a law which suspends the driver's license of a juvenile 
        until 21 years of age if such juvenile illegally possess a 
        firearm or uses a firearm in the commission of a crime or an 
        act of juvenile delinquency.
            ``(2) Redistribution.--Any funds available for 
        redistribution shall be redistributed to participating States 
        that have in effect a law referred to in paragraph (1).
            ``(3) Compliance.--The Attorney General shall issue 
        regulations to ensure compliance with the requirements of 
        paragraph (1).''.

``SEC. 1804. REGULATIONS.

    ``(a) In General.--The Attorney General shall issue regulations 
establishing procedures under which a State or unit of local government 
that receives funds under section 1803 is required to provide notice to 
the Attorney General regarding the proposed use of funds made available 
under this part.
    ``(b) Advisory Board.--The regulations referred to in subsection 
(a) shall include a requirement that such eligible State or unit of 
local government establish and convene an advisory board to review the 
proposed uses of such funds. The board shall include representation 
from, if appropriate--
            ``(1) the State or local police department;
            ``(2) the local sheriff's department;
            ``(3) the State or local prosecutor's office;
            ``(4) the State or local juvenile court;
            ``(5) the State or local probation officer;
            ``(6) the State or local educational agency;
            ``(7) a State or local social service agency; and
            ``(8) a nonprofit, religious, or community group.

``SEC. 1805. PAYMENT REQUIREMENTS.

    ``(a) Timing of Payments.--The Attorney General shall pay to each 
State or unit of local government that receives funds under section 
1803 that has submitted an application under this part not later than--
            ``(1) 90 days after the date that the amount is available; 
        or
            ``(2) the first day of the payment period if the State has 
        provided the Attorney General with the assurances required by 
        subsection (c),
whichever is later.
    ``(b) Repayment of Unexpended Amounts.--
            ``(1) Repayment required.--From amounts awarded under this 
        part, a State or specially qualified unit shall repay to the 
        Attorney General, or a unit of local government shall repay to 
        the State by not later than 27 months after receipt of funds 
        from the Attorney General, any amount that is not expended by 
        the State within 2 years after receipt of such funds from the 
        Attorney General.
            ``(2) Penalty for failure to repay.--If the amount required 
        to be repaid is not repaid, the Attorney General shall reduce 
        payment in future payment periods accordingly.
            ``(3) Deposit of amounts repaid.--Amounts received by the 
        Attorney General as repayments under this subsection shall be 
        deposited in a designated fund for future payments to States 
        and specially qualified units.
    ``(c) Administrative Costs.--A State or unit of local government 
that receives funds under this part may use not more than 5 percent of 
such funds to pay for administrative costs.
    ``(d) Nonsupplanting Requirement.--Funds made available under this 
part to States and units of local government shall not be used to 
supplant State or local funds as the case may be, but shall be used to 
increase the amount of funds that would, in the absence of funds made 
available under this part, be made available from State or local 
sources, as the case may be.
    ``(e) Matching Funds.--The Federal share of a grant received under 
this part may not exceed 90 percent of the costs of a program or 
proposal funded under this part.

``SEC. 1806. UTILIZATION OF PRIVATE SECTOR.

    ``Funds or a portion of funds allocated under this part may be used 
by a State or unit of local government that receives a grant under this 
part to contract with private, nonprofit entities, or community-based 
organizations to carry out the purposes specified under section 
1801(b).

``SEC. 1807. ADMINISTRATIVE PROVISIONS.

    ``(a) In General.--A State or specially qualified unit that 
receives funds under this part shall--
            ``(1) establish a trust fund in which the government will 
        deposit all payments received under this part;
            ``(2) use amounts in the trust fund (including interest) 
        during a period not to exceed 2 years from the date the first 
        grant payment is made to the State or specially qualified unit;
            ``(3) designate an official of the State or specially 
        qualified unit to submit reports as the Attorney General 
        reasonably requires, in addition to the annual reports required 
        under this part; and
            ``(4) spend the funds only for the purposes under section 
        1801(b).
    ``(b) Title I Provisions.--Except as otherwise provided, the 
administrative provisions of part H shall apply to this part and for 
purposes of this section any reference in such provisions to title I 
shall be deemed to include a reference to this part.

``SEC. 1808. DEFINITIONS.

    ``For purposes of this part:
            ``(1) The term `unit of local government' means--
                    ``(A) a county, township, city, or political 
                subdivision of a county, township, or city, that is a 
                unit of local government as determined by the Secretary 
                of Commerce for general statistical purposes; and
                    ``(B) the District of Columbia and the recognized 
                governing body of an Indian tribe or Alaskan Native 
                village that carries out substantial governmental 
                duties and powers.
            ``(2) The term `specially qualified unit' means a unit of 
        local government which may receive funds under this part only 
        in accordance with section 1803(e).
            ``(3) The term `State' means any State of the United 
        States, the District of Columbia, the Commonwealth of Puerto 
        Rico, the Virgin Islands, American Samoa, Guam, and the 
        Northern Mariana Islands, except that American Samoa, Guam, and 
        the Northern Mariana Islands shall be considered as one State 
        and that, for purposes of section 1803(a), 33 percent of the 
        amounts allocated shall be allocated to American Samoa, 50 
        percent to Guam, and 17 percent to the Northern Mariana 
        Islands.
            ``(4) The term `juvenile' means an individual who is 17 
        years of age or younger.
            ``(5) The term `law enforcement expenditures' means the 
        expenditures associated with prosecutorial, legal, and judicial 
        services, and corrections as reported to the Bureau of the 
        Census for the fiscal year preceding the fiscal year for which 
        a determination is made under this part.
            ``(6) The term `part 1 violent crimes' means murder and 
        nonnegligent manslaughter, forcible rape, robbery, and 
        aggravated assault as reported to the Federal Bureau of 
        Investigation for purposes of the Uniform Crime Reports.

``SEC. 1809. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this part--
            ``(1) $500,000,000 for fiscal year 2000;
            ``(2) $500,000,000 for fiscal year 2001; and
            ``(3) $500,000,000 for fiscal year 2002.
    ``(b) Oversight Accountability and Administration.--Not more than 3 
percent of the amount authorized to be appropriated under subsection 
(a), with such amounts to remain available until expended, for each of 
the fiscal years 2000 through 2002 shall be available to the Attorney 
General for evaluation and research regarding the overall effectiveness 
and efficiency of the provisions of this part, assuring compliance with 
the provisions of this part, and for administrative costs to carry out 
the purposes of this part. The Attorney General shall establish and 
execute an oversight plan for monitoring the activities of grant 
recipients.
    ``(c) Funding Source.--Appropriations for activities authorized in 
this part may be made from the Violent Crime Reduction Trust Fund.''.
    (b) Clerical Amendments.--
            (1) Authorization of appropriations.--Section 1001(a)(16) 
        of the Omnibus Crime Control and Safe Streets Act of 1965 is 
        amended by striking subparagraph (E).
            (2) Table of contents.--The table of contents of title I of 
        the Omnibus Crime Control and Safe Streets Act of 1968 is 
        amended by striking the item relating to part R and inserting 
        the following:

             ``Part R--Juvenile Accountability Block Grants

``Sec. 1801. Program authorized.
``Sec. 1802. Grant eligibility.
``Sec. 1803. Allocation and distribution of funds.
``Sec. 1804. Regulations.
``Sec. 1805. Payment requirements.
``Sec. 1806. Utilization of private sector.
``Sec. 1807. Administrative provisions.
``Sec. 1808. Definitions.
``Sec. 1809. Authorization of appropriations.''.

SEC. 103. 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 one 
                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 one 
                or more of those offenses in more than one 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 one 
        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. 104. MANDATORY LIFE IMPRISONMENT FOR REPEAT SEX OFFENDERS AGAINST 
              CHILDREN.

    (a) Amendment of Title 18, United States Code.--Section 3559 of 
title 18, United States Code, is amended by adding at the end the 
following new subsection:
    ``(e) Mandatory Life Imprisonment for Repeated Sex Offenses Against 
Children.--
            ``(1) In general.--A person who is convicted of a Federal 
        sex offense in which a minor is the victim shall be sentenced 
        to life imprisonment if the person has a prior sex conviction 
        in which a minor was the victim, unless the sentence of death 
        is imposed.
            ``(2) Definitions.--For the purposes of this subsection--
                    ``(A) the term `Federal sex offense' means an 
                offense under section 2241 (relating to aggravated 
                sexual abuse), 2242 (relating to sexual abuse), 2243 
                (relating to sexual abuse of a minor or ward), 2244 
                (relating to abusive sexual contact), 2245 (relating to 
                sexual abuse resulting in death), or 2251A (relating to 
                selling or buying of children), or an offense under 
                section 2423 (relating to transportation of minors) 
                involving the transportation of, or the engagement in a 
                sexual act with, an individual who has not attained 16 
                years of age;
                    ``(B) the term `prior sex conviction' means a 
                conviction for which the sentence was imposed before 
                the conduct occurred forming the basis for the 
                subsequent Federal sex offense, and which was for 
                either--
                            ``(i) a Federal sex offense; or
                            ``(ii) an offense under State law 
                        consisting of conduct that would have been a 
                        Federal sex offense if, to the extent or in the 
                        manner specified in the applicable provision of 
                        title 18, United States Code--
                                    ``(I) the offense involved 
                                interstate or foreign commerce, or the 
                                use of the mails; or
                                    ``(II) the conduct occurred in any 
                                commonwealth, territory, or possession 
                                of the United States, within the 
                                special maritime and territorial 
                                jurisdiction of the United States, in a 
                                Federal prison, on any land or building 
                                owned by, leased to, or otherwise used 
                                by or under the control of the 
                                Government of the United States, or in 
                                the Indian country as defined in 
                                section 1151;
                    ``(C) the term `minor' means any person under the 
                age of 18 years; and
                    ``(D) the term `State' means a State of the United 
                States, the District of Columbia, and any commonwealth, 
                territory, or possession of the United States.''.
    (b) Title 18 Conforming and Technical Amendments.--
            (1) Section 2247.--Section 2247 of title 18, United States 
        Code, is amended by inserting ``, unless section 3559(e) 
        applies'' before the final period.
            (2) Section 2426.--Section 2426 of title 18, United States 
        Code, is amended by inserting ``, unless section 3559(e) 
        applies'' before the final period.
            (3) Technical Amendments.--Sections 2252(c)(1) and 
        2252A(d)(1) of title 18, United States Code, are each amended 
        by striking ``less than three'' and inserting ``fewer than 3''.

SEC. 105. INCREASE OF AGE RELATING TO TRANSFER OF OBSCENE MATERIAL.

    Section 1470 of title 18, United States Code, is amended by 
striking ``16'' each place it appears and inserting ``18''.

SEC. 106. CHILD HOSTAGE-TAKING TO EVADE ARREST OR OBSTRUCT JUSTICE.

    (a) In General.--Chapter 55 of title 18, United States Code, is 
amended by adding at the end the following new section:
``Sec. 1205. Child hostage-taking to evade arrest or obstruct justice
    ``(a) In General.--Whoever uses force or threatens to use force 
against any officer or agency of the Federal Government, and seizes or 
detains, or continues to detain, a child in order to--
            ``(1) obstruct, resist, or oppose any officer of the United 
        States, or other person duly authorized, in serving, or 
        attempting to serve or execute, any legal or judicial writ, 
        process, or warrant of any court of the United States; or
            ``(2) compel any department or agency of the Federal 
        Government to do or to abstain from doing any act,
or attempts to do so, shall be punished in accordance with subsection 
(b).
    ``(b) Sentencing.--Any person who violates subsection (a)--
            ``(1) shall be imprisoned not less than 10 years and not 
        more than 25 years;
            ``(2) if injury results to the child as a result of the 
        violation, shall be imprisoned not less than 20 years and not 
        more than 35 years; and
            ``(3) if death results to the child as a result of the 
        violation, shall be subject to the penalty of death or be 
        imprisoned for life.
    ``(c) Definition.--For purposes of this section, the term `child' 
means an individual who has not attained the age of 18 years.''.
    (b) Clerical Amendment.--The table of sections for chapter 55 of 
title 18, United States Code, is amended by adding at the end the 
following new item:

``1205. Child hostage-taking to evade arrest or obstruct justice.''.

SEC. 107. PROHIBITION ON TRANSFERRING TO JUVENILE A FIREARM THAT THE 
              TRANSFEROR KNOWS OR HAS REASON TO BELIEVE WILL BE USED IN 
              A SCHOOL ZONE OR IN A SERIOUS VIOLENT FELONY.

    (a) Prohibition.--Section 922 of title 18, United States Code, is 
amended by inserting after subsection (y) the following:
    ``(z)(1) It shall be unlawful for a person to sell, deliver, or 
otherwise transfer any firearm to a person who the transferor knows or 
has reasonable cause to believe is a juvenile, and knowing or having 
reasonable cause to believe that the juvenile intends to possess, 
discharge, or otherwise use the firearm in a school zone.
    ``(2) It shall be unlawful for a person to sell, deliver, or 
otherwise transfer any firearm to a person who the transferor knows or 
has reasonable cause to believe is a juvenile, and knowing or having 
reasonable cause to believe that the juvenile intends to possess, 
discharge, or otherwise use the firearm in the commission of a serious 
violent felony.
    ``(3) For purposes of this subsection, the term `juvenile' means an 
individual who has not attained 18 years of age.''.
    (b) Penalties.--Section 924(a) of such title is amended by adding 
at the end the following:
    ``(7)(A) A person, other than a juvenile, who violates section 
922(z)(1) shall be fined under this title, imprisoned as provided in 
section 924(a)(6)(B)(ii), or both.
    ``(B) A person, other than a juvenile, who violates section 
922(z)(2) shall be fined under this title, imprisoned as provided in 
section 924(a)(6)(B)(iii), or both.''.

SEC. 108. 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) three additional district judges for the district of 
        Arizona;
            (2) four additional district judges for the middle district 
        of Florida; and
            (3) two additional district judges for the district of 
        Nevada.
    (c) Tables.--In order that the table contained in section 133 of 
title 28, United States Code, will reflect the changes in the total 
number of permanent district judgeships authorized as a result of 
subsection (a) of this section--
            (1) the item relating to Arizona in such table is amended 
        to read as follows:

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

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

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

SEC. 109. YOUTH CRIME GUN INTERDICTION INITIATIVE (YCGII).

    (a) In General.--The Secretary of the Treasury shall expand--
            (1) to 75 the number of city and county law enforcement 
        agencies that through the Youth Crime Gun Interdiction 
        Initiative (referred to in this section as YCGII) submit 
        identifying information relating to all firearms recovered 
        during law enforcement investigations, including from 
        individuals under 25, to the Secretary of the Treasury to 
        identify the types and origins of such firearms; and
            (2) the resources devoted to law enforcement investigations 
        of illegal youth possessors and users and of illegal firearms 
        traffickers identified through YCGII, including through the 
        hiring of additional agents, inspectors, intelligence analysts, 
        and support personnel.
    (b) Selection of Participants.--The Secretary of the Treasury, in 
consultation with Federal, State, and local law enforcement officials, 
shall select cities and counties for participation in the program under 
this section.
    (c) Establishment of System.--The Secretary of the Treasury shall 
establish a system through which State and local law enforcement 
agencies, through online computer technology, can promptly provide 
firearms-related information to the Secretary of the Treasury and 
access information derived through YCGII as soon as such capability is 
available. Not later than 6 months after the date of the enactment of 
this Act, the Secretary shall submit to the Chairman and ranking Member 
of the Committees on Appropriations of the House of Representatives and 
the Senate, a report explaining the capacity to provide such online 
access and the future technical and, if necessary, legal changes 
required to make such capability available, including cost estimates.
    (d) Report.--Not later than 1 year after the date of the enactment 
of this section, and annually thereafter, the Secretary of the Treasury 
shall submit to the Chairman and ranking Member of the Committees on 
Appropriations of the House of Representatives and the Senate a report 
regarding the types and sources of firearms recovered from individuals, 
including those under the age of 25; regional, State, and national 
firearms trafficking trends; and the number of investigations and 
arrests resulting from YCGII.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated to the Department of the Treasury to carry out this 
section $50,000,000 for fiscal year 2000 and such sums as may be 
necessary for fiscal years 2001 through 2004.

SEC. 110. LIMITATION ON PRISONER RELEASE ORDERS.

    (a) In General.--Chapter 99 of title 28, United States Code, is 
amended by adding at the end the following new section:
``Sec. 1632. Limitation on prisoner release orders
    ``(a) Limitation.--Notwithstanding section 3626(a)(3) of title 18 
or any other provision of law, in a civil action with respect to prison 
conditions, no court of the United States or other court listed in 
section 610 shall have jurisdiction to enter or carry out any prisoner 
release order that would result in the release from or nonadmission to 
a prison, on the basis of prison conditions, of any person subject to 
incarceration, detention, or admission to a facility because of a 
conviction of a felony under the laws of the relevant jurisdiction, or 
a violation of the terms or conditions of parole, probation, pretrial 
release, or a diversionary program, relating to the commission of a 
felony under the laws of the relevant jurisdiction.
    ``(b) Definitions.--As used in this section--
            ``(1) the terms `civil action with respect to prison 
        conditions', `prisoner', `prisoner release order', and `prison' 
        have the meanings given those terms in section 3626(g) of title 
        18; and
            ``(2) the term `prison conditions' means conditions of 
        confinement or the effects of actions by government officials 
        on the lives of persons confined in prison.
    (b) Conforming Amendment.--The table of sections for chapter 99 of 
title 28, United States Code, is amended by adding at the end the 
following new item:

``1632. Limitation on prisoner release orders.''.
    (c) Consent Decrees.--
            (1) Termination of existing consent decrees.--Any consent 
        decree that was entered into before the date of the enactment 
        of the Prison Litigation Reform Act of 1995, that is in effect 
        on the day before the date of the enactment of this Act, and 
        that provides for remedies relating to prison conditions shall 
        cease to be effective on the date of the enactment of this Act.
            (2) Definitions.--As used in this subsection--
                    (A) the term ``consent decree'' has the meaning 
                given that term in section 3626(g) of title 18, United 
                States Code; and
                    (B) the term ``prison conditions'' has the meaning 
                given that term in section 1632(c) of title 28, United 
                States Code, as added by subsection (a) of this 
                section.

SEC. 111. FINDINGS.

    The Congress finds that--
            (1) more than 40,000 laws regulating the sale, possession, 
        and use of firearms currently exist at the Federal, State, and 
        local level;
            (2) there have been an extremely low number of prosecutions 
        for Federal firearms violations;
            (3) programs such a Project Exile have succeeded in 
        dramatically decreasing homicide and gun-related crimes; and
            (4) enhanced punishment and aggressive prosecution for 
        crimes committed with firearms, or possessing a firearm during 
        commission of a crime, are common sense solutions to deter gun 
        violence.

SEC. 112. 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 which includes religious symbols, motifs, or sayings 
that is placed 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.
    (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 fee and costs, 
        notwithstanding any other provision of law; and
            (2) the Attorney General is authorized to provide legal 
        assistance to the school district or other government entity 
        that is defending the legality of such memorial service.

SEC. 113. SENSE OF THE CONGRESS WITH REGARD TO VIOLENCE AND THE 
              ENTERTAINMENT INDUSTRY.

    (a) Findings.--Congress makes the following findings:
            (1) Incidents of tragic school violence have risen over the 
        past few years.
            (2) Our children are being desensitized by the increase of 
        gun violence shown on television, movies, and video games.
            (3) According to the American Medical Association, by the 
        time an average child reaches age 18, he or she has witnessed 
        more than 200,000 acts of violence on television, including 
        16,000 murders.
            (4) Children who listen to explicit music lyrics, play 
        video ``killing'' games, or go to violent action movies get 
        further brainwashed into thinking that violence is socially 
        acceptable and without consequence.
            (5) No industry does more to glorify gun violence than some 
        elements of the motion picture industry.
            (6) Children are particularly susceptible to the influence 
        of violent subject matter.
            (7) The entertainment industry uses wanton violence in its 
        advertising campaigns directed at young people.
            (8) Alternatives should be developed and considered to 
        discourage the exposure of children to violent subject matter.
    (b) Sense of the Congress.--It is the sense of the Congress that 
the entertainment industry--
            (1) has been irresponsible in the development of its 
        products and the marketing of those products to America's 
        youth;
            (2) must recognize the power and influence it has over the 
        behavior of our Nation's youth; and
            (3) must do everything in its power to stop these 
        portrayals of pointless acts of brutality by immediately 
        eliminating gratuitous violence in movies, television, music, 
        and video games.

SEC. 114. RELIGIOUS NONDISCRIMINATION.

    The Juvenile Justice and Delinquency Prevention Act of 1974 (42 
U.S.C. 5601 et seq.) is amended by inserting before title III the 
following:

                     ``religious nondiscrimination

    ``Sec. 299J. (a) A governmental entity that receives a grant under 
this title and that is authorized by this title to carry out the 
purpose for which such grant is made through contracts with, or grants 
to, nongovernmental entities may use such grant to carry out such 
purpose through contracts with or grants to religious organizations.
    ``(b) For purposes of subsection (a), subsections (b) through (k) 
of section 104 of the Personal Responsibility and Work Opportunity 
Reconciliation Act of 1996 (42 U.S.C. 604a) shall apply with respect to 
the use of a grant received by such entity under this title in the same 
manner as such subsections apply to States with respect to a program 
described in section 104(a)(2)(A) of such Act.''.

SEC. 115. 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 
minors, including in media outlets in which minors comprise a 
substantial percentage of the audience.
    (c) Report.--Not later than 1 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. 116. SURGEON GENERAL REVIEW OF EFFECT ON JUVENILES OF VIOLENCE IN 
              MEDIA.

    (a) Findings.--The Congress finds the following:
            (1) the tragic killings at a high school in Colorado remind 
        us that violence in America continues to occur at unacceptable 
        levels for a civilized society;
            (2) the relationship of violent messages delivered through 
        such popular media as television, radio, film, recordings, 
        video games, advertising, the Internet, and other outlets of 
        mass culture, to self-destructive or violent behavior by 
        children or young adults towards themselves, such as suicide, 
        or to violence directed at others, has been studied intensely 
        both by segments of the media industry itself and by academic 
        institutions;
            (3) the same media used to deliver messages which harm our 
        children can also be used to deliver messages which promote 
        positive behavior;
            (4) much of this research has occurred in the 17 years 
        since the last major review and report of the literature was 
        assembled by the National Institute on Mental Health published 
        in 1982;
            (5) the Surgeon General of the United States last issued a 
        comprehensive report on violence and the media in 1972; and
            (6) the number, pervasiveness, and sophistication of 
        technological avenues for delivering messages through the media 
        to young people has expanded rapidly since these two reports.
    (b) Comprehensive Review Required.--The Surgeon General, in 
cooperation with the National Institute of Mental Health, and such 
other sources of expertise as the Surgeon General deems appropriate, 
shall undertake a comprehensive review of published research, analysis, 
studies, and other sources of reliable information concerning the 
impact on the health and welfare of children and young adults of 
violent messages delivered through such popular media as television, 
radio, recordings, video games, advertising, the Internet, and other 
outlets of mass culture.
    (c) Report.--The Surgeon General shall issue a report based on the 
review required by subsection (b). Such report shall include, but not 
be limited to, findings and recommendations concerning what can be done 
to mitigate any harmful affects on children and young adults from the 
violent messages described in such subsection, and the identification 
of gaps in the research that should be filled.
    (d) Deadlines.--The review required by subsection (b) shall be 
completed in no more than 1 year, and the report required by subsection 
(c) shall be issued no later than 6 months following completion of the 
review.

SEC. 117. AMENDMENTS TO JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT 
              OF 1974.

    Section 223(a)(10) of the Juvenile Justice and Delinquency 
Prevention Act of 1974 (42 U.S.C. 5633(a)(10)) is amended--
            (1) in subparagraph (N) by striking ``and'' at the end;
            (2) in subparagraph (O) by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(P) programs that provide for improved security 
                at schools and on school grounds, including the 
                placement and use of metal detectors and other 
                deterrent measures; and
                    ``(Q)(i) 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; or
                    ``(ii) programs to promote or develop partnerships 
                with established mentoring programs, including programs 
                operated by nonprofit, faith-based, business, or 
                community organizations to provide positive adult role 
                models and meaningful activities for juveniles 
                offenders, including violent juvenile offenders.''.

SEC. 118. 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) by redesignating paragraph (10) as paragraph (11); and
            (2) by inserting after paragraph (9) the following:
            ``(10) Discipline with regard to weapons.--
                    ``(A) Authority of school personnel.--
                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 
                weapon 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. Such personnel may modify the disciplinary 
                action on a case-by-case basis.
                    ``(B) Rule of construction.--Nothing in 
                subparagraph (A) shall be construed to prevent a child 
                with a disability who is disciplined pursuant to the 
                authority provided under subparagraph (A) from 
                asserting a defense that the carrying or possession of 
                the weapon was unintentional or innocent.
                    ``(C) 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 continue 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.
                    ``(D) 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.''.
    (b) Conforming Amendments.--(1) 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''.
    (2) Section 615(k)(1)(A)(ii) of the Individuals with Disabilities 
Education Act (20 U.S.C. 1415(k)(1)(A)(ii)) is amended by striking 
``but for not more than 45 days if--'' and all that follows through 
``(II) the child knowingly possesses or uses illegal drugs'' and 
inserting ``but for not more than 45 days if the child knowingly 
possesses or uses illegal drugs''.

SEC. 119. EVALUATION BY GENERAL ACCOUNTING OFFICE.

    (a) Evaluation.--Not later than October 1, 2002, the Comptroller 
General of the United States shall conduct a comprehensive analysis and 
evaluation regarding the performance of the Office of Juvenile Justice 
Delinquency and Prevention, its functions, its programs, and its grants 
under specified criteria, and shall submit the report required by 
subsection (b). In conducting the analysis and evaluation, the 
Comptroller General shall take into consideration the following factors 
to document the efficiency and public benefit of the Juvenile Justice 
and Delinquency Prevention Act of 1974 (42 U.S.C. 5601 et seq.), 
excluding the Runaway and Homeless Youth Act (42 U.S.C. 5701 et seq.) 
and the Missing Children's Assistance Act (42 U.S.C. 5771 et seq.):
            (1) The outcome and results of the programs carried out by 
        the Office of Juvenile Justice and Delinquency Prevention and 
        those administered -through grants by Office of Juvenile 
        Justice and Delinquency Prevention.
            (2) The extent to which the agency has complied with the 
        provisions contained in the Government Performance and Results 
        Act of 1993 (Public Law 103-62; 107 Stat. 285).
            (3) The extent to which the jurisdiction of, and the 
        programs administered by, the agency duplicate or conflict with 
        the jurisdiction and programs of other agencies.
            (4) The potential benefits of consolidating programs 
        administered by the agency with similar or duplicative programs 
        of other agencies, and the potential for consolidating such 
        programs.
            (5) Whether the agency has acted outside the scope of its 
        original authority, and whether the original objectives of the 
        agency have been achieved.
            (6) Whether less restrictive or alternative methods exists 
        to carry out the functions of the agency. Whether present 
        functions or operations are impeded or enhanced by existing, 
        statutes, rules, and procedures.
            (7) The number and types of beneficiaries or persons served 
        by programs carried out under the Act.
            (8) The extent to which any trends or emerging conditions 
        that are likely to affect the future nature and the extent of 
        the problems or needs the programs carried out by the Act are 
        intended to address.
            (9) The manner with which the agency seeks public input and 
        input from State and local governments on the performance of 
        the functions of the agency.
            (10) Whether the agency has worked to enact changes in the 
        law intended to benefit the public as a whole rather than the 
        specific businesses, institutions, or individuals the agency 
        regulates or funds.
            (11) The extent to which the agency grants have encouraged 
        participation by the public as a whole in making its rules and 
        decisions rather than encouraging participation solely by those 
        it regulates.
            (12) The extent to which the agency complies with section 
        552 of title 5, United States Code (commonly known as the 
        ``Freedom of Information Act'').
            (13) The impact of any regulatory, privacy, and paperwork 
        concerns resulting from the programs carried out by the agency.
            (14) The extent to which the agency has coordinated with 
        state and local governments in performing the functions of the 
        agency.
            (15) Whether greater oversight is needed of programs 
        developed with grants made by the Office of Juvenile Justice 
        and Delinquency Prevention.
            (16) The extent to which changes are necessary in the 
        authorizing statutes of the agency in order that the functions 
        of the agency can be performed in a more efficient and 
        effective manner.
    (b) Report.--The report required by subsection (a) shall--
            (1) include recommendations for legislative changes, as 
        appropriate, based on the evaluation conducted under subsection 
        (a), to be made to the Juvenile Justice and Delinquency 
        Prevention Act of 1974 (42 U.S.C. 5601 et seq.), excluding the 
        Runaway and Homeless Youth Act (42 U.S.C. 5701 et seq.) and the 
        Missing Children's Assistance Act (42 U.S.C. 5771 et seq.); and
            (2) shall be submitted, together with supporting materials, 
        to the Speaker of the House of Representatives and the 
        President pro tempore of the Senate, and made available to the 
        public, not later than October 1, 2003.

SEC. 120. CONTINGENT WIND-DOWN AND REPEAL OF JUVENILE JUSTICE AND 
              DELINQUENCY PREVENTION ACT OF 1974.

    If funds are not authorized before October 1, 2004, to be 
appropriated to carry out title II of the Juvenile Justice and 
Delinquency Prevention Act of 1974 (42 U.S.C. 5611-5676) for fiscal 
year 2005, then--
            (1) effective October 1, 2004--
                    (A) sections 205, 206, and 299; and
                    (B) parts B, C, D, E, F, G, H, and I,
        of the Juvenile Justice and Delinquency Prevention Act of 1974 
        are repealed; and
            (2) effective October 1, 2005--
                    (A) the first section; and
                    (B) titles I and II,
        of the Juvenile Justice and Delinquency Prevention Act of 1974 
        are repealed.

                   TITLE II--JUVENILE JUSTICE REFORM

SEC. 201. DELINQUENCY PROCEEDINGS OR CRIMINAL PROSECUTIONS IN DISTRICT 
              COURTS.

    Section 5032 of title 18, United States Code, is amended to read as 
follows:
``Sec. 5032. Delinquency proceedings or criminal prosecutions in 
              district courts
    ``(a)(1) A juvenile alleged to have committed an offense against 
the United States or an act of juvenile delinquency may be surrendered 
to State or Indian tribal authorities, but if not so surrendered, shall 
be proceeded against as a juvenile under this subsection or tried as an 
adult in the circumstances described in subsections (b) and (c).
    ``(2) A juvenile may be proceeded against as a juvenile in a court 
of the United States under this subsection if--
            ``(A) the alleged offense or act of juvenile delinquency is 
        committed within the special maritime and territorial 
        jurisdiction of the United States and is one for which the 
        maximum authorized term of imprisonment does not exceed 6 
        months; or
            ``(B) the Attorney General, after investigation, certifies 
        to the appropriate United States district court that--
                    ``(i) the juvenile court or other appropriate court 
                of a State or Indian tribe does not have jurisdiction 
                or declines to assume jurisdiction over the juvenile 
                with respect to the alleged act of juvenile 
                delinquency; or
                    ``(ii) there is a substantial Federal interest in 
                the case or the offense to warrant the exercise of 
                Federal jurisdiction.
    ``(3) If the Attorney General does not so certify or does not have 
authority to try such juvenile as an adult, such juvenile shall be 
surrendered to the appropriate legal authorities of such State or 
tribe.
    ``(4) If a juvenile alleged to have committed an act of juvenile 
delinquency is proceeded against as a juvenile under this section, any 
proceedings against the juvenile shall be in an appropriate district 
court of the United States. For such purposes, the court may be 
convened at any time and place within the district, and shall be open 
to the public, except that the court may exclude all or some members of 
the public, other than a victim unless the victim is a witness in the 
determination of guilt or innocence, if required by the interests of 
justice or if other good cause is shown. The Attorney General shall 
proceed by information or as authorized by section 3401(g) of this 
title, and no criminal prosecution shall be instituted except as 
provided in this chapter.
    ``(b)(1) Except as provided in paragraph (2), a juvenile shall be 
prosecuted as an adult--
            ``(A) if the juvenile has requested in writing upon advice 
        of counsel to be prosecuted as an adult; or
            ``(B) if the juvenile is alleged to have committed an act 
        after the juvenile attains the age of 14 years which if 
        committed by an adult would be a serious violent felony or a 
        serious drug offense described in section 3559(c) of this 
        title, or a conspiracy or attempt to commit that felony or 
        offense, which is punishable under section 406 of the 
        Controlled Substances Act (21 U.S.C. 846), or section 1013 of 
        the Controlled Substances Import and Export Act (21 U.S.C. 
        963).
    ``(2) The requirements of paragraph (1) do not apply if the 
Attorney General certifies to the appropriate United States district 
court that the interests of public safety are best served by proceeding 
against the juvenile as a juvenile.
    ``(c)(1) A juvenile may also be prosecuted as an adult if the 
juvenile is alleged to have committed an act after the juvenile has 
attained the age of 13 years which if committed by a juvenile after the 
juvenile attained the age of 14 years would require that the juvenile 
be prosecuted as an adult under subsection (b), upon approval of the 
Attorney General.
    ``(2) The Attorney General shall not delegate the authority to give 
the approval required under paragraph (1) to an officer or employee of 
the Department of Justice at a level lower than a Deputy Assistant 
Attorney General.
    ``(3) Such approval shall not be granted, with respect to a 
juvenile who has not attained the age of 14 and who is subject to the 
criminal jurisdiction of an Indian tribal government and who is alleged 
to have committed an act over which, if committed by an adult, there 
would be Federal jurisdiction based solely on its commission in Indian 
country (as defined in section 1151), unless the governing body of the 
tribe having jurisdiction over the place in which the alleged act was 
committed has before such act notified the Attorney General in writing 
of its election that prosecution may take place under this subsection.
    ``(4) A juvenile may also be prosecuted as an adult if the juvenile 
is alleged to have committed an act which is not described in 
subsection (b)(1)(B) after the juvenile has attained the age of 14 
years and which if committed by an adult would be--
                    ``(A) a crime of violence (as defined in section 
                3156(a)(4)) that is a felony;
                    ``(B) an offense described in section 844(d), (k), 
                or (l), or subsection (a)(4) or (6), (b), (g), (h), 
                (j), (k), or (l) of section 924;
                    ``(C) a violation of section 922(o) that is an 
                offense under section 924(a)(2);
                    ``(D) a violation of section 5861 of the Internal 
                Revenue Code of 1986 that is an offense under section 
                5871 of such Code (26 U.S.C. 5871);
                    ``(E) a conspiracy to commit an offense described 
                in any of subparagraphs (A) through (D); or
                    ``(F) an offense described in section 401 or 408 of 
                the Controlled Substances Act (21 U.S.C. 841, 848) or a 
                conspiracy or attempt to commit that offense which is 
                punishable under section 406 of the Controlled 
                Substances Act (21 U.S.C. 846), or an offense 
                punishable under section 409 or 419 of the Controlled 
                Substances Act (21 U.S.C. 849, 860), or an offense 
                described in section 1002, 1003, 1005, or 1009 of the 
                Controlled Substances Import and Export Act (21 U.S.C. 
                952, 953, 955, or 959), or a conspiracy or attempt to 
                commit that offense which is punishable under section 
                1013 of the Controlled Substances Import and Export Act 
                (21 U.S.C. 963).
    ``(d) A determination to approve or not to approve, or to institute 
or not to institute, a prosecution under subsection (b) or (c), and a 
determination to file or not to file, and the contents of, a 
certification under subsection (a) or (b) shall not be reviewable in 
any court.
    ``(e) In a prosecution under subsection (b) or (c), the juvenile 
may be prosecuted and convicted as an adult for any other offense which 
is properly joined under the Federal Rules of Criminal Procedure, and 
may also be convicted of a lesser included offense.
    ``(f) The Attorney General shall annually report to Congress--
            ``(1) the number of juveniles adjudicated delinquent or 
        tried as adults in Federal court;
            ``(2) the race, ethnicity, and gender of those juveniles;
            ``(3) the number of those juveniles who were abused or 
        neglected by their families, to the extent such information is 
        available; and
            ``(4) the number and types of assault crimes, such as rapes 
        and beatings, committed against juveniles while incarcerated in 
        connection with the adjudication or conviction.
    ``(g) As used in this section--
            ``(1) 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, a federally recognized tribe; and
            ``(2) the term `serious violent felony' has the same 
        meaning given that term in section 3559(c)(2)(F)(i).''.

SEC. 202. CUSTODY PRIOR TO APPEARANCE BEFORE JUDICIAL OFFICER.

    Section 5033 of title 18, United States Code, is amended to read as 
follows:
``Sec. 5033. Custody prior to appearance before judicial officer
    ``(a) Whenever a juvenile is taken into custody, the arresting 
officer shall immediately advise such juvenile of the juvenile's 
rights, in language comprehensible to a juvenile. The arresting officer 
shall promptly take reasonable steps to notify the juvenile's parents, 
guardian, or custodian of such custody, of the rights of the juvenile, 
and of the nature of the alleged offense.
    ``(b) The juvenile shall be taken before a judicial officer without 
unreasonable delay.''.

SEC. 203. TECHNICAL AND CONFORMING AMENDMENTS TO SECTION 5034.

    Section 5034 of title 18, United States Code, is amended--
            (1) by striking ``The'' each place it appears at the 
        beginning of a paragraph and inserting ``the'';
            (2) by striking ``If'' at the beginning of the third 
        paragraph and inserting ``if'';
            (3)(A) by designating the three paragraphs as paragraphs 
        (1), (2), and (3), respectively; and
            (B) by moving such designated paragraphs 2 ems to the 
        right; and
            (4) by inserting at the beginning of such section before 
        those paragraphs the following:
    ``In a proceeding under section 5032(a)--''.

SEC. 204. DETENTION PRIOR TO DISPOSITION OR SENTENCING.

    Section 5035 of title 18, United States Code, is amended to read as 
follows:
``Sec. 5035. Detention prior to disposition or sentencing
    ``(a) A juvenile alleged to be delinquent or a juvenile being 
prosecuted as an adult, if detained at any time prior to sentencing, 
shall be detained in such suitable place as the Attorney General may 
designate. Whenever appropriate, detention shall be in a foster home or 
community based facility. Preference shall be given to a place located 
within, or within a reasonable distance of, the district in which the 
juvenile is being prosecuted.
    ``(b) To the maximum extent feasible, a juvenile prosecuted 
pursuant to subsection (b) or (c) of section 5032 shall not be detained 
prior to sentencing in any facility in which the juvenile has regular 
contact with adult persons convicted of a crime or awaiting trial on 
criminal charges.
    ``(c) A juvenile who is proceeded against under section 5032(a) 
shall not be detained prior to disposition in any facility in which the 
juvenile has regular contact with adult persons convicted of a crime or 
awaiting trial on criminal charges.
    ``(d) Every juvenile who is detained prior to disposition or 
sentencing shall be provided with reasonable safety and security and 
with adequate food, heat, light, sanitary facilities, bedding, 
clothing, recreation, education, and medical care, including necessary 
psychiatric, psychological, or other care and treatment.''.

SEC. 205. SPEEDY TRIAL.

    Section 5036 of title 18, United States Code, is amended by--
            (1) striking ``If an alleged delinquent'' and inserting 
        ``If a juvenile proceeded against under section 5032(a)'';
            (2) striking ``thirty'' and inserting ``45''; and
            (3) striking ``the court,'' and all that follows through 
        the end of the section and inserting ``the court. The periods 
        of exclusion under section 3161(h) of this title shall apply to 
        this section.''.

SEC. 206. DISPOSITION; AVAILABILITY OF INCREASED DETENTION, FINES AND 
              SUPERVISED RELEASE FOR JUVENILE OFFENDERS.

    (a) Disposition.--Section 5037 of title 18, United States Code, is 
amended to read as follows:
``Sec. 5037. Disposition
    ``(a) In a proceeding under section 5032(a), if the court finds a 
juvenile to be a juvenile delinquent, the court shall hold a hearing 
concerning the appropriate disposition of the juvenile no later than 40 
court days after the finding of juvenile delinquency, unless the court 
has ordered further study pursuant to subsection (e). 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 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 present any information in relation 
to the disposition. After the dispositional hearing, and after 
considering the sanctions recommended pursuant to subsection (f), the 
court shall impose an appropriate sanction, including the ordering of 
restitution pursuant to section 3556 of this title. The court may order 
the juvenile's parent, guardian, or custodian to be present at the 
dispositional hearing and the imposition of sanctions and may issue 
orders directed to such parent, guardian, custodian regarding conduct 
with respect to the juvenile. With respect to release or detention 
pending an appeal or a petition for a writ of certiorari after 
disposition, the court shall proceed pursuant to chapter 207.
    ``(b) The term for which probation may be ordered for a juvenile 
found to be a juvenile delinquent may not extend beyond the maximum 
term that would be authorized by section 3561(c) if the juvenile had 
been tried and convicted as an adult. Sections 3563, 3564, and 3565 are 
applicable to an order placing a juvenile on probation.
    ``(c) The term for which official detention may be ordered for a 
juvenile found to be a juvenile delinquent may not extend beyond the 
lesser of--
            ``(1) the maximum term of imprisonment that would be 
        authorized if the juvenile had been tried and convicted as an 
        adult;
            ``(2) ten years; or
            ``(3) the date when the juvenile becomes twenty-six years 
        old.
Section 3624 is applicable to an order placing a juvenile in detention.
    ``(d) The term for which supervised release may be ordered for a 
juvenile found to be a juvenile delinquent may not extend beyond 5 
years. Subsections (c) through (i) of section 3583 apply to an order 
placing a juvenile on supervised release.
    ``(e) If the court desires more detailed information concerning a 
juvenile alleged to have committed an act of juvenile delinquency or a 
juvenile adjudicated delinquent, it may commit the juvenile, after 
notice and hearing at which the juvenile is represented by counsel, to 
the custody of the Attorney General for observation and study by an 
appropriate agency or entity. Such observation and study shall be 
conducted on an outpatient basis, unless the court determines that 
inpatient observation and study are necessary to obtain the desired 
information. In the case of an alleged juvenile delinquent, inpatient 
study may be ordered only with the consent of the juvenile and the 
juvenile's attorney. The agency or entity shall make a study of all 
matters relevant to the alleged or adjudicated delinquent behavior and 
the court's inquiry. The Attorney General shall submit to the court and 
the attorneys for the juvenile and the Government the results of the 
study within 30 days after the commitment of the juvenile, unless the 
court grants additional time. Time spent in custody under this 
subsection shall be excluded for purposes of section 5036.
    ``(f)(1) The United States Sentencing Commission, in consultation 
with the Attorney General, shall develop a list of possible sanctions 
for juveniles adjudicated delinquent.
    ``(2) Such list shall--
            ``(A) be comprehensive in nature and encompass punishments 
        of varying levels of severity;
            ``(B) include terms of confinement; and
            ``(C) provide punishments that escalate in severity with 
        each additional or subsequent more serious delinquent 
        conduct.''.
    (b) Effective Date.--The Sentencing Commission shall develop the 
list required pursuant to section 5037(f), as amended by subsection 
(a), not later than 180 days after the date of the enactment of this 
Act.
    (c) Conforming Amendment to Adult Sentencing Section.--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 Under the Age of 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 an 
offense described in section 5032(b)(1)(B).''.

SEC. 207. JUVENILE RECORDS AND FINGERPRINTING.

    Section 5038 of title 18, United States Code, is amended to read as 
follows:
``Sec. 5038. Juvenile records and fingerprinting
    ``(a)(1) Throughout and upon the completion of the juvenile 
delinquency proceeding under section 5032(a), the court shall keep a 
record relating to the arrest and adjudication that is--
            ``(A) equivalent to the record that would be kept of an 
        adult arrest and conviction for such an offense; and
            ``(B) retained for a period of time that is equal to the 
        period of time records are kept for adult convictions.
    ``(2) Such records shall be made available for official purposes, 
including communications with any victim or, in the case of a deceased 
victim, such victim's representative, or school officials, and to the 
public to the same extent as court records regarding the criminal 
prosecutions of adults are available.
    ``(b) The Attorney General shall establish guidelines for 
fingerprinting and photographing a juvenile who is the subject of any 
proceeding authorized under this chapter. Such guidelines shall address 
the availability of pictures of any juvenile taken into custody but not 
prosecuted as an adult. Fingerprints and photographs of a juvenile who 
is prosecuted as an adult shall be made available in the manner 
applicable to adult offenders.
    ``(c) Whenever a juvenile has been adjudicated delinquent for an 
act that, if committed by an adult, would be a felony or for a 
violation of section 924(a)(6), the court shall transmit to the Federal 
Bureau of Investigation the information concerning the adjudication, 
including name, date of adjudication, court, offenses, and sentence, 
along with the notation that the matter was a juvenile adjudication.
    ``(d) In addition to any other authorization under this section for 
the reporting, retention, disclosure, or availability of records or 
information, if the law of the State in which a Federal juvenile 
delinquency proceeding takes place permits or requires the reporting, 
retention, disclosure, or availability of records or information 
relating to a juvenile or to a juvenile delinquency proceeding or 
adjudication in certain circumstances, then such reporting, retention, 
disclosure, or availability is permitted under this section whenever 
the same circumstances exist.''.

SEC. 208. TECHNICAL AMENDMENTS OF SECTIONS 5031 AND 5034.

    (a) Elimination of Pronouns.--Sections 5031 and 5034 of title 18, 
United States Code, are each amended by striking ``his'' each place it 
appears and inserting ``the juvenile's''.
    (b) Updating of Reference.--Section 5034 of title 18, United States 
Code, is amended--
            (1) in the heading of such section, by striking 
        ``magistrate'' and inserting ``judicial officer''; and
            (2) by striking ``magistrate'' each place it appears and 
        inserting ``judicial officer''.

SEC. 209. CLERICAL AMENDMENTS TO TABLE OF SECTIONS FOR CHAPTER 403.

    The heading and the table of sections at the beginning of chapter 
403 of title 18, United States Code, is amended to read as follows:

                  ``CHAPTER 403--JUVENILE DELINQUENCY

``Sec.
``5031. Definitions.
``5032. Delinquency proceedings or criminal prosecutions in district 
                            courts.
``5033. Custody prior to appearance before judicial officer.
``5034. Duties of judicial officer.
``5035. Detention prior to disposition or sentencing.
``5036. Speedy trial.
``5037. Disposition.
``5038. Juvenile records and fingerprinting.
``5039. Commitment.
``5040. Support.
``5041. Repealed.
``5042. Revocation of probation.''.

       TITLE III--EFFECTIVE ENFORCEMENT OF FEDERAL FIREARMS LAWS

SEC. 301. ARMED CRIMINAL APPREHENSION PROGRAM.

    (a) In General.--Not later than 90 days after the date of the 
enactment of this Act, the Attorney General shall establish in the 
office of each United States Attorney a program that meets the 
requirements of subsections (b) and (c). The program shall be known as 
the ``Armed Criminal Apprehension Program''.
    (b) Program Requirements.--In the office of each United States 
Attorney, the program established under subsection (a) shall--
            (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 
        chapter 44 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 one 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
            (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, each 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) Waiver Authority.--
            (1) Request for waiver.--A United States attorney may 
        request the Attorney General to waive the requirements of 
        subsection (b) with respect to the United States attorney.
            (2) Provision of waiver.--The Attorney General may waive 
        the requirements of subsection (b) pursuant to a request made 
        under paragraph (1), in accordance with guidelines which shall 
        be established by the Attorney General. In establishing the 
        guidelines, the Attorney General shall take into consideration 
        the number of assistant United States attorneys in the office 
        of the United States attorney making the request and the level 
        of violent youth crime committed in the district for which the 
        United States attorney is appointed.

SEC. 302. ANNUAL REPORTS.

    Not later than 1 year after the date of the 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 
        deisgnated under the program under section 301 and cross-
        deisgnated under section 304 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) The average length of prison sentence of the 
        individuals convicted of violations of Federal firearms laws by 
        reason of the program.

SEC. 303. AUTHORIZATION OF APPROPRIATIONS.

    (a) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out the program under section 301 $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 301(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 
        301(b)(4).
            (3) It is the sense of the Congress that amounts made 
        available under this section for the public education campaign 
        required by section 301(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 title.

SEC. 304. CROSS-DESIGNATION OF FEDERAL PROSECUTORS.

    To better assist state and local law enforcement agencies in the 
investigation and prosecution of firearms offenses, each United States 
Attorney may cross-designate one or more Assistant United States 
Attorneys to prosecute firearms offenses under State law that are 
similar to those listed in section 301(b)(2) in State and local courts.

     TITLE IV--LIMITING JUVENILE ACCESS TO FIREARMS AND EXPLOSIVES

SEC. 401. INCREASED PENALTIES FOR UNLAWFUL JUVENILE POSSESSION OF 
              FIREARMS.

    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) of this subsection, 
        whoever''; and
            (2) by striking paragraph (6) and inserting the following:
    ``(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) the juvenile shall be fined under this title, 
        imprisoned not more than 5 years, or both, if--
                    ``(I) the offense of which the juvenile is charged 
                is a violation of section 922(x); and
                    ``(II) the violation was also with the intent to 
                possess the handgun, ammunition, large capacity 
                ammunition feeding device, or semiautomatic assault 
                weapon giving rise to the violation in a school zone, 
                or knowing that another juvenile intends to possess the 
                handgun, ammunition, large capacity feeding device, or 
                semiautomatic assault weapon giving rise to the 
                violation in a school zone;
            ``(ii) the 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 a violation of section 922(x); and
                    ``(II) the violation was also with the intent also 
                to use the handgun, ammunition, large capacity 
                ammunition feeding device, or semiautomatic assault 
                weapon giving rise to the violation in the commission 
                of a violent felony, or knowing that another juvenile 
                intends to use the handgun, ammunition, large capacity 
                ammunition feeding device, or semiautomatic assault 
                weapon giving rise to the violation in the commission 
                of a serious violent felony.
    ``(B) For purposes of this paragraph, the term `serious violent 
felony' has the meaning given the term in section 3559(c)(2)(F).
    ``(C) 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 penalties under subparagraph 
(A)(ii), 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 attains 18 years of age.''.

SEC. 402. INCREASED PENALTIES AND MANDATORY MINIMUM SENTENCE FOR 
              UNLAWFUL TRANSFER OF FIREARM TO JUVENILE.

    Section 924(a)(6) of title 18, United States Code, is further 
amended by redesignating subparagraphs (B) and (C) as subparagraphs (C) 
and (D), respectively, and by inserting after subparagraph (A) the 
following:
    ``(B) A person other than a juvenile who knowingly violates section 
922(x)--
            ``(i) shall be fined under this title, imprisoned not more 
        than 5 years, or both;
            ``(ii) if the person violated section 922(x)(1) knowing 
        that a juvenile intended to possess the handgun, ammunition, 
        large capacity ammunition feeding device, or semiautomatic 
        assault weapon giving rise to the violation of section 
        922(x)(1) in a school zone, shall be fined under this title and 
        imprisoned not less than 3 years and not more than 20 years; 
        and
            ``(iii) if the person violated section 922(x)(1) knowing 
        that a juvenile intended to use the handgun, ammunition, large 
        capacity ammunition feeding device, or semiautomatic assault 
        weapon giving rise to the violation of section 922(x)(1) in the 
        commission of a serious violent felony, shall be imprisoned not 
        less than 10 years and not more than 20 years and fined under 
        this title.''.

SEC. 403. PROHIBITING POSSESSION OF EXPLOSIVES BY JUVENILES AND YOUNG 
              ADULTS.

    Section 842 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(r)(1) It shall be unlawful for any person who has not attained 
21 years of age to ship or transport any explosive materials in 
interstate or foreign commerce or to receive or possess any explosive 
materials which has been shipped or transported in interstate or 
foreign commerce.
    ``(2) This subsection shall not apply to commercially manufactured 
black powder in bulk quantities not to exceed five pounds, and if the 
person is less than 18 years of age, the person has the prior written 
consent of the person's parents or guardian who is not prohibited by 
Federal, State, or local law from possessing explosive materials, and 
the person has the prior written consent in the person's possession at 
all times when the black powder is in the possession of the person.''.

     TITLE V--PREVENTING CRIMINAL ACCESS TO FIREARMS AND EXPLOSIVES

SEC. 501. 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)(1) For purposes of 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) 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 and inserting ``; and'';
            (3) by adding at the end the following:
            ``(2) violates section 842(p)(2), shall be fined under this 
        title, imprisoned not more than 20 years, or both.''; and
            (4) in subsection (j), by inserting ``and section 842(p),'' 
        after ``this section,''.

SEC. 502. REQUIRING THEFTS FROM COMMON CARRIERS TO BE REPORTED.

    (a) Section 922(f) of title 18, United States Code, is amended by 
adding at the end the following:
    ``(3)(A) It shall be unlawful for any common or contract carrier to 
fail to report the theft or loss of a firearm within 48 hours after the 
theft or loss is discovered. The theft or loss shall be reported to the 
Secretary and to the appropriate local authorities.
    ``(B) The Secretary may impose a civil fine of not more than 
$10,000 on any person who knowingly violates subparagraph (A).''.
    (b) Section 924(a)(1)(B) of title 18, United States Code, is 
amended by striking ``(f),'' and inserting ``(f)(1), (f)(2),''.

SEC. 503. VOLUNTARY SUBMISSION OF DEALER'S RECORDS.

    Section 923(g)(4) of title 18, United States Code, is amended to 
read as follows:
    ``(4) Where a firearms or ammunition business is discontinued and 
succeeded by a new licensee, the records required to be kept by this 
chapter shall appropriately reflect such facts and shall be delivered 
to the successor. Upon receipt of such records the successor licensee 
may retain the records of the discontinued business or submit the 
discontinued business records to the Secretary. Additionally, a 
licensee while maintaining a firearms business may voluntarily submit 
the records required to be kept by this chapter to the Secretary if 
such records are at least 20 years old. Where discontinuance of the 
business is absolute, such records shall be delivered within thirty 
days after the business is discontinued to the Secretary. Where State 
law or local ordinance requires the delivery of records to another 
responsible authority, the Secretary may arrange for the delivery of 
such records to such other responsible authority.''.

SEC. 504. GRANT PROGRAM FOR JUVENILE RECORDS.

    (a) Program Authorization.--The Attorney General is authorized to 
provide grants to States to improve the quality and accessibility of 
juvenile records and to ensure juvenile records are routinely available 
for background checks performed in connection with the transfer of a 
firearm.
    (b) Eligibility.--
            (1) In general.--A State that wishes to receive a grant 
        under this section shall submit an application to the Attorney 
        General that meets the requirements of paragraph (2).
            (2) Assurance.--The application referred to in paragraph 
        (1) shall include an assurance that the State has in place a 
        system of records that ensures that juvenile records are 
        available for background checks performed in connection with 
        the transfer of a firearm, in which such system provides that--
                    (A) an adjudication of an act of violent juvenile 
                delinquency as defined in section 921(a)(20)(B) is not 
                expunged or set aside after a juvenile reaches the age 
                of majority; and
                    (B) such a juvenile record is available and 
                retained as if it were an adult record.
    (c) Allocation.--Of the total funds appropriated under subsection 
(e), each State that meets the requirements of subsection (b), shall be 
allocated an amount which bears the same ratio to the amount of funds 
so appropriated as the population of individuals under the age of 18 
living in such State for the most recent calendar year in which such 
data is available bears to the population of such individuals of all 
the States that meet the requirements of subsection (b) for such fiscal 
year.
    (d) Uses of Funds.--A State that receives a grant award under this 
section may use such funds to support the administrative record system 
referred to in subsection (b)(2).
    (e) Authorization of Appropriation.--There are authorized to be 
appropriated to carry out this section, $25,000,000 for fiscal year 
2000 and such sums as may be necessary for each of the 4 succeeding 
fiscal years.

    TITLE VI--PUNISHING AND DETERRING CRIMINAL USE OF FIREARMS AND 
                               EXPLOSIVES

SEC. 601. MANDATORY MINIMUM SENTENCE FOR DISCHARGING A FIREARM IN A 
              SCHOOL ZONE.

    Section 924(a)(4) of title 18, United States Code, is amended--
            (1) by striking ``922(q) shall be fined'' and inserting 
        ``922(q)(2) shall be fined''; and
            (2) by inserting after the first sentence the following: 
        ``Whoever violates section 922(q)(3) with reckless disregard 
        for the safety of another shall be fined under this title, 
        imprisoned not more than 20 years, or both, except that if 
        serious bodily injury results, shall be fined under this title, 
        imprisoned not more than 25 years, or both, or if death results 
        and the person has attained 16 years of age but has not 
        attained 18 years of age, shall be fined under this title, 
        sentenced to imprisonment for life or for any term of years, or 
        both, or if death results and the person has attained 18 years 
        of age, shall be fined under this title, sentenced to death or 
        to imprisonment for any term of years or for life, or both. 
        Whoever knowingly violates section 922(q)(3) shall be fined 
        under this title, imprisoned not less than 10 years and not 
        more than 20 years, or both, except that if serious bodily 
        injury results, shall be fined under this title, imprisoned not 
        less than 15 years and not more than 25 years, or both, or if 
        death results and the person has attained 16 years of age but 
        has not attained 18 years of age, shall be fined under this 
        title, sentenced to imprisonment for life, or both, or if death 
        results and the person has attained 18 years of age, shall be 
        fined under this title, sentenced to death or to imprisonment 
        for life, or both.''.

SEC. 602. 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 for such a violation to a person who 
has more than one previous conviction for a violent felony (as defined 
in subsection (e)(2)(B)) or a serious drug offense (as defined in 
subsection (e)(2)(A)), committed under different circumstances.''.

SEC. 603. INCREASED PENALTIES FOR POSSESSING OR TRANSFERRING 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 ``10'' and inserting 
        ``15''; and
            (3) in subsection (l), by striking ``10'' and inserting 
        ``15''.
    (b) Sentencing Commission.--The United States Sentencing Commission 
shall amend the Federal sentencing guidelines to reflect the amendments 
made by subsection (a).

SEC. 604. INCREASED MANDATORY MINIMUM PENALTIES FOR USING A FIREARM TO 
              COMMIT A CRIME OF VIOLENCE OR DRUG TRAFFICKING CRIME.

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

SEC. 605. INCREASED PENALTIES FOR MISREPRESENTED FIREARMS PURCHASE IN 
              AID OF A SERIOUS VIOLENT FELONY.

    (a) In General.--Section 924(a) of title 18, United States Code, is 
amended by adding at the end the 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 serious 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) For purposes of this paragraph--
            ``(i) the term `juvenile' has the meaning given the term in 
        section 922(x); and
            ``(ii) the term `serious violent felony' has the meaning 
        given the term in section 3559(c)(2)(F).''.
    (b) Effective Date.--The amendment made by this section shall take 
effect 180 days after the date of the enactment of this Act.

SEC. 606. INCREASING PENALTIES ON GUN KINGPINS.

    (a) Increasing the Penalty for Engaging in an Illegal Firearms 
Business.--Section 924(a)(2) of title 18, United States Code, is 
amended by inserting ``, or willfully violates section 922(a)(1),'' 
after ``section 922''.
    (b) Sentencing Guidelines Increase for Certain Violations and 
Offenses.--Pursuant to its authority under section 994(p) of title 28, 
United States Code, the United States Sentencing Commission shall--
            (1) review and amend the Federal sentencing guidelines to 
        provide an appropriate enhancement for a violation of section 
        922(a)(1) of title 18, United States Code; and
            (2) review and amend the Federal sentencing guidelines to 
        provide additional sentencing increases, as appropriate, for 
        offenses involving more than 50 firearms.
The Commission shall promulgate the amendments provided for under this 
subsection as soon as is practicable in accordance with the procedure 
set forth in section 21(a) of the Sentencing Act of 1987, as though the 
authority under that Act had not expired.

SEC. 607. SERIOUS RECORDKEEPING OFFENSES THAT AID GUN TRAFFICKING.

    Section 924(a)(3) of title 18, United States Code, is amended by 
striking the period and inserting ``; but if the violation is in 
relation to an offense under subsection (a)(6) or (d) of section 922, 
shall be fined under this title, imprisoned not more than 10 years, or 
both.''.

SEC. 608. TERMINATION OF FIREARMS DEALER'S LICENSE UPON FELONY 
              CONVICTION.

    Section 925(b) of title 18, United States Code, is amended by 
striking ``until any conviction pursuant to the indictment becomes 
final'' and inserting ``until the date of any conviction pursuant to 
the indictment''.

SEC. 609. INCREASED PENALTY FOR TRANSACTIONS INVOLVING FIREARMS WITH 
              OBLITERATED SERIAL NUMBERS.

    Section 924(a) of title 18, United States Code, is amended--
            (1) in paragraph (1)(B), by striking ``(k),''; and
            (2) in paragraph (2), by inserting ``(k),'' after ``(j),''.

SEC. 610. FORFEITURE FOR GUN TRAFFICKING.

    Section 982(a) of title 18, United States Code, is amended by 
adding at the end the following:
    ``(9) The court, in imposing a sentence on a person convicted of a 
gun trafficking offense, as defined in section 981(a)(1)(G), or a 
conspiracy to commit such offense, shall order the person to forfeit to 
the United States any conveyance used or intended to be used to commit 
such offense, and any property traceable to such conveyance.''.

SEC. 611. INCREASED PENALTY FOR FIREARMS CONSPIRACY.

    Section 924 of title 18, United States Code, is further amended by 
adding at the end the following:
    ``(q) Except as otherwise provided in this section, a person who 
conspires to commit an offense defined in this chapter shall be subject 
to the same penalties (other than the penalty of death) as those 
prescribed for the offense the commission of which is the object of the 
conspiracy.''.

SEC. 612. GUN CONVICTIONS AS PREDICATE CRIMES FOR ARMED CAREER CRIMINAL 
              ACT.

    (a) Section 924(e)(1) of title 18, United States Code, is amended--
            (1) by striking ``violent felony or a serious drug offense, 
        or both,'' and inserting ``violent felony, a serious drug 
        offense or a violation of section 922(g)(1), or a combination 
        of such offenses,''; and
            (2) by adding at the end the following: ``No more than two 
        convictions for violations of section 922(g)(1) shall be 
        considered in determining whether a person has three previous 
        convictions for purposes of this subsection.''.

SEC. 613. SERIOUS JUVENILE DRUG TRAFFICKING OFFENSES AS ARMED CAREER 
              CRIMINAL ACT PREDICATES.

    Section 924(e)(2)(C) of title 18, United States Code, is amended by 
inserting ``or serious drug offense'' after ``violent felony''.

SEC. 614. FORFEITURE OF FIREARMS USED IN CRIMES OF VIOLENCE AND 
              FELONIES.

    (a) Criminal Forfeiture.--Section 982(a) of title 18, United States 
Code, is further amended by adding at the end the following:
    ``(10) The court, in imposing a sentence on a person convicted of 
any crime of violence (as defined in section 16 of this title) or any 
felony under Federal law, shall order that the person forfeit to the 
United States any firearm (as defined in section 921(a)(3) of this 
title) used or intended to be used to commit or to facilitate the 
commission of the offense.''.
    (b) Disposal of Property.--Section 981(c) of title 18, United 
States Code, is amended by adding at the end the following flush 
sentence:
``Any firearm forfeited pursuant to subsection (a)(1)(H) of this 
section or section 982(a)(10) of this title shall be disposed of by the 
seizing agency in accordance with law.''.
    (c) Authority To Forfeit Property Under Section 924(d).--Section 
924(d) of title 18, United States Code, is amended by adding at the end 
the following:
    ``(4) Whenever any firearm is subject to forfeiture under this 
section, the Secretary of the Treasury shall have the authority to 
seize and forfeit, in accordance with the procedures of the applicable 
forfeiture statute, any property otherwise forfeitable under the laws 
of the United States that was involved in or derived from the crime of 
violence or drug trafficking crime described in subsection (c) in which 
the forfeited firearm was used or carried.''.
    (d) 120-Day Rule for Administrative Forfeiture.--Section 924(d)(1) 
of title 18, United States Code, is amended by adding 
``administrative'' after ``Any'' in the last sentence.
    (e) Section 3665.--Section 3665 of title 18, United States Code, is 
amended--
            (1) by redesignating the first undesignated paragraph as 
        subsection (a)(1) and the second undesignated paragraph as 
        subsection (a)(2); and
            (2) by adding at the end the following:
    ``(b) The forfeiture of property under this section, including any 
seizure and disposition of the property and any related administrative 
or judicial proceeding, shall be governed by the provisions of section 
413 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 
(21 U.S.C. 853), except for subsection 413(d) which shall not apply to 
forfeitures under this section.''.

SEC. 615. SEPARATE LICENSES FOR GUNSMITHS.

    (a) Section 921(a)(11) of title 18, United States Code, is amended 
to read as follows:
    ``(11) The term `dealer' means (A) any person engaged in the 
business as a firearms dealer, (B) any person engaged in the business 
as a gunsmith, or (C) any person who is a pawnbroker. The term 
`licensed dealer' means any dealer who is licensed under the provisions 
of this chapter.''.
    (b) Section 921(a) of title 18, United States Code, is amended by 
redesignating paragraphs (12) through (33) as paragraphs (14) through 
(35), and by inserting after paragraph (11) the following:
            ``(12) The term `firearms dealer' means any person who is 
        engaged in the business of selling firearms at wholesale or 
        retail.
            ``(13) The term `gunsmith' means any person, other than a 
        licensed manufacturer, licensed importer, or licensed dealer, 
        who is engaged in the business of repairing firearms or of 
        making or fitting special barrels, stocks or trigger mechanisms 
        to firearms.''.
    (c) Section 923(a)(3) of title 18, United States Code is amended to 
read as follows:
            ``(3) If the applicant is a dealer who is--
                    ``(A) a dealer in destructive devices or ammunition 
                for destructive devices, a fee of $1,000 per year;
                    ``(B) a dealer in firearms who is not a dealer in 
                destructive devices, a fee of $200 for 3 years, except 
                that the fee for renewal of a valid license shall be 
                $90 for 3 years; or
                    ``(C) a gunsmith, a fee of $100 for 3 years, except 
                that the fee for renewal of a valid license shall be 
                $50 for 3 years.''.

SEC. 616. PERMITS AND BACKGROUND CHECKS FOR PURCHASES OF EXPLOSIVES.

    (a) Permits for Purchase of Explosives in General.--Section 842 of 
title 18, United States Code, is amended--
            (1) by amending subparagraphs (A) and (B) of subsection 
        (a)(3) to read as follows:
                    ``(A) to transport, ship, cause to be transported, 
                or receive any explosive materials; or
                    ``(B) to distribute explosive materials to any 
                person other than a licensee or permittee.''; and
            (2) in subsection (b)--
                    (A) by adding ``or'' at the end of paragraph (1);
                    (B) by striking ``; or'' at the end of paragraph 
                (2) and inserting a period; and
                    (C) by striking paragraph (3).
    (b) Background Checks.--Section 842 of title 18, United States 
Code, is further amended by adding at the end the following:
    ``(q)(1) A licensed importer, licensed manufacturer, or licensed 
dealer shall not transfer explosive materials to any other person who 
is not a licensee under section 843 of this title unless--
            ``(A) before the completion of the transfer, the licensee 
        contacts the national instant criminal background check system 
        established under section 103(d) of the Brady Handgun Violence 
        Prevention Act;
            ``(B)(i) the system provides the licensee with a unique 
        identification number; or
            ``(ii) 5 business days (meaning a day on which State 
        offices are open) have elapsed since the licensee contacted the 
        system, and the system has not notified the licensee that the 
        receipt of explosive materials by such other person would 
        violate subsection (i) of this section;
            ``(C) the transferor has verified the identity of the 
        transferee by examining a valid identification document (as 
        defined in section 1038(d)(1) of this title) of the transferee 
        containing a photograph of the transferee; and
            ``(D) the transferor has examined the permit issued to the 
        transferee pursuant to section 843 of this title and recorded 
        the permit number on the record of the transfer.
    ``(2) If receipt of explosive materials would not violate section 
842(i) of this title or State law, the system shall--
            ``(A) assign a unique identification number to the 
        transfer; and
            ``(B) provide the licensee with the number.
    ``(3) Paragraph (1) shall not apply to the transfer of explosive 
materials between a licensee and another person if on application of 
the transferor, the Secretary has certified that compliance with 
paragraph (1)(A) is impracticable because--
            ``(A) the ratio of the number of law enforcement officers 
        of the State in which the transfer is to occur to the number of 
        square miles of land area of the State does not exceed 0.0025;
            ``(B) the business premises of the licensee at which the 
        transfer is to occur are extremely remote in relation to the 
        chief law enforcement officer (as defined in section 
        922(s)(8)); and
            ``(C) there is an absence of telecommunications facilities 
        in the geographical area in which the business premises are 
        located.
    ``(4) If the national instant criminal background check system 
notifies the licensee that the information available to the system does 
not demonstrate that the receipt of explosive materials by such other 
person would violate subsection (i) or State law, and the licensee 
transfers explosive materials to such other person, the licensee shall 
include in the record of the transfer the unique identification number 
provided by the system with respect to the transfer.
    ``(5) If the licensee knowingly transfers explosive materials to 
such other person and knowingly fails to comply with paragraph (1) of 
this subsection with respect to the transfer, the Secretary may, after 
notice and opportunity for a hearing, suspend for not more than 6 
months or revoke any license issued to the licensee under section 843 
and may impose on the licensee a civil fine of not more than $5,000.
    ``(6) Neither a local government nor an employee of the Federal 
Government or of any State or local government, responsible for 
providing information to the national instant criminal background check 
system shall be liable in an action at law for damages--
            ``(A) for failure to prevent the sale or transfer of 
        explosive materials to a person whose receipt or possession of 
        the explosive materials is unlawful under this section; or
            ``(B) for preventing such a sale or transfer to a person 
        who may lawfully receive or possess explosive materials.''.
    (c) Administrative Provisions.--Section 103 of the Brady Handgun 
Violence Prevention Act (18 U.S.C. 922 note) is amended--
            (1) in subsection (f), by inserting ``or explosive 
        materials'' after ``firearm''; and
            (2) in subsection (g), by inserting ``or that receipt of 
        explosive materials by a prospective transferee would violate 
        section 842(i) of such title, or State law,'' after ``State 
        law,''.
    (d) Remedy for Erroneous Denial of Explosive Materials.--
            (1) In general.--Chapter 40 of title 18, United States 
        Code, is amended by inserting after section 843 the following:
``Sec. 843A. Remedy for erroneous denial of explosive materials
    ``Any person denied explosive materials pursuant to section 
842(q)--
            ``(1) due to the provision of erroneous information 
        relating to the person by any State or political subdivision 
        thereof, or by the national instant criminal background check 
        system established under section 103 of the Brady Handgun 
        Violence Prevention Act; or
            ``(2) who was not prohibited from receipt of explosive 
        materials pursuant to section 842(i),
may bring an action against the State or political subdivision 
responsible for providing the erroneous information, or responsible for 
denying the transfer, or against the United States, as the case may be, 
for an order directing that the erroneous information be corrected or 
that the transfer be approved, as the case may be. In any action under 
this section, the court, in its discretion, may allow the prevailing 
party a reasonable attorney's fee as part of the costs.''.
            (2) Technical amendment.--The section analysis for chapter 
        40 of title 18, United States Code, is amended by inserting 
        after the item relating to section 843 the following:

``843A. Remedy for erroneous denial of explosive materials.''.
    (e) Regulations.--
            (1) In general.--Not later than 6 months after the date of 
        the enactment of this Act, the Secretary of the Treasury shall 
        issue final regulations with respect to the amendments made by 
        subsection (a).
            (2) Notice to states.--On the issuance of regulations 
        pursuant to paragraph (1), the Secretary of the Treasury shall 
        notify the States of the regulations so that the States may 
        consider revising their explosives laws.
    (f) Licenses and User Permits.--Section 843(a) of title 18, United 
States Code, is amended--
            (1) by inserting ``, including fingerprints and a 
        photograph of the applicant'' before the period at the end of 
        the first sentence; and
            (2) by striking the second sentence and inserting, ``Each 
        applicant for a license shall pay for each license a fee 
        established by the Secretary that shall not exceed $300. Each 
        applicant for a permit shall pay for each permit a fee 
        established by the Secretary that shall not exceed $100.''.
    (g) Penalties.--Section 844 of title 18, United States Code, is 
amended--
            (1) by redesignating subsection (a) as subsection (a)(1); 
        and
            (2) by inserting after subsection (a)(1) the following new 
        paragraph:
    ``(2) Any person who violates section 842(q) shall be fined under 
this title, imprisoned for not more than 5 years, or both.''.
    (h) Effective Date.--The amendments made by subsections (a), (b), 
(c), (d), and (g) shall take effect 18 months after the date of the 
enactment of the Act.

SEC. 617. PERSONS PROHIBITED FROM RECEIVING OR POSSESSING EXPLOSIVES.

    (a) Distribution of Explosives.--Section 842(d) of title 18, United 
States Code, is amended--
            (1) in paragraph (5), by striking ``or'' at the end;
            (2) in paragraph (6), by striking the period and inserting 
        ``or who has been committed to a mental institution;''; and
            (3) by adding at the end the following:
            ``(7) being an alien--
                    ``(A) is illegally or unlawfully in the United 
                States; or
                    ``(B) except as provided in subsection (q)(2), has 
                been admitted to the United States under a nonimmigrant 
                visa (as that term is defined in section 101(a)(26) of 
                the Immigration and Nationality Act (8 U.S.C. 
                1101(a)(26)));
            ``(8) has been discharged from the Armed Forces under 
        dishonorable conditions;
            ``(9) having been a citizen of the United States, has 
        renounced his citizenship;
            ``(10) is subject to a court order that--
                    ``(A) was issued after a hearing of which such 
                person received actual notice, and at which such person 
                had an opportunity to participate;
                    ``(B) restrains such person from harassing, 
                stalking, or threatening an intimate partner of such 
                person or child of such intimate partner or person, or 
                engaging in other conduct that would place an intimate 
                partner in reasonable fear of bodily injury to the 
                partner or child; and
                    ``(C)(i) includes a finding that such person 
                represents a credible threat to the physical safety of 
                such intimate partner or child; or
                    ``(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;
            ``(11) has been convicted in any court of a misdemeanor 
        crime of domestic violence; or
            ``(12) has been adjudicated delinquent.''.
    (b) Possession of Explosives.--Section 842(i) of title 18, United 
States Code, is amended--
            (1) in paragraph (3), by striking ``or'' at the end; and
            (2) by adding at the end the following:
            ``(5) who, being an alien--
                    ``(A) is illegally or unlawfully in the United 
                States; or
                    ``(B) except as provided in subsection (q)(2), has 
                been admitted to the United States under a non-
                immigrant visa (as that term is defined in section 
                101(a)(26) of the Immigration and Nationality Act (8 
                U.S.C. 1101(a)(26)));
            ``(6) who has been discharged from the Armed Forces under 
        dishonorable conditions;
            ``(7) who, having been a citizen of the United States, has 
        renounced his citizenship;
            ``(8) who is subject to a court order that--
                    ``(A) was issued after a hearing of which such 
                person received actual notice, and at which such person 
                had an opportunity to participate;
                    ``(B) restrains such person from harassing, 
                stalking, or threatening an intimate partner of such 
                person or child of such intimate partner or person, or 
                engaging in other conduct that would place an intimate 
                partner in reasonable fear of bodily injury to the 
                partner or child; and
                    ``(C)(i) includes a finding that such person 
                represents a credible threat to the physical safety of 
                such intimate partner or child; or
                    ``(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;
            ``(9) who has been convicted in any court of a misdemeanor 
        crime of domestic violence; or
            ``(10) who has been adjudicated delinquent.''.
    (c) Definition.--Section 841 of title 18, United States Code, is 
amended by adding at the end the following:
    ``(r)(1) Except as provided in paragraph (2), `misdemeanor crime of 
domestic violence' means an offense that--
            ``(A) is a misdemeanor under Federal or State law; and
            ``(B) has, as an element, the use or attempted use of 
        physical force, or the threatened use of a deadly weapon, 
        committed by a current or former spouse, parent, or guardian of 
        the victim, by a person with whom the victim shares a child in 
        common, by a person who is cohabiting with or has cohabited 
        with the victim as a spouse, parent, or guardian, or by a 
        person similarly situated to a spouse, parent, or guardian of 
        the victim.
    ``(2)(A) A person shall not be considered to have been convicted of 
such an offense for purposes of this chapter, unless--
            ``(i) the person was represented by counsel in the case, or 
        knowingly and intelligently waived the right to counsel in the 
        case; and
            ``(ii) in the case of a prosecution for an offense 
        described in this paragraph for which a person was entitled to 
        a jury trial in the jurisdiction in which the case was tried--
                    ``(I) the case was tried by a jury; or
                    ``(II) the person knowingly and intelligently 
                waived the right to have the case tried by jury, by 
                guilty plea or otherwise.
    ``(B) A person shall not be considered to have been convicted of 
such an offense for purposes of this chapter if the conviction has been 
expunged or set aside, or is an offense for which the person has been 
pardoned or has had civil rights restored (if the law of the applicable 
jurisdiction provides for the loss of civil rights under such an 
offense) unless the pardon, expungement, or restoration of civil rights 
expressly provides that the person may not ship, transport, possess, or 
receive firearms.
    ``(s) `Adjudicated delinquent' means an adjudication of delinquency 
based upon a finding of the commission of an act by a person prior to 
his or her eighteenth birthday that, if committed by an adult, would be 
a serious drug offense or violent felony (as defined in section 
3559(c)(2) of this title), on or after the date of the enactment of 
this paragraph.''.
    (d) Aliens Admitted Under Nonimmigrant Visas.--Section 842 is 
amended by adding at the end the following:
    ``(r)(1) For purposes of this subsection--
            ``(A) the term `alien' has the same meaning as in section 
        101(a)(3) of the Immigration and 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) Sections (d)(7)(B) and (i)(5)(B) do not apply to any alien 
who has been lawfully admitted to the United States under a 
nonimmigrant visa, if that alien is a foreign law enforcement officer 
of a friendly foreign government entering the United States on official 
law enforcement business.
    ``(3)(A) Any individual who has been admitted to the United States 
under a nonimmigrant visa may receive a waiver from the requirements of 
subsection (i)(5)(B), if--
            ``(i) the individual submits to the Attorney General a 
        petition that meets the requirements of subparagraph (C); and
            ``(ii) the Attorney General approves the petition.
    ``(B) Each petition under subparagraph (B) shall--
            ``(i) demonstrate that the petitioner has resided in the 
        United States for a continuous period of not less than 180 days 
        before the date on which the petition is submitted under this 
        paragraph; and
            ``(ii) include a written statement from the embassy or 
        consulate of the petitioner, authorizing the petitioner to 
        acquire explosives and certifying that the alien would not, 
        absent the application of subsection (i)(5)(B), otherwise be 
        prohibited from such an acquisition under subsection (i).
    ``(C) The Attorney General shall approve a petition submitted in 
accordance with this paragraph, if the Attorney General determines that 
waiving the requirements of subsection (i)(5)(B) with respect to the 
petitioner--
            ``(i) would be in the interests of justice; and
            ``(ii) would not jeopardize the public safety.''.
    (e) Conforming Amendment.--Section 845 of title 18, United States 
Code, is amended by adding at the end the following:
    ``(d) Notwithstanding any other provision of this section, no 
person convicted of a misdemeanor crime of domestic violence may ship 
or transport any explosive materials in interstate or foreign commerce 
or to receive or possess any explosive materials which have been 
shipped or transported in interstate or foreign commerce.''.

   TITLE VII--PUNISHING GANG VIOLENCE AND DRUG TRAFFICKING TO MINORS

SEC. 701. INCREASED MANDATORY MINIMUM PENALTIES FOR USING MINORS TO 
              DISTRIBUTE DRUGS.

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

SEC. 702. INCREASED MANDATORY MINIMUM PENALTIES FOR DISTRIBUTING DRUGS 
              TO MINORS.

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

SEC. 703. INCREASED MANDATORY MINIMUM PENALTIES FOR DRUG TRAFFICKING IN 
              OR NEAR A SCHOOL OR OTHER PROTECTED LOCATION.

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

SEC. 704. CRIMINAL STREET GANGS.

    (a) In General.--Section 521 of title 18, United States Code, is 
amended--
            (1) in subsection (a), in the second 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; and
                    (C) by adding at the end the following:
            ``(3) that is a violation of section 522 (relating to the 
        recruitment of persons to participate in 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. 705. 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.
    (b) Amendment of Sentencing Guidelines.--
            (1) In general.--Pursuant to its authority under section 
        994(p) of title 28, United States Code, the United States 
        Sentencing Commission shall amend the Federal Sentencing 
        Guidelines to provide an appropriate enhancement for any 
        Federal offense described in section 521(c) of title 18, United 
        States Code, if the offense was both committed in 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. 706. INTERSTATE AND FOREIGN TRAVEL OR TRANSPORTATION IN AID OF 
              CRIMINAL GANGS.

    (a) Travel Act Amendment.--Section 1952 of title 18, United States 
Code, is amended to read as follows:
``Sec. 1952. Interstate and foreign travel or transportation in aid of 
              racketeering enterprises
    ``(a) Prohibited Conduct and Penalties.--
            ``(1) In general.--Whoever--
                    ``(A) travels in interstate or foreign commerce or 
                uses the mail or any facility in interstate or foreign 
                commerce, with intent to--
                            ``(i) distribute the proceeds of any 
                        unlawful activity; or
                            ``(ii) otherwise promote, manage, 
                        establish, carry on, or facilitate the 
                        promotion, management, establishment, or 
                        carrying on, of any unlawful activity; and
                    ``(B) after travel or use of the mail or any 
                facility in interstate or foreign commerce described in 
                subparagraph (A), performs, attempts to perform, or 
                conspires to perform an act described in clause (i) or 
                (ii) of subparagraph (A),
        shall be fined under this title, imprisoned not more than 10 
        years, or both.
            ``(2) Crimes of violence.--Whoever--
                    ``(A) travels in interstate or foreign commerce or 
                uses the mail or any facility in interstate or foreign 
                commerce, with intent to commit any crime of violence 
                to further any unlawful activity; and
                    ``(B) after travel or use of the mail or any 
                facility in interstate or foreign commerce described in 
                subparagraph (A), commits, attempts to commit, or 
                conspires to commit any crime of violence to further 
                any unlawful activity,
        shall be fined under this title, imprisoned for not more than 
        20 years, or both, and if death results shall be sentenced to 
        death or be imprisoned for any term of years or for life.
    ``(b) Definitions.--In this section:
            ``(1) Controlled substance.--The term `controlled 
        substance' has the meaning given that term in section 102(6) of 
        the Controlled Substances Act (21 U.S.C. 802(6)).
            ``(2) State.--The term `State' means a State of the United 
        States, the District of Columbia, and any commonwealth, 
        territory, or possession of the United States.
            ``(3) Unlawful activity.--The term `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; 
                or
                    ``(C) any act that is indictable under section 1956 
                or 1957 of this title or under subchapter II of chapter 
                53 of title 31, United States Code.''.
    (b) Amendment of Sentencing Guidelines.--
            (1) In general.--Pursuant to its authority under section 
        994(p) of title 28, United States Code, the United States 
        Sentencing Commission shall amend chapter 2 of the Federal 
        Sentencing 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, 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. 707. GANG-RELATED WITNESS INTIMIDATION AND RETALIATION.

    (a) Interstate Travel to Engage in Witness Intimidation or 
Obstruction of Justice.--Section 1952 of title 18, United States Code, 
is amended--
            (1) by redesignating subsections (b) and (c) as subsections 
        (c) and (d), respectively; and
            (2) by inserting after subsection (a) the following:
    ``(b) Whoever travels in interstate or foreign commerce with intent 
by 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, and thereafter engages or 
endeavors to engage in such conduct, shall be fined under this title or 
imprisoned not more than 10 years, or both; and if serious bodily 
injury (as defined in section 1365 of this title) results, shall be so 
fined or imprisoned for not more than 20 years, or both; and if death 
results, shall be so fined and imprisoned for any term of years or for 
life, or both, and may be sentenced to death.''.
    (b) Conspiracy Penalty for Obstruction of Justice Offenses 
Involving Victims, Witnesses, and Informants.--Section 1512 of title 
18, United States Code, is amended by adding at the end the following:
    ``(j) Whoever conspires to commit any offense defined in this 
section or section 1513 of this title shall be subject to the same 
penalties as those prescribed for the offense the commission of which 
was the object of the conspiracy.''.
    (c) Witness Relocation Survey and Training Program.--
            (1) Survey.--The Attorney General shall survey all State 
        and selected local witness protection and relocation programs 
        to determine the extent and nature of such programs and the 
        training needs of those programs. Not later than 270 days after 
        the date of the enactment of this section, the Attorney General 
        shall report the results of this survey to Congress.
            (2) Training.--Based on the results of such survey, the 
        Attorney General shall make available to State and local law 
        enforcement agencies training to assist those law enforcement 
        agencies in developing and managing witness protection and 
        relocation programs.
            (3) Authorization of appropriations.--There are authorized 
        to be appropriated to carry out paragraphs (1) and (2) for 
        fiscal year 2000 not to exceed $500,000.
    (d) Federal-State Coordination and Cooperation Regarding 
Notification of Interstate Witness Relocation.--
            (1) Attorney general to promote interstate coordination.--
        The Attorney General shall engage in activities, including the 
        establishment of a model Memorandum of Understanding under 
        paragraph (2), which promote coordination among State and local 
        witness interstate relocation programs.
            (2) Model memorandum of understanding.--The Attorney 
        General shall establish a model Memorandum of Understanding for 
        States and localities that engage in interstate witness 
        relocation. Such a model Memorandum of Understanding shall 
        include a requirement that notice be provided to the 
        jurisdiction to which the relocation has been made by the State 
        or local law enforcement agency that relocates a witness to 
        another State who has been arrested for or convicted of a crime 
        of violence as described in section 16 of title 18, United 
        States Code.
            (3) Byrne grant assistance.--The Attorney General is 
        authorized to expend up to 10 percent of the total amount 
        appropriated under section 511 of subpart 2 of part E of the 
        Omnibus Crime Control and Safe Streets Act of 1968 for purposes 
        of making grants pursuant to section 510 of that Act to those 
        jurisdictions that have interstate witness relocation programs 
        and that have substantially followed the model Memorandum of 
        Understanding.
            (4) Guidelines and determination of eligibility.--The 
        Attorney General shall establish guidelines relating to the 
        implementation of paragraph (4) and shall determine, consistent 
        with such guidelines, which jurisdictions are eligible for 
        grants under paragraph (4).
    (d) Byrne Grants.--Section 501(b) of the Omnibus Crime Control and 
Safe Streets Act of 1968 is amended--
            (1) by striking ``and'' at the end of paragraph (25);
            (2) by striking the period at the end paragraph (26) and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(27) developing and maintaining witness security and 
        relocation programs, including providing training of personnel 
        in the effective management of such programs.''.
    (e) Definition.--As used in this section, the term ``State'' 
includes the District of Columbia, Puerto Rico, and any other 
commonwealth, territory, or possession of the United States.

                       TITLE VIII--JUVENILE GANGS

SEC. 801. SOLICITATION OR RECRUITMENT OF PERSONS IN CRIMINAL STREET 
              GANG ACTIVITY.

    (a) Prohibited Acts.--Chapter 26 of title 18, United States Code, 
is amended by adding at the end the following:
``Sec. 522. Recruitment of persons to participate in criminal street 
              gang activity
    ``(a) Prohibited Act.--It shall be unlawful for any person, to use 
any facility in, or travel in, interstate or foreign commerce, or cause 
another to do so, to recruit, solicit, induce, command, or cause 
another person to be or remain as a member of a criminal street gang, 
or conspire to do so, with the intent that the person being recruited, 
solicited, induced, commanded or caused to be or remain a member of 
such gang participate in an offense described in section 521(c).
    ``(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) Clerical Amendment.--The table of sections at the beginning of 
chapter 26 of title 18, United States Code, is amended by adding at the 
end the following new item:

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

                        TITLE IX--MATTHEW'S LAW

SEC. 901. SHORT TITLE.

    This title may be cited as ``Matthew's Law''.

SEC. 902. ENHANCED PENALTIES FOR CRIMES OF VIOLENCE AGAINST CHILDREN 
              UNDER AGE 13.

    (a) In General.--Title XVII of the Violent Crime Control and Law 
Enforcement Act of 1994 is amended by adding at the end the following:

    ``Subtitle C--Enhanced Penalties for Crimes of Violence Against 
                         Children Under Age 13

``SEC. 170301. ENHANCED PENALTIES FOR CRIMES OF VIOLENCE AGAINST 
              CHILDREN UNDER AGE 13.

    ``(a) In General.--The United States Sentencing Commission shall 
amend the Federal sentencing guidelines to provide a sentencing 
enhancement of not less than 5 levels above the offense level otherwise 
provided for a crime of violence, if the crime of violence is against a 
child.
    ``(b) Definitions.--In this section--
            ``(1) the term `crime of violence' means any crime 
        punishable by imprisonment for a term exceeding one year that 
        has as an element the use, attempted use, or threatened use of 
        physical force against the person of another; and
            ``(2) the term `child' means a person who has not attained 
        13 years of age at the time of the offense.''.
    (b) Conforming Repeal.--Section 240002 of such Act (28 U.S.C. 994 
note) is repealed.
    (c) Clerical Amendment.--The table of contents of such Act is 
amended by striking the item relating to subtitle C of title XVII and 
the items relating to sections 170301 through 170303 and inserting the 
following:

``Subtitle C--Enhanced Penalties for Crimes of Violence Against 
                            Children Under Age 13.
``Sec. 170301. Enhanced penalties for crimes of violence against 
                            children under age 13.''.

SEC. 903. FEDERAL BUREAU OF INVESTIGATION ASSISTANCE AVAILABLE TO STATE 
              OR LOCAL LAW AUTHORITIES IN INVESTIGATING POSSIBLE 
              HOMICIDES OF CHILDREN UNDER THE AGE OF 13.

    To the maximum extent practicable, the Federal Bureau of 
Investigation may provide to State and local law enforcement 
authorities such assistance as such authorities may require in 
investigating the death of an individual who has not attained 13 years 
of age under circumstances indicating that the death may have been a 
homicide.

                     TITLE X--DRUG DEALER LIABILITY

SEC. 1001. FEDERAL CAUSE OF ACTION FOR DRUG DEALER LIABILITY.

    (a) In General.--Part E of the Controlled Substances Act is amended 
by adding at the end the following:

``SEC. 521. FEDERAL CAUSE OF ACTION FOR DRUG DEALER LIABILITY.

    ``(a) In General.--Except as provided in subsection (b), any person 
who manufactures or distributes a controlled substance in a felony 
violation of this title or title III shall be liable in a civil action 
to any party harmed, directly or indirectly, by the use of that 
controlled substance.
    ``(b) Exception.--An individual user of a controlled substance may 
not bring or maintain an action under this section unless the 
individual personally discloses to narcotics enforcement authorities 
all of the information known to the individual regarding all that 
individual's sources of illegal controlled substances.''.
    (b) Clerical Amendment.--The table of sections for the 
Comprehensive Drug Abuse Prevention and Control Act of 1970 is amended 
by inserting after the time relating to section 520 the following new 
item:

``Sec. 521. Federal cause of action for drug dealer liability.''.

  TITLE XI--LIMITATION ON RECOVERY OF ATTORNEYS FEES IN CERTAIN CASES

SEC. 1101. LIMITATION ON RECOVERY OF ATTORNEYS FEES IN CERTAIN CASES.

    Section 722(b) of the Revised Statutes of the United States (42 
U.S.C. 1988(b)) is amended--
            (1) by striking ``In'' and inserting ``Except as otherwise 
        provided in this subsection, in'';
            (2) by striking ``, except that'' and inserting ``. 
        However,''; and
            (3) by adding at the end the following:``Attorneys' fees 
        under this section may not be allowed in any action claiming 
        that a public school or its agent violates the constitutional 
        prohibition against the establishment of religion by 
        permitting, facilitating, or accommodating a student's 
        religious expression.''.

                 TITLE XII--RIGHTS TO RELIGIOUS LIBERTY

SEC. 1201. FINDINGS.

    The Congress finds the following:
            (1) The Declaration of Independence declares that 
        governments are instituted to secure certain unalienable 
        rights, including life, liberty, and the pursuit of happiness, 
        with which all human beings are endowed by their Creator and to 
        which they are entitled by the laws of nature and of nature's 
        God.
            (2) The organic laws of the United States Code and the 
        constitutions of every State, using various expressions, 
        recognize God as the source of the blessings of liberty.
            (3) The First Amendment to the Constitution of the United 
        States secures rights against laws respecting an establishment 
        of religion or prohibiting the free exercise thereof made by 
        the United States Government.
            (4) The rights secured under the First Amendment have been 
        interpreted by courts of the United States Government to be 
        included among the provisions of the Fourteenth Amendment.
            (5) The Tenth Amendment reserves to the States respectively 
        the powers not delegated to the United States Government nor 
        prohibited to the States.
            (6) Disputes and doubts have arisen with respect to public 
        displays of the Ten Commandments and to other public expression 
        of religious faith.
            (7) Section 5 of the Fourteenth Amendment grants the 
        Congress power to enforce the provisions of the said amendment.
            (8) Article I, Section 8, grants the Congress power to 
        constitute tribunals inferior to the Supreme Court, and Article 
        III, Section 1, grants the Congress power to ordain and 
        establish courts in which the judicial power of the United 
        States Government shall be vested.

SEC. 1202. RELIGIOUS LIBERTY RIGHTS DECLARED.

    (a) Display of Ten Commandments.--The power to display the Ten 
Commandments on or within property owned or administered by the several 
States or political subdivisions thereof is hereby declared to be among 
the powers reserved to the States respectively.
    (b) Expression of Religious Faith.--The expression of religious 
faith by individual persons on or within property owned or administered 
by the several States or political subdivisions thereof is hereby--
            (1) declared to be among the rights secured against laws 
        respecting an establishment of religion or prohibiting the free 
        exercise of religion made or enforced by the United States 
        Government or by any department or executive or judicial 
        officer thereof; and
            (2) declared to be among the liberties of which no State 
        shall deprive any person without due process of law made in 
        pursuance of powers reserved to the States respectively.
    (c) Exercise of Judicial Power.--The courts constituted, ordained, 
and established by the Congress shall exercise the judicial power in a 
manner consistent with the foregoing declarations.

     TITLE XIII--JUVENILE CRIME CONTROL AND DELINQUENCY PREVENTION

SEC. 1301. SHORT TITLE.

    This title may be cited as the ``Juvenile Crime Control and 
Delinquency Prevention Act of 1999''.

 Subtitle A--Amendments to Juvenile Justice and Delinquency Prevention 
                              Act of 1974

SEC. 1302. FINDINGS.

    Section 101 of the Juvenile Justice and Delinquency Prevention Act 
of 1974 (42 U.S.C. 5601) is amended to read as follows:

                               ``findings

    ``Sec. 101. (a) The Congress finds the following:
            ``(1) There has been a dramatic increase in juvenile 
        delinquency, particularly violent crime committed by juveniles. 
        Weapons offenses and homicides are two of the fastest growing 
        crimes committed by juveniles. More than one-half of juvenile 
        victims are killed with a firearm. Approximately one-fifth of 
        the individuals arrested for committing violent crime are less 
        than 18 years of age. The increase in both the number of youth 
        below the age of 15 and females arrested for violent crime is 
        cause for concern.
            ``(2) This problem should be addressed through a 2-track 
        common sense approach that addresses the needs of individual 
        juveniles and society at large by promoting--
                    ``(A) quality prevention programs that--
                            ``(i) work with juveniles, their families, 
                        local public agencies, and community-based 
                        organizations, and take into consideration such 
                        factors as whether or not juveniles have been 
                        the victims of family violence (including child 
                        abuse and neglect); and
                            ``(ii) are designed to reduce risks and 
                        develop competencies in at-risk juveniles that 
                        will prevent, and reduce the rate of, violent 
                        delinquent behavior; and
                    ``(B) programs that assist in holding juveniles 
                accountable for their actions, including a system of 
                graduated sanctions to respond to each delinquent act, 
                requiring juveniles to make restitution, or perform 
                community service, for the damage caused by their 
                delinquent acts, and methods for increasing victim 
                satisfaction with respect to the penalties imposed on 
                juveniles for their acts.
    ``(b) Congress must act now to reform this program by focusing on 
juvenile delinquency prevention programs, as well as programs that hold 
juveniles accountable for their acts. Without true reform, the criminal 
justice system will not be able to overcome the challenges it will face 
in the coming years when the number of juveniles is expected to 
increase by 30 percent.''.

SEC. 1303. PURPOSE.

    Section 102 of the Juvenile Justice and Delinquency Prevention Act 
of 1974 (42 U.S.C. 5602) is amended to read as follows:

                               ``purposes

    ``Sec. 102. The purposes of this title and title II are--
            ``(1) to support State and local programs that prevent 
        juvenile involvement in delinquent behavior;
            ``(2) to assist State and local governments in promoting 
        public safety by encouraging accountability for acts of 
        juvenile delinquency; and
            ``(3) to assist State and local governments in addressing 
        juvenile crime through the provision of technical assistance, 
        research, training, evaluation, and the dissemination of 
        information on effective programs for combating juvenile 
        delinquency.''.

SEC. 1304. DEFINITIONS.

    Section 103 of the Juvenile Justice and Delinquency Prevention Act 
of 1974 (42 U.S.C. 5603) is amended--
            (1) in paragraph (3) by striking ``to help prevent juvenile 
        delinquency'' and inserting ``designed to reduce known risk 
        factors for juvenile delinquent behavior, provides activities 
        that build on protective factors for, and develop competencies 
        in, juveniles to prevent, and reduce the rate of, delinquent 
        juvenile behavior'';
            (2) in paragraph (4) by inserting ``title I of'' before 
        ``the Omnibus'' each place it appears;
            (3) in paragraph (7) by striking ``the Trust Territory of 
        the Pacific Islands,'';
            (4) in paragraph (9) by striking ``justice'' and inserting 
        ``crime control'';
            (5) in paragraph (12)(B) by striking ``, of any 
        nonoffender,'';
            (6) in paragraph (13)(B) by striking ``, any non-
        offender,'';
            (7) in paragraph (14) by inserting ``drug trafficking,'' 
        after ``assault,'';
            (8) in paragraph (16)--
                    (A) in subparagraph (A) by adding ``and'' at the 
                end; and
                    (B) by striking subparagraph (C);
            (9) by striking paragraph (17);
            (10) in paragraph (22)--
                    (A) by redesignating subparagraphs (i), (ii), and 
                (iii) as subparagraphs (A), (B), and (C), respectively; 
                and
                    (B) by striking ``and'' at the end;
            (11) in paragraph (23) by striking the period at the end 
        and inserting a semicolon;
            (12) by redesignating paragraphs (18), (19), (20), (21), 
        (22), and (23) as paragraphs (17) through (22), respectively; 
        and
            (13) by adding at the end the following:
            ``(23) the term `boot camp' means a residential facility 
        (excluding a private residence) at which there are provided--
                    ``(A) a highly regimented schedule of discipline, 
                physical training, work, drill, and ceremony 
                characteristic of military basic training.
                    ``(B) regular, remedial, special, and vocational 
                education; and
                    ``(C) counseling and treatment for substance abuse 
                and other health and mental health problems;
            ``(24) the term `graduated sanctions' means an 
        accountability-based, graduated series of sanctions (including 
        incentives and services) applicable to juveniles within the 
        juvenile justice system to hold such juveniles accountable for 
        their actions and to protect communities from the effects of 
        juvenile delinquency by providing appropriate sanctions for 
        every act for which a juvenile is adjudicated delinquent, by 
        inducing their law-abiding behavior, and by preventing their 
        subsequent involvement with the juvenile justice system;
            ``(25) 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;
            ``(26) the term `co-located facilities' means facilities 
        that are located in the same building, or are part of a related 
        complex of buildings located on the same grounds; and
            ``(27) the term `related complex of buildings' means two or 
        more buildings that share--
                    ``(A) physical features, such as walls and fences, 
                or services beyond mechanical services (heating, air 
                conditioning, water and sewer); or
                    ``(B) the specialized services that are allowable 
                under section 31.303(e)(3)(i)(C)(3) of title 28 of the 
                Code of Federal Regulations, as in effect on December 
                10, 1996.''.

SEC. 1305. NAME OF OFFICE.

    Title II of the Juvenile Justice and Delinquency Prevention Act of 
1974 (42 U.S.C. 5611 et seq.) is amended--
            (1) by amending the heading of part A to read as follows:

      ``Part A--Office of Juvenile Crime Control and Delinquency 
                             Prevention'';

            (2) in section 201(a) by striking ``Justice and Delinquency 
        Prevention'' and inserting ``Crime Control and Delinquency 
        Prevention''; and
            (3) in subsections section 299A(c)(2) by striking ``Justice 
        and Delinquency Prevention'' and inserting ``Crime Control and 
        Delinquency Prevention''.

SEC. 1306. CONCENTRATION OF FEDERAL EFFORT.

    Section 204 of the Juvenile Justice and Delinquency Prevention Act 
of 1974 (42 U.S.C. 5614) is amended--
            (1) in subsection (a)(1) by striking the last sentence;
            (2) in subsection (b)--
                    (A) in paragraph (3) by striking ``and of the 
                prospective'' and all that follows through 
                ``administered'';
                    (B) by striking paragraph (5); and
                    (C) by redesignating paragraphs (6) and (7) as 
                paragraphs (5) and (6), respectively;
            (3) in subsection (c) by striking ``and reports'' and all 
        that follows through ``this part'', and inserting ``as may be 
        appropriate to prevent the duplication of efforts, and to 
        coordinate activities, related to the prevention of juvenile 
        delinquency'';
            (4) by striking subsection (i); and
            (5) by redesignating subsection (h) as subsection (f).

SEC. 1307. COORDINATING COUNCIL ON JUVENILE JUSTICE AND DELINQUENCY 
              PREVENTION.

    Section 206 of the Juvenile Justice and Delinquency Prevention Act 
of 1974 (42 U.S.C. 5616) is repealed.

SEC. 1308. ANNUAL REPORT.

    Section 207 of the Juvenile Justice and Delinquency Prevention Act 
of 1974 (42 U.S.C. 5617) is amended--
            (1) in paragraph (2)--
                    (A) by inserting ``and'' after ``priorities,''; and
                    (B) by striking ``, and recommendations of the 
                Council'';
            (2) by striking paragraphs (4) and (5), and inserting the 
        following:
            ``(4) An evaluation of the programs funded under this title 
        and their effectiveness in reducing the incidence of juvenile 
        delinquency, particularly violent crime, committed by 
        juveniles.''; and
            (3) by redesignating such section as section 206.

SEC. 1309. ALLOCATION.

    Section 222 of the Juvenile Justice and Delinquency Prevention Act 
of 1974 (42 U.S.C. 5632) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (2)--
                            (i) in subparagraph (A)--
                                    (I) by striking ``amount, up to 
                                $400,000,'' and inserting ``amount up 
                                to $400,000'';
                                    (II) by inserting a comma after 
                                ``1992'' the first place it appears;
                                    (III) by striking ``the Trust 
                                Territory of the Pacific Islands,''; 
                                and
                                    (IV) by striking ``amount, up to 
                                $100,000,'' and inserting ``amount up 
                                to $100,000'';
                            (ii) in subparagraph (B)--
                                    (I) by striking ``(other than part 
                                D)'';
                                    (II) by striking ``or such greater 
                                amount, up to $600,000'' and all that 
                                follows through ``section 299(a) (1) 
                                and (3)'';
                                    (III) by striking ``the Trust 
                                Territory of the Pacific Islands,'';
                                    (IV) by striking ``amount, up to 
                                $100,000,'' and inserting ``amount up 
                                to $100,000''; and
                                    (V) by inserting a comma after 
                                ``1992'';
                    (B) in paragraph (3) by striking ``allot'' and 
                inserting ``allocate''; and
            (2) in subsection (b) by striking ``the Trust Territory of 
        the Pacific Islands,''.

SEC. 1310. STATE PLANS.

    Section 223 of the Juvenile Justice and Delinquency Prevention Act 
of 1974 (42 U.S.C. 5633) is amended--
            (1) in subsection (a)--
                    (A) in the second sentence by striking 
                ``challenge'' and all that follows through ``part E'', 
                and inserting ``, projects, and activities'';
                    (B) in paragraph (3)--
                            (i) by striking ``, which--'' and inserting 
                        ``that--'';
                            (ii) in subparagraph (A)--
                                    (I) by striking ``not less'' and 
                                all that follows through ``33'', and 
                                inserting ``the attorney general of the 
                                State or such other State official who 
                                has primary responsibility for 
                                overseeing the enforcement of State 
                                criminal laws, and'';
                                    (II) by inserting ``, in 
                                consultation with the attorney general 
                                of the State or such other State 
                                official who has primary responsibility 
                                for overseeing the enforcement of State 
                                criminal laws'' after ``State'';
                                    (III) in clause (i) by striking 
                                ``or the administration of juvenile 
                                justice'' and inserting ``, the 
                                administration of juvenile justice, or 
                                the reduction of juvenile 
                                delinquency'';
                                    (IV) in clause (ii) by striking 
                                ``include--'' and all that follows 
                                through the semicolon at the end of 
                                subclause (VIII), and inserting the 
                                following:
                        ``represent a multidisciplinary approach to 
                        addressing juvenile delinquency and may 
                        include--
                                    ``(I) individuals who represent 
                                units of general local government, law 
                                enforcement and juvenile justice 
                                agencies, public agencies concerned 
                                with the prevention and treatment of 
                                juvenile delinquency and with the 
                                adjudication of juveniles, 
                                representatives of juveniles, or 
                                nonprofit private organizations, 
                                particularly such organizations that 
                                serve juveniles; and
                                    ``(II) such other individuals as 
                                the chief executive officer considers 
                                to be appropriate; and''; and
                                    (V) by striking clauses (iv) and 
                                (v);
                            (iii) in subparagraph (C) by striking 
                        ``justice'' and inserting ``crime control'';
                            (iv) in subparagraph (D)--
                                    (I) in clause (i) by inserting 
                                ``and'' at the end;
                                    (II) in clause (ii) by striking 
                                ``paragraphs'' and all that follows 
                                through ``part E'', and inserting 
                                ``paragraphs (11), (12), and (13)''; 
                                and
                                    (III) by striking clause (iii); and
                            (v) in subparagraph (E) by striking 
                        ``title--'' and all that follows through 
                        ``(ii)'' and inserting ``title,'';
                    (C) in paragraph (5)--
                            (i) in the matter preceding subparagraph 
                        (A) by striking ``, other than'' and inserting 
                        ``reduced by the percentage (if any) specified 
                        by the State under the authority of paragraph 
                        (25) and excluding'' after ``section 222''; and
                            ``(ii) in subparagraph (C) by striking 
                        ``paragraphs (12)(A), (13), and (14)'' and 
                        inserting ``paragraphs (11), (12), and (13)'';
                    (D) by striking paragraph (6);
                    (E) in paragraph (7) by inserting ``, including in 
                rural areas'' before the semicolon at the end;
                    (F) in paragraph (8)--
                            (i) in subparagraph (A)--
                                    (I) by striking ``for (i)'' and all 
                                that follows through ``relevant 
                                jurisdiction'', and inserting ``for an 
                                analysis of juvenile delinquency 
                                problems in, and the juvenile 
                                delinquency control and delinquency 
                                prevention needs (including educational 
                                needs) of, the State'';
                                    (II) by striking ``justice'' the 
                                second place it appears and inserting 
                                ``crime control''; and
                                    (III) by striking ``of the 
                                jurisdiction; (ii)'' and all that 
                                follows through the semicolon at the 
                                end, and inserting ``of the State; 
                                and'';
                            (ii) by amending subparagraph (B) to read 
                        as follows:
                    ``(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, including information on how 
                        such plan is being implemented and how such 
                        services will be targeted to those juveniles in 
                        the such system who are in greatest need of 
                        such services services;''; and
                            (iii) by striking subparagraphs (C) and 
                        (D);
                    (G) by amending paragraph (9) to read as follows:
            ``(9) provide for the coordination and maximum utilization 
        of existing juvenile delinquency programs, programs operated by 
        public and private agencies and organizations, and other 
        related programs (such as education, special education, 
        recreation, health, and welfare programs) in the State;'';
                    (H) in paragraph (10)--
                            (i) in subparagraph (A)--
                                    (I) by striking ``, specifically'' 
                                and inserting ``including'';
                                    (II) by striking clause (i); and
                                    (III) redesignating clauses (ii) 
                                and (iii) as clauses (i) and (ii), 
                                respectively;
                            (ii) in subparagraph (C) by striking 
                        ``juvenile justice'' and inserting ``juvenile 
                        crime control'';
                            (iv) by amending subparagraph (D) to read 
                        as follows:
                    ``(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;'';
                            (iv) in subparagraph (E)--
                                    (I) by redesignating clause (ii) as 
                                clause (iii); and
                                    (II) by striking ``juveniles, 
                                provided'' and all that follows through 
                                ``provides; and'', and inserting the 
                                following:
                ``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'';
                            (v) by amending subparagraph (F) to read as 
                        follows:
                    ``(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;'';
                            (vi) by amending subparagraph (G) to read 
                        as follows:
                    ``(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;'';
                            (vii) in subparagraph (H) by striking 
                        ``handicapped youth'' and inserting ``juveniles 
                        with disabilities'';
                            (viii) by amending subparagraph (K) to read 
                        as follows:
                    ``(K) boot camps for juvenile offenders;'';
                            (ix) by amending subparagraph (L) to read 
                        as follows:
                    ``(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;'';
                            (x) by amending subparagraph (N) to read as 
                        follows:
                    ``(N) establishing policies and systems to 
                incorporate relevant child protective services records 
                into juvenile justice records for purposes of 
                establishing treatment plans for juvenile offenders;'';
                            (xi) in subparagraph (O)--
                                    (I) in striking ``cultural'' and 
                                inserting ``other''; and
                                    (II) by striking the period at the 
                                end and inserting a semicolon; and
                            (xii) by adding at the end the following:
                    ``(P) programs designed to prevent and to reduce 
                hate crimes committed by juveniles; and
                    ``(Q) after-school programs that provide at-risk 
                juveniles and juveniles in the juvenile justice system 
                with a range of age-appropriate activities, including 
                tutoring, mentoring, and other educational and 
                enrichment activities.'';
                    (I) by amending paragraph (12) to read as follows:
            ``(12) shall, in accordance with rules issued by the 
        Administrator, provide that--
                    ``(A) juveniles who are charged with or who have 
                committed an offense that would not be criminal if 
                committed by an adult, excluding--
                            ``(i) juveniles who are charged with or who 
                        have committed a violation of section 922(x)(2) 
                        of title 18, United States Code, or of a 
                        similar State law;
                            ``(ii) juveniles who are charged with or 
                        who have committed a violation of a valid court 
                        order; and
                            ``(iii) juveniles who are held in 
                        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;'';
                    (J) by amending paragraph (13) to read as follows:
            ``(13) provide that--
                    ``(A) juveniles alleged to be or found to be 
                delinquent, and juveniles within the purview of 
                paragraph (11), will not be detained or confined in any 
                institution in which they have regular contact, or 
                unsupervised incidental contact, with adults 
                incarcerated because such adults have been convicted of 
                a crime or are awaiting trial on criminal charges; and
                    ``(B) there is in effect in the State a policy that 
                requires individuals who work with both such juveniles 
                and such adults in co<plus-minus>-located facilities 
                have been trained and certified to work with 
                juveniles;'';
                    (K) by amending paragraph (14) to read as follows:
            ``(14) provide that no juvenile will be detained or 
        confined in any jail or lockup for adults except--
                    ``(A) juveniles who are accused of 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 in a jail or lockup--
                            ``(i) in which--
                                    ``(I) such juveniles do not have 
                                regular contact, or unsupervised 
                                incidental contact, with adults 
                                incarcerated because such adults have 
                                been convicted of a crime or are 
                                awaiting trial on criminal charges; and
                                    ``(II) there is in effect in the 
                                State a policy that requires 
                                individuals who work with both such 
                                juveniles and such adults in co-located 
                                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 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, in 
                        consultation with the counsel representing the 
                        juvenile, consents to detaining such juvenile 
                        in accordance with this subparagraph and has 
                        the right to revoke such consent at any time;
                            ``(iii) the juvenile has counsel, and the 
                        counsel representing such juvenile--
                                    ``(I) consults with the parents of 
                                the juvenile to determine the 
                                appropriate placement of the juvenile; 
                                and
                                    ``(II) has an opportunity to 
                                present the juvenile's position 
                                regarding the detention involved to the 
                                court before the court approves such 
                                detention;
                            ``(iv) the court has an opportunity to hear 
                        from the juvenile before court approval of such 
                        placement; and
                            ``(v) detaining such juvenile in accordance 
                        with this subparagraph is--
                                    ``(I) approved in advance by a 
                                court with competent jurisdiction that 
                                has determined that such placement is 
                                in the best interest of such juvenile;
                                    ``(II) required to be reviewed 
                                periodically and in the presence of the 
                                juvenile, at intervals of not more than 
                                5 days (excluding Saturdays, Sundays, 
                                and legal holidays), by such court for 
                                the duration of detention; and
                                    ``(III) for a period preceding the 
                                sentencing (if any) of such juvenile, 
                                but not to exceed a 20-day period;'';
                    (L) in paragraph (15)--
                            (i) by striking ``paragraph (12)(A), 
                        paragraph (13), and paragraph (14)'' and 
                        inserting ``paragraphs (11), (12), and (13)''; 
                        and
                            (ii) by striking ``paragraph (12)(A) and 
                        paragraph (13)'' and inserting ``paragraphs 
                        (11) and (12)'';
                    (M) in paragraph (16) by striking ``mentally, 
                emotionally, or physically handicapping conditions'' 
                and inserting ``disability'';
                    (N) by amending paragraph (19) to read as follows:
            ``(19) provide assurances that--
                    ``(A) any assistance provided under this Act will 
                not cause the displacement (including a partial 
                displacement, such as a reduction in the hours of 
                nonovertime work, wages, or 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;'';
                    (O) in paragraph (22) by inserting before the 
                semicolon, the following:
        ``; and that the State will not expend funds to carry out a 
        program referred to in subparagraph (A), (B), or (C) of 
        paragraph (5) if the recipient of funds who carried out such 
        program during the preceding 2-year period fails to 
        demonstrate, before the expiration of such 2-year period, that 
        such program achieved substantial success in achieving the 
        goals specified in the application submitted such recipient to 
        the State agency'';
                    (P) by amending paragraph (23) to read as follows:
            ``(23) address juvenile delinquency prevention efforts and 
        system improvement efforts designed to reduce, without 
        establishing or requiring numerical standards or quotas, the 
        disproportionate number of juvenile members of minority groups, 
        who come into contact with the juvenile justice system;'';
                    (Q) by amending paragraph (24) to read as follows:
            ``(24) provide that if a juvenile is taken into custody for 
        violating a valid court order issued for committing a status 
        offense--
                    ``(A) an appropriate public agency shall be 
                promptly notified that such juvenile is held in custody 
                for violating such order;
                    ``(B) not later than 24 hours during which such 
                juvenile is so held, an authorized 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;'';
                    (R) in paragraph (25) by striking the period at the 
                end and inserting a semicolon;
                    (S) by redesignating paragraphs (7) through (25) as 
                paragraphs (6) through (24), respectively; and
                    (T) by adding at the end the following:
            ``(25) specify a percentage (if any), not to exceed 5 
        percent, of funds received by the State under section 222 
        (other than funds made available to the state advisory group 
        under section 222(d)) that the State will reserve for 
        expenditure by the State to provide incentive grants to units 
        of general local government that reduce the caseload of 
        probation officers within such units; and
            ``(26) provide that the State, to the maximum extent 
        practicable, will implement a system to ensure that if a 
        juvenile is before a court in the juvenile 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.''; and
            (2) by amending subsection (c) to read as follows:
    ``(c) If a State fails to comply with any of the applicable 
requirements of paragraphs (11), (12), (13), and (23) of subsection (a) 
in any fiscal year beginning after September 30, 1999, then the amount 
allocated to such State for the subsequent fiscal year shall be reduced 
by not to exceed 12.5 percent for each such paragraph with respect to 
which the failure occurs, unless the Administrator determines that the 
State--
            ``(1) has achieved substantial compliance with such 
        applicable requirements with respect to which the State was not 
        in compliance; and
            ``(2) has made, through appropriate executive or 
        legislative action, an unequivocal commitment to achieving full 
        compliance with such applicable requirements within a 
        reasonable time.''; and
            (3) in subsection (d)--
                    (A) by striking ``allotment'' and inserting 
                ``allocation''; and
                    (B) by striking ``subsection (a) (12)(A), (13), 
                (14) and (23)'' each place it appears and inserting 
                ``paragraphs (11), (12), (13), and (23) of subsection 
                (a)''.

SEC. 1311. JUVENILE DELINQUENCY PREVENTION BLOCK GRANT PROGRAM.

    Title II of the Juvenile Justice and Delinquency Prevention Act of 
1974 (42 U.S.C. 5611 et seq.) is amended--
            (1) by striking parts C, D, E, F, G, and H;
            (2) by striking the first part I;
            (3) by redesignating the second part I as part F; and
            (4) by inserting after part B the following:

     ``PART C--JUVENILE DELINQUENCY PREVENTION BLOCK GRANT PROGRAM

``SEC. 241. AUTHORITY TO MAKE GRANTS.

    ``The Administrator may make grants to eligible States, from funds 
allocated under section 242, for the purpose of providing financial 
assistance to eligible entities to carry out projects designed to 
prevent juvenile delinquency, including--
            ``(1) projects that provide treatment (including treatment 
        for mental health problems) to juvenile offenders, and 
        juveniles who are at risk of becoming juvenile offenders, who 
        are victims of child abuse or neglect or who have experienced 
        violence in their homes, at school, or in the community, and to 
        their families, in order to reduce the likelihood that such 
        juveniles will commit violations of law;
            ``(2) 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) which assist law enforcement personnel and 
                juvenile justice personnel to more effectively 
                recognize and provide for learning-disabled and other 
                juveniles with disabilities;
                    ``(G) which develop locally coordinated policies 
                and programs among education, juvenile justice, and 
                social service agencies; or
                    ``(H) to provide services to juvenile with serious 
                mental and emotional disturbances (SED) in need of 
                mental health services;
            ``(3) projects which expand the use of probation officers--
                    ``(A) particularly for the purpose of permitting 
                nonviolent juvenile offenders (including status 
                offenders) to remain at home with their families as an 
                alternative to incarceration or institutionalization; 
                and
                    ``(B) to ensure that juveniles follow the terms of 
                their probation;
            ``(4) 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, and adults working for 
        community-based organizations and agencies) who are properly 
        screened and trained;
            ``(5) community-based projects and services (including 
        literacy and social service programs) which work with juvenile 
        offenders and juveniles who are at risk of becoming 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 be retained in their homes, and to prevent the 
        involvement of other juvenile family members in delinquent 
        activities;
            ``(6) projects designed to provide for the treatment 
        (including mental health services) of juveniles for dependence 
        on or abuse of alcohol, drugs, or other harmful substances;
            ``(7) projects which leverage funds to provide scholarships 
        for postsecondary education and training for low-income 
        juveniles who reside in neighborhoods with high rates of 
        poverty, violence, and drug-related crimes;
            ``(8) projects which provide for an initial intake 
        screening of each juvenile taken into custody--
                    ``(A) to determine the likelihood that such 
                juvenile will commit a subsequent offense; and
                    ``(B) to provide appropriate interventions 
                (including mental health services) to prevent such 
                juvenile from committing subsequent offenses;
            ``(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;
            ``(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, courts, law enforcement agencies, 
        child protection agencies, mental health agencies, welfare 
        services, health care agencies, private nonprofit agencies, and 
        public recreation agencies offering services to juveniles;
            ``(11) to develop, implement, and support, in conjunction 
        with public and private agencies, 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 which involve 
        youth clubs, sports, recreation and parks, peer counseling and 
        teaching, the arts, leadership development, community service, 
        volunteer service, before- and after-school programs, violence 
        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) programs that encourage social competencies, 
        problem-solving skills, and communication skills, youth 
        leadership, and civic involvement;
            ``(15) programs that focus on the needs of young girls at-
        risk of delinquency or status offenses;
            ``(16) projects which provide for--
                    ``(A) an assessment by a qualified mental health 
                professional of incarcerated juveniles who are 
                suspected to be in need of mental health services;
                    ``(B) the development of an individualized 
                treatment plan for those incarcerated juveniles 
                determined to be in need of such services;
                    ``(C) the inclusion of a discharge plan for 
                incarcerated juveniles receiving mental health services 
                that addresses aftercare services; and
                    ``(D) all juveniles receiving psychotropic 
                medications to be under the care of a licensed mental 
                health professional;
            ``(17) after-school programs that provide at-risk juveniles 
        and juveniles in the juvenile justice system with a range of 
        age-appropriate activities, including tutoring, mentoring, and 
        other educational and enrichment activities;
            ``(18) programs related to the establishment and 
        maintenance of a school violence hotline, based on a public-
        private partnership, that students and parents can use to 
        report suspicious, violent, or threatening behavior to local 
        school and law enforcement authorities;
            ``(19) programs (excluding programs to purchase guns from 
        juveniles) designed to reduce the unlawful acquisition and 
        illegal use of guns by juveniles, including partnerships 
        between law enforcement agencies, health professionals, school 
        officials, firearms manufacturers, consumer groups, faith-based 
        groups and community organizations; and
            ``(20) other activities that are likely to prevent juvenile 
        delinquency.

``SEC. 242. ALLOCATION.

    ``Funds appropriated to carry out this part shall be allocated 
among eligible States proportionately based on the population that is 
less than 18 years of age in the eligible States.

``SEC. 243. ELIGIBILITY OF STATES.

    ``(a) Application.--To be eligible to receive a grant under section 
241, a State shall submit to the Administrator an application that 
contains the following:
            ``(1) An assurance that the State will use--
                    ``(A) not more than 5 percent of such grant, in the 
                aggregate, for--
                            ``(i) the costs incurred by the State to 
                        carry out this part; and
                            ``(ii) to evaluate, and provide technical 
                        assistance relating to, projects and activities 
                        carried out with funds provided under this 
                        part; and
                    ``(B) the remainder of such grant to make grants 
                under section 244.
            ``(2) An assurance that, and a detailed description of how, 
        such grant will support, and not supplant State and local 
        efforts to prevent juvenile delinquency.
            ``(3) An assurance that such application was prepared after 
        consultation with and participation by community-based 
        organizations, and organizations in the local juvenile justice 
        system, that carry out programs, projects, or activities to 
        prevent juvenile delinquency.
            ``(4) An assurance that each eligible entity described in 
        section 244 that receives an initial grant under section 244 to 
        carry out a project or activity shall also receive an assurance 
        from the State that such entity will receive from the State, 
        for the 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 section 241 by the State for such 
        subsequent fiscal year, but that does not exceed the amount 
        specified for such subsequent fiscal year in such application 
        as approved by the State.
            ``(5) Such other information and assurances as the 
        Administrator may reasonably require by rule.
    ``(b) Approval of Applications.--
            ``(1) Approval required.--Subject to paragraph (2), the 
        Administrator shall approve an application, and amendments to 
        such application submitted in subsequent fiscal years, that 
        satisfy the requirements of subsection (a).
            ``(2) Limitation.--The Administrator may not approve such 
        application (including amendments to such application) for a 
        fiscal year unless--
                    ``(A)(i) the State submitted a plan under section 
                223 for such fiscal year; and
                    ``(ii) such plan is approved by the Administrator 
                for such fiscal year; or
                    ``(B) the Administrator waives the application of 
                subparagraph (A) to such State for such fiscal year, 
                after finding good cause for such a waiver.

``SEC. 244. GRANTS FOR LOCAL PROJECTS.

    ``(a) Grants by States.--Using a grant received under section 241, 
a State may make grants to eligible entities whose applications are 
received by the State to carry out projects and activities described in 
section 241.
    ``(b) Special Consideration.--For purposes of making grants under 
subsection (a), the State shall give special consideration to eligible 
entities that--
            ``(1) propose to carry out such projects in geographical 
        areas in which there is--
                    ``(A) a disproportionately high level of serious 
                crime committed by juveniles; or
                    ``(B) a recent rapid increase in the number of 
                nonstatus offenses committed by juveniles;
            ``(2)(A) agreed to carry out such projects or activities 
        that are multidisciplinary and involve more than two private 
        nonprofit agencies, organizations, and institutions that have 
        experience dealing with juveniles; or
            ``(B) represent communities that have a 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
            ``(3) the amount of resources (in cash or in kind) such 
        entities will provide to carry out such projects and 
        activities.

``SEC. 245. ELIGIBILITY OF ENTITIES.

    ``(a) Eligibility.--Except as provided in subsection (b), to be 
eligible to receive a grant under section 244, a unit of general 
purpose local government, acting jointly with not fewer than two 
private nonprofit agencies, organizations, and institutions that have 
experience dealing with juveniles, shall submit to the State an 
application that contains the following:
            ``(1) An assurance that such applicant will use such grant, 
        and each such grant received for the subsequent fiscal year, to 
        carry out throughout a 2-year period a project or activity 
        described in reasonable detail, and of a kind described in one 
        or more of paragraphs (1) through (14) of section 241 as 
        specified in, such application.
            ``(2) A statement of the particular goals such project or 
        activity is designed to achieve, and the methods such entity 
        will use to achieve, and assess the achievement of, each of 
        such goals.
            ``(3) A statement identifying the research (if any) such 
        entity relied on in preparing such application.
    ``(b) Limitation.--If an eligible entity that receives a grant 
under section 244 to carry out a project or activity for a 2-year 
period, and receives technical assistance from the State or the 
Administrator after requesting such 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.''.

SEC. 1312. RESEARCH; EVALUATION; TECHNICAL ASSISTANCE; TRAINING.

    Title II of the Juvenile Justice and Delinquency Prevention Act of 
1974 (42 U.S.C. 5611 et seq.) is amended by inserting after part C, as 
added by section 1311, the following:

     ``PART D--RESEARCH; EVALUATION; TECHNICAL ASSISTANCE; TRAINING

``SEC. 251. RESEARCH AND EVALUATION; STATISTICAL ANALYSES; INFORMATION 
              DISSEMINATION.

    ``(a) Research and Evaluation.--(1) The Administrator may--
            ``(A) plan and identify, after consultation with the 
        Director of the National Institute of Justice, the purposes and 
        goals of all agreements carried out with funds provided under 
        this subsection; and
            ``(B) make agreements with the National Institute of 
        Justice or, subject to the approval of the Assistant Attorney 
        General for the Office of Justice Programs, with another 
        Federal agency authorized by law to conduct research or 
        evaluation in juvenile justice matters, for the purpose of 
        providing research and evaluation relating to--
                    ``(i) the prevention, reduction, and control of 
                juvenile delinquency and serious crime committed by 
                juveniles;
                    ``(ii) the link between juvenile delinquency and 
                the incarceration of members of the families of 
                juveniles;
                    ``(iii) successful efforts to prevent first-time 
                minor offenders from committing subsequent involvement 
                in serious crime;
                    ``(iv) successful efforts to prevent recidivism;
                    ``(v) the juvenile justice system;
                    ``(vi) juvenile violence;
                    ``(vii) appropriate mental health services for 
                juveniles and youth at risk of participating in 
                delinquent activities;
                    ``(viii) reducing the proportion of juveniles 
                detained or confined in secure detention facilities, 
                secure correctional facilities, jails, and lockups who 
                are members of minority groups; and
                    ``(ix) other purposes consistent with the purposes 
                of this title and title I.
    ``(2) The Administrator shall ensure that an equitable amount of 
funds available to carry out paragraph (1)(B) is used for research and 
evaluation relating to the prevention of juvenile delinquency.
    ``(b) Statistical Analyses..--The Administrator may--
            ``(1) plan and identify, after consultation with the 
        Director of the Bureau of Justice Statistics, the purposes and 
        goals of all agreements carried out with funds provided under 
        this subsection; and
            ``(2) make agreements with the Bureau of Justice 
        Statistics, or subject to the approval of the Assistant 
        Attorney General for the Office of Justice Programs, with 
        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 
        delinquency and serious crimes committed by juveniles, to the 
        juvenile justice system, to juvenile violence, and to other 
        purposes consist with the purposes of this title and title I.
    ``(c) Competitive Selection Process.--The Administrator shall use a 
competitive process, established by rule by the Administrator, to carry 
out subsections (a) and (b).
    ``(d) Implementation of Agreements.--A Federal agency that makes an 
agreement under subsections (a)(1)(B) and (b)(2) with the Administrator 
may carry out such agreement directly or by making grants to or 
contracts with public and private agencies, institutions, and 
organizations.
    ``(e) Information Dissemination.--The Administrator may--
            ``(1) review reports and data relating to the juvenile 
        justice system in the United States and in foreign nations (as 
        appropriate), collect data and information from studies and 
        research into all aspects of juvenile delinquency (including 
        the causes, prevention, and treatment of juvenile delinquency) 
        and serious crimes committed by juveniles;
            ``(2) establish and operate, directly or by contract, a 
        clearinghouse and information center for the preparation, 
        publication, and dissemination of information relating to 
        juvenile delinquency, including State and local prevention and 
        treatment programs, plans, resources, and training and 
        technical assistance programs; and
            ``(3) make grants and contracts with public and private 
        agencies, institutions, and organizations, for the purpose of 
        disseminating information to representatives and personnel of 
        public and private agencies, including practitioners in 
        juvenile justice, law enforcement, the courts, corrections, 
        schools, and related services, in the establishment, 
        implementation, and operation of projects and activities for 
        which financial assistance is provided under this title.

``SEC. 252. TRAINING AND TECHNICAL ASSISTANCE.

    ``(a) Training.--The Administrator may--
            ``(1) develop and carry out projects for the purpose of 
        training representatives and personnel of public and private 
        agencies, including practitioners in juvenile justice, law 
        enforcement, courts, corrections, schools, and related 
        services, to carry out the purposes specified in section 102; 
        and
            ``(2) make grants to and contracts with public and private 
        agencies, institutions, and organizations for the purpose of 
        training representatives and personnel of public and private 
        agencies, including practitioners in juvenile justice, law 
        enforcement, courts, corrections, schools, and related 
        services, to carry out the purposes specified in section 102.
    ``(b) Technical Assistance.--The Administrator may--
            ``(1) develop and implement projects for the purpose of 
        providing technical assistance to representatives and personnel 
        of public and private agencies and organizations, including 
        practitioners in juvenile justice, law enforcement, courts, 
        corrections, schools, and related services, in the 
        establishment, implementation, and operation of programs, 
        projects, and activities for which financial assistance is 
        provided under this title; and
            ``(2) make grants to and contracts with public and private 
        agencies, institutions, and organizations, for the purpose of 
        providing technical assistance to representatives and personnel 
        of public and private agencies, including practitioners in 
        juvenile justice, law enforcement, courts, corrections, 
        schools, and related services, in the establishment, 
        implementation, and operation of programs, projects, and 
        activities for which financial assistance is provided under 
        this title.
    ``(c) Training and Technical Assistance to Mental Health 
Professionals and Law Enforcement Personnel.--The Administrator shall 
provide training and technical assistance to mental health 
professionals and law enforcement personnel (including public 
defenders, police officers, probation officers, judges, parole 
officials, and correctional officers) to address or to promote the 
development, testing, or demonstration of promising or innovative 
models, programs, or delivery systems that address the needs of 
juveniles who are alleged or adjudicated delinquent and who, as a 
result of such status, are placed in secure detention or confinement or 
in nonsecure residential placements.''.

SEC. 1313. DEMONSTRATION PROJECTS.

    Title II of the Juvenile Justice and Delinquency Prevention Act of 
1974 (42 U.S.C. 5611 et seq.) is amended by inserting after part D, as 
added by section 1312, the following:

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

``SEC. 261. GRANTS AND PROJECTS.

    ``(a) Authority To Make Grants.--The Administrator may make grants 
to and contracts with States, units of general 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 TECHNICAL ASSISTANCE.

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

``SEC. 263. ELIGIBILITY.

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

``SEC. 264. REPORTS.

    ``Recipients of grants made 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 such grants are made.''.

SEC. 1314. AUTHORIZATION OF APPROPRIATIONS.

    Section 299 of the Juvenile Justice and Delinquency Prevention Act 
of 1974 (42 U.S.C. 5671) is amended--
            (1) by striking subsection (e); and
            (2) by striking subsections (a), (b), and (c), and 
        inserting the following:
    ``(a) Authorization of Appropriations for Title II (Excluding Parts 
C and E).--(1) There are authorized to be appropriated to carry out 
this title such sums as may be appropriate for fiscal years 2000, 2001, 
2002, and 2003.
    ``(2) Of such sums as are appropriated for a fiscal year to carry 
out this title (other than parts C and E)--
            ``(A) not more than 5 percent shall be available to carry 
        out part A;
            ``(B) not less than 80 percent shall be available to carry 
        out part B; and
            ``(C) not more than 15 percent shall be available to carry 
        out part D.
    ``(b) Authorization of Appropriations for Part C.--There are 
authorized to be appropriated to carry out part C such sums as may be 
necessary for fiscal years 2000, 2001, 2002, and 2003.
    ``(c) Authorization of Appropriations for Part E.--There are 
authorized to be appropriated to carry out part E, and authorized to 
remain available until expended, such sums as may be necessary for 
fiscal years 2000, 2001, 2002, and 2003.''.

SEC. 1315. ADMINISTRATIVE AUTHORITY.

    Section 299A of the Juvenile Justice and Delinquency Prevention Act 
of 1974 (42 U.S.C. 5672) is amended--
            (1) in subsection (d) by striking ``as are consistent with 
        the purpose of this Act'' and inserting ``only to the extent 
        necessary to ensure that there is compliance with the specific 
        requirements of this title or to respond to requests for 
        clarification and guidance relating to such compliance''; and
            (2) by adding at the end the following:
    ``(e) If a State requires by law compliance with the requirements 
described in paragraphs (11), (12), and (13) of section 223(a), then 
for the period such law is in effect in such State such State shall be 
rebuttably presumed to satisfy such requirements.''.

SEC. 1316. USE OF FUNDS.

    Section 299C of the Juvenile Justice and Delinquency Prevention Act 
of 1974 (42 U.S.C. 5674) is amended--
            (1) in subsection (a)--
                    (A) by striking ``may be used for'';
                    (B) in paragraph (1) by inserting ``may be used 
                for'' after ``(1)''; and
                    (C) by amending paragraph (2) to read as follows:
            ``(2) may not be used for the cost of construction of any 
        facility, except not more than 15 percent of the funds received 
        under this title by a State for a fiscal year may be used for 
        the purpose of renovating or replacing juvenile facilities.'';
            (2) by striking subsection (b); and
            (3) by redesignating subsection (c) as subsection (b).

SEC. 1317. LIMITATION ON USE OF FUNDS.

    Part F of title II of the Juvenile Justice and Delinquency 
Prevention Act of 1974 (42 U.S.C. 5671 et seq.), as so redesignated by 
section 1311, is amended by adding at the end the following:

``SEC. 299F. LIMITATION ON USE OF FUNDS.

    ``None of the funds made available to carry out this title may be 
used to advocate for, or support, the unsecured release of juveniles 
who are charged with a violent crime.''.

SEC. 1318. RULES OF CONSTRUCTION.

    Part F of title II of the Juvenile Justice and Delinquency 
Prevention Act of 1974 (42 U.S.C. 5671 et seq.), as so redesignated by 
section 1311 and amended by section 1317, is amended adding at the end 
the following:

``SEC. 299G. RULES OF CONSTRUCTION.

    ``Nothing in this title or title I shall be construed--
            ``(1) to prevent financial assistance from being awarded 
        through grants under this title to any otherwise eligible 
        organization; or
            ``(2) to modify or affect any Federal or State law relating 
        to collective bargaining rights of employees.''.

SEC. 1319. LEASING SURPLUS FEDERAL PROPERTY.

    Part F of title II of the Juvenile Justice and Delinquency 
Prevention Act of 1974 (42 U.S.C. 5671 et seq.), as so redesignated by 
section 1311 and amended by sections 1317 and 1318, is amended adding 
at the end the following:

``SEC. 299H. LEASING SURPLUS FEDERAL PROPERTY.

    ``The Administrator may receive surplus Federal property (including 
facilities) and may lease such property to States and units of general 
local government for use in or as facilities for juvenile offenders, or 
for use in or as facilities for delinquency prevention and treatment 
activities.''.

SEC. 1320. ISSUANCE OF RULES.

    Part F of title II or the Juvenile Justice and Delinquency 
Prevention Act of 1974 (42 U.S.C. 5671 et seq.), as so redesignated by 
section 1311 and amended by sections 1317, 1318, and 1319, is amended 
adding at the end the following:

``SEC. 299I. ISSUANCE OF RULES.

    ``The Administrator shall issue rules to carry out this title, 
including rules that establish procedures and methods for making grants 
and contracts, and distributing funds available, to carry out this 
title.''.

SEC. 1321. CONTENT OF MATERIALS.

    Part F of title II of the Juvenile Justice and Delinquency 
Prevention Act of 1974 (42 U.S.C. 5671 et seq.), as so redesignated by 
section 1311 and amended by sections 1317, 1318, 1319, and 1320, is 
amended by adding at the end the following:

``SEC. 299J. CONTENT OF MATERIALS.

    ``Materials produced, procured, or distributed using funds 
appropriated to carry out this Act, for the purpose of preventing hate 
crimes should be respectful of the diversity of deeply held religious 
beliefs and shall make it clear that for most people religious faith is 
not associated with prejudice and intolerance.''.

SEC. 1322. TECHNICAL AND CONFORMING AMENDMENTS.

    (a) Technical Amendments.--The Juvenile Justice and Delinquency 
Prevention Act of 1974 (42 U.S.C. 5601 et seq.) is amended--
            (1) in section 202(b) by striking ``prescribed for GS-18 of 
        the General Schedule by section 5332'' and inserting ``payable 
        under section 5376'';
            (2) in section 221(b)(2) by striking the last sentence;
            (3) in section 299D by striking subsection (d); and
            (4) by striking titles IV and V, as originally enacted by 
        Public Law 93-415 (88 Stat. 1132-1143).
    (b) Conforming Amendments.--(1) Section 5315 of title 5, United 
States Code is amended by striking ``Office of Juvenile Justice and 
Delinquency Prevention'' and inserting ``Office of Juvenile Crime 
Control and Delinquency Prevention''.
    (2) Section 4351(b) of title 18 of the United States Code is 
amended by striking ``Office of Juvenile Justice and Delinquency 
Prevention'' and inserting ``Office of Juvenile Crime Control and 
Delinquency Prevention''.
    (3) Subsections (a)(1) and (c) of section 3220 of title 39 of the 
United States Code is amended by striking ``Office of Juvenile Justice 
and Delinquency Prevention'' each place it appears and inserting 
``Office of Juvenile Crime Control and Delinquency Prevention''.
    (4) Section 463(f) of the Social Security Act (42 U.S.C. 663(f)) is 
amended by striking ``Office of Juvenile Justice and Delinquency 
Prevention'' and inserting ``Office of Juvenile Crime Control and 
Delinquency 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 Delinquency Prevention''.
    (6) The Victims of Child Abuse Act of 1990 (42 U.S.C. 13001 et 
seq.) is amended--
            (A) in section 214(b(1) by striking ``262, 293, and 296 of 
        subpart II of title II'' and inserting ``299B and 299E'';
            (B) in section 214A(c)(1) by striking ``262, 293, and 296 
        of subpart II of title II'' and inserting ``299B and 299E'';
            (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 
        Delinquency Prevention''; and
            (D) in section 223(c) by striking ``section 262, 293, and 
        296'' and inserting ``sections 262, 299B, and 299E''.
    (7) The Missing Children's Assistance Act (42 U.S.C. 5771 et seq.) 
is amended--
            (A) in section 403(2) by striking ``Justice and Delinquency 
        Prevention'' and inserting ``Crime 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''.

SEC. 1323. REFERENCES.

    In any Federal law (excluding this title and the Acts amended by 
this title), Executive order, rule, regulation, order, delegation of 
authority, grant, contract, suit, or document--
            (1) a reference to the Office of Juvenile Justice and 
        Delinquency Prevention shall be deemed to include a reference 
        to the Office of Juvenile Crime Control and Delinquency 
        Prevention; and
            (2) a reference to the National Institute for Juvenile 
        Justice and Delinquency Prevention shall be deemed to include a 
        reference to Office of Juvenile Crime Control and Delinquency 
        Prevention.

      Subtitle B--Amendments to the Runaway and Homeless Youth Act

SEC. 1331. RUNAWAY AND HOMELESS YOUTH.

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

``SEC. 313. APPROVAL OF APPLICATIONS.

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

``SEC. 341. COORDINATION.

    ``With respect to matters relating to the health, education, 
employment, and housing of runaway and homeless youth, the Secretary--
            ``(1) in conjunction with the Attorney General, shall 
        coordinate the activities of agencies of the Department of 
        Health and Human Services with activities under any other 
        Federal juvenile crime control, prevention, and juvenile 
        offender accountability program and with the activities of 
        other Federal entities; and
            ``(2) shall coordinate the activities of agencies of the 
        Department of Health and Human Services with the activities of 
        other Federal entities and with the activities of entities that 
        are eligible to receive grants under this title.''.
    (h) Authority To Make Grants for Research, Evaluation, 
Demonstration, and Service Projects.--Section 343 of the Runaway and 
Homeless Youth Act (42 U.S.C. 5714-23) is amended--
            (1) in the section heading, by inserting ``evaluation,'' 
        after ``research,'';
            (2) in subsection (a), by inserting ``evaluation,'' after 
        ``research,''; and
            (3) in subsection (b)--
                    (A) by striking paragraph (2); and
                    (B) by redesignating paragraphs (3) through (10) as 
                paragraphs (2) through (9), respectively.
    (i) Study.--Part D of the Runaway and Homeless Youth Act (42 U.S.C. 
5731 et seq.) is amended by adding after section 344 the following:

``SEC. 345. STUDY

    ``The Secretary shall conduct a study of a representative sample of 
runaways to determine the percent who leave home because of sexual 
abuse. The report on the study shall include--
            ``(1) in the case of sexual abuse , the relationship of the 
        assaulter to the runaway; and
            ``(2) recommendations on how Federal laws may be changed to 
        reduce sexual assaults on children.
The study shall be completed to enable the Secretary to make a report 
to the committees of Congress with jurisdiction over this Act, and to 
make such report available to the public, within one year of the date 
of the enactment of this section.''
    (j) Assistance to Potential Grantees.--Section 371 of the Runaway 
and Homeless Youth Act (42 U.S.C. 5714a) is amended by striking the 
last sentence.
    (k) Reports.--Section 381 of the Runaway and Homeless Youth Act (42 
U.S.C. 5715) is amended to read as follows:

``SEC. 381. REPORTS.

    ``(a) In General.--Not later than April 1, 2000, and biennially 
thereafter, the Secretary shall submit, to the Committee on Education 
and the Workforce of the House of Representatives and the Committee on 
the 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.''.
    (l) Evaluation.--Section 384 of the Runaway and Homeless Youth Act 
(42 U.S.C. 5732) is amended to read as follows:

``SEC. 386. EVALUATION AND INFORMATION.

    ``(a) In General.--If a grantee receives grants for 3 consecutive 
fiscal years under part A, B, C, D, or E (in the alternative), then the 
Secretary shall evaluate such 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 384; 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.''.
    (m) Authorization of Appropriations.--Section 385 of the Runaway 
and Homeless Youth Act (42 U.S.C. 5751) is amended to read as follows:

``SEC. 388. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) In General.--
            ``(1) Authorization.--There is authorized to be 
        appropriated to carry out this title (other than part E) such 
        sums as may be necessary for fiscal years 2000, 2001, 2002, and 
        2003.
            ``(2) Allocation.--
                    ``(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.''.
    (n) Sexual Abuse Prevention Program.--
            (1) Authority for program.--The Runaway and Homeless Youth 
        Act (42 U.S.C. 5701 et seq.) is amended--
                    (A) by striking the heading for part F;
                    (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 (m) 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, and 2003.''.
    (o) Consolidated Review of Applications.--The Runaway and Homeless 
Youth Act (42 U.S.C. 5701 et seq.) is amended by inserting after 
section 383 the following:

``SEC. 385. CONSOLIDATED REVIEW OF APPLICATIONS.

    ``With respect to funds available to carry out parts A, B, C, D, 
and E, nothing in this title shall be construed to prohibit the 
Secretary from--
            ``(1) announcing, in a single announcement, the 
        availability of funds for grants under two or more of such 
        parts; and
            ``(2) reviewing applications for grants under two or more 
        of such parts in a single, consolidated application review 
        process.''.
    (p) Definitions.--The Runaway and Homeless Youth Act (42 U.S.C. 
5701 et seq.) is amended by inserting after section 386, as amended by 
subsection (l) 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.''.
    (q) Redesignation of Sections.--Sections 371, 372, 381, 382, and 
383 of the Runaway and Homeless Youth Act (42 U.S.C. 5714b-5851 et 
seq.), as amended by this title, are redesignated as sections 380, 381, 
382, 383, and 384, respectively.
    (r) Technical Amendments.--The Runaway and Homeless Youth Act (42 
U.S.C. 5701 et seq.) is amended--
            (1) in section 331, in the first sentence, by striking 
        ``With'' and all that follows through ``the Secretary'', and 
        inserting ``The Secretary''; and
            (2) in section 344(a)(1), by striking ``With'' and all that 
        follows through ``the Secretary'', and inserting ``The 
        Secretary''.

 Subtitle C--Repeal of Title V Relating to Incentive Grants for Local 
                    Delinquency Prevention Programs

SEC. 1341. REPEALER.

    Title V of the Juvenile Justice and Delinquency Prevention Act of 
1974 (42 U.S.C. 5681 et seq.), as added by Public Law 102-586, is 
repealed.

    Subtitle D--Amendments to the Missing Children's Assistance Act

SEC. 1351. 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 a semicolon; 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 one of only 10 of 300 major national 
        charities given an A+ grade in 1997 by the American Institute 
        of Philanthropy; and
            ``(21) the Center has been redesignated as the Nation's 
        missing children clearinghouse and resource center once every 3 
        years through a competitive 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, and 2003.
    ``(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 2003''.

                  Subtitle E--Studies and Evaluations

SEC. 1361. STUDY OF SCHOOL VIOLENCE.

    (a) Contract for Study.--Not later than 60 days after the date of 
the enactment of this Act, the Secretary of Education shall enter into 
a contract with the National Academy of Sciences for the purposes of 
conducting a study regarding the antecedents of school violence in 
urban, suburban, and rural schools, including the incidents of school 
violence that occurred in Pearl, Mississippi; Paducah, Kentucky; 
Jonesboro, Arkansas; Springfield, Oregon; Edinboro, Pennsylvania; 
Fayetteville, Tennessee; Littleton, Colorado; and Conyers, Georgia. 
Under the terms of such contract, the National Academy of Sciences 
shall appoint a panel that will--
            (1) review the relevant research about adolescent violence 
        in general and school violence in particular, including the 
        existing longitudinal and cross-sectional studies on youth that 
        are relevant to examining violent behavior;
            (2) relate what can be learned from past and current 
        research and surveys to specific incidents of school shootings;
            (3) interview relevant individuals, if possible, such as 
        the perpetrators of such incidents, their families, their 
        friends, their teachers, mental health providers, and others; 
        and
            (4) give particular attention to such issues as--
                    (A) the perpetrators' early development, the 
                relationship with their families, community and school 
                experiences, and utilization of mental health services;
                    (B) the relationship between perpetrators and their 
                victims;
                    (C) how the perpetrators gained access to firearms;
                    (D) the impact of cultural influences and exposure 
                to the media, video games, and the Internet; and
                    (E) such other issues as the panel deems important 
                or relevant to the purpose of the study.
The National Academy of Sciences shall utilize professionals with 
expertise in such issues, including psychiatrists, social workers, 
behavioral and social scientists, practitioners, epidemiologists, 
statisticians, and methodologists.
    (b) Report.--The National Academy of Sciences shall submit a report 
containing the results of the study required by subsection (a), to the 
Speaker of the House of Representatives, the President pro tempore of 
the Senate, the Chair and ranking minority Member of the Committee on 
Education and the Workforce of the House of Representatives, and the 
Chair and ranking minority Member of the Committee on Health, 
Education, Labor, and Pensions of the Senate, not later than January 1, 
2001, or 18 months after entering into the contract required by such 
subsection, whichever is earlier.
    (c) Appropriation.--Of the funds made available under Public Law 
105-277 for the Department of Education, $2.1 million shall be made 
available to carry out this section.

SEC. 1362. STUDY OF THE MENTAL HEALTH NEEDS OF JUVENILES IN SECURE OR 
              NONSECURE PLACEMENTS IN THE JUVENILE JUSTICE SYSTEM.

    (a) Study.--The Administrator of the Office of Juvenile Crime 
Control and Delinquency Prevention, in collaboration with the National 
Institute of Mental Health, shall conduct a study that includes, but is 
not limited to, all of the following:
            (1) Identification of the scope and nature of the mental 
        health problems or disorders of--
                    (A) juveniles who are alleged to be or adjudicated 
                delinquent and who, as a result of such status, have 
                been placed in secure detention or confinement or in 
                nonsecure residential placements; and
                    (B) juveniles on probation after having been 
                adjudicated delinquent and having received a 
                disposition as delinquent.
            (2) A comprehensive survey of the types of mental health 
        services that are currently being provided to such juveniles by 
        States and units of local government.
            (3) Identification of governmental entities that have 
        developed or implemented model or promising screening, 
        assessment, or treatment programs or innovative mental health 
        delivery or coordination systems, that address and meet the 
        mental health needs of such juveniles.
            (4) A review of the literature that analyzes the mental 
        health problems and needs of juveniles in the juvenile justice 
        system and that documents innovative and promising models and 
        programs that address such needs.
    (b) Report.--Not later than 18 months after the date of the 
enactment of this Act, the Administrator shall submit to the Congress, 
and broadly disseminate to individuals and entities engaged in fields 
that provide services for the benefit of juveniles or that make policy 
relating to juveniles, a report containing the results of the study 
conducted under subsection (a) and documentation identifying promising 
or innovative models or programs referred to in such subsection.

SEC. 1363. EVALUATION BY GENERAL ACCOUNTING OFFICE.

    (a) Evaluation.--Not later than October 1, 2002, the Comptroller 
General of the United States shall conduct a comprehensive analysis and 
evaluation regarding the performance of the Office of Juvenile Justice 
Delinquency and Prevention, its functions, its programs, and its grants 
under specified criteria, and shall submit the report required by 
subsection (b). In conducting the analysis and evaluation, the 
Comptroller General shall take into consideration the following factors 
to document the efficiency and public benefit of the Juvenile Justice 
and Delinquency Prevention Act of 1974 (42 U.S.C. 5601 et seq.), 
excluding the Runaway and Homeless Youth Act (42 U.S.C. 5701 et seq.) 
and the Missing Children's Assistance Act (42 U.S.C. 5771 et seq.):
            (1) The extent to which the agency has complied with the 
        provisions contained in the Government Performance and Results 
        Act of 1993 (Public Law 103-62; 107 Stat. 285).
            (2) The outcome and results of the programs carried out by 
        the Office of Juvenile Justice and Delinquency Prevention and 
        those administered -through grants by Office of Juvenile 
        Justice and Delinquency Prevention.
            (3) Whether the agency has acted outside the scope of its 
        original authority, and whether the original objectives of the 
        agency have been achieved.
            (4) Whether less restrictive or alternative methods exists 
        to carry out the functions of the agency. Whether present 
        functions or operations are impeded or enhanced by existing, 
        statutes, rules, and procedures.
            (5) The extent to which the jurisdiction of, and the 
        programs administered by, the agency duplicate or conflict with 
        the jurisdiction and programs of other agencies.
            (6) The potential benefits of consolidating programs 
        administered by the agency with similar or duplicative programs 
        of other agencies, and the potential for consolidating such 
        programs.
            (7) The number and types of beneficiaries or persons served 
        by programs carried out under the Act.
            (8) The extent to which any trends, developments, or 
        emerging conditions that are likely to affect the future nature 
        and the extent of the problems or needs the programs carried 
        out by the Act are intended to address.
            (9) The manner with which the agency seeks public input and 
        input from State and local governments on the performance of 
        the functions of the agency.
            (10) Whether the agency has worked to enact changes in the 
        law intended to benefit the public as a whole rather than the 
        specific businesses, institutions, or individuals the agency 
        regulates or funds.
            (11) The extent to which the agency grants have encouraged 
        participation by the public as a whole in making its rules and 
        decisions rather than encouraging participation solely by those 
        it regulates.
            (12) The extent to which the agency complies with section 
        552 of title 5, United States Code (commonly known as the 
        ``Freedom of Information Act'').
            (13) The impact of any regulatory, privacy, and paperwork 
        concerns resulting from the programs carried out by the agency.
            (14) The extent to which the agency has coordinated with 
        state and local governments in performing the functions of the 
        agency.
            (15) The extent to which changes are necessary in the 
        authorizing statutes of the agency in order that the functions 
        of the agency can be performed in a more efficient and 
        effective manner.
            (16) Whether greater oversight is needed of programs 
        developed with grants made by the Office of Juvenile Justice 
        and Delinquency Prevention.
    (b) Report.--The report required by subsection (a) shall--
            (1) include recommendations for legislative changes, as 
        appropriate, based on the evaluation conducted under subsection 
        (a), to be made to the Juvenile Justice and Delinquency 
        Prevention Act of 1974 (42 U.S.C. 5601 et seq.), excluding the 
        Runaway and Homeless Youth Act (42 U.S.C. 5701 et seq.) and the 
        Missing Children's Assistance Act (42 U.S.C. 5771 et seq.); and
            (2) shall be submitted, together with supporting materials, 
        to the Speaker of the House of Representatives and the 
        President pro tempore of the Senate, and made available to the 
        public.

SEC. 1364. GENERAL ACCOUNTING OFFICE REPORT.

    Not later than 1 year after the date of the enactment of this Act, 
the General Accounting Office shall transmit to Congress a report 
containing the following:
            (1) For each State, a description of the types of after-
        school programs that are available for students in kindergarten 
        through grade 12, including programs sponsored by the Boys and 
        Girls Clubs of America, the Boy Scouts of America, the Girl 
        Scouts of America, YMCAs, and athletic and other programs 
        operated by public schools and other State and local agencies.
            (2) For 15 communities selected to represent a variety of 
        regional, population, and demographic profiles, a detailed 
        analysis of all of the after-school programs that are available 
        for students in kindergarten through grade 12, including 
        programs sponsored by the Boys and Girls Clubs of America, the 
        Boy Scouts of America, the Girl Scouts of America, YMCAs, 
        mentoring programs, athletic programs, and programs operated by 
        public schools, churches, day care centers, parks, recreation 
        centers, family day care, community organizations, law 
        enforcement agencies, service providers, and for-profit and 
        nonprofit organizations.
            (3) For each State, a description of significant areas of 
        unmet need in the quality and availability of after-school 
        programs.
            (4) For each State, a description of barriers which prevent 
        or deter the participation of children in after-school 
        programs.
            (5) For each State, a description of barriers to improving 
        the quality and availability of after-school programs.
            (6) A list of activities, other than after-school programs, 
        in which students in kindergarten through grade 12 participate 
        when not in school, including jobs, volunteer opportunities, 
        and other non-school affiliated programs.
            (7) An analysis of the value of the activities listed 
        pursuant to paragraph (6) to the well-being and educational 
        development of students in kindergarten through grade 12.

SEC. 1365. BEHAVIORAL AND SOCIAL SCIENCE RESEARCH ON YOUTH VIOLENCE.

    (a) NIH Research.--The National Institutes of Health, acting 
through the Office of Behavioral and Social Sciences Research, shall 
carry out a coordinated, multi-year course of behavioral and social 
science research on the causes and prevention of youth violence.
    (b) Nature of Research.--Funds made available to the National 
Institutes of Health pursuant to this 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 one or more of the following subjects:
            (1) The etiology of youth violence.
            (2) Risk factors for youth violence.
            (3) Childhood precursors to antisocial violent behavior.
            (4) The role of peer pressure in inciting youth violence.
            (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.

                     Subtitle F--General Provisions

SEC. 1371. EFFECTIVE DATE; APPLICATION OF AMENDMENTS.

    (a) Effective Date.--Except as provided in subsection (b), this 
title and the amendments made by this title shall take effect on the 
date of the enactment of this Act.
    (b) Application of Amendments.--The amendments made by this title 
shall apply only with respect to fiscal years beginning after September 
30, 1999.

               TITLE XIV--CHILDREN'S INTERNET PROTECTION

SEC. 1401. SHORT TITLE.

    This title may be cited as the ``Children's Internet Protection 
Act''.

SEC. 1402. NO UNIVERSAL SERVICE FOR SCHOOLS OR LIBRARIES THAT FAIL TO 
              IMPLEMENT A FILTERING OR BLOCKING TECHNOLOGY FOR 
              COMPUTERS WITH INTERNET ACCESS.

    (a) In General.--Section 254 of the Communications Act of 1934 (47 
U.S.C. 254) is amended by adding at the end thereof the following:
    ``(l) Implementation of an Internet Filtering or Blocking 
Technology.--
            ``(1) In general.--An elementary school, secondary school, 
        or library that fails to provide the certification required by 
        paragraph (2) or (3), respectively, is not eligible to receive 
        or retain universal service assistance provided under 
        subsection (h)(1)(B).
            ``(2) Certification for schools.--To be eligible to receive 
        universal service assistance under subsection (h)(1)(B), an 
        elementary or secondary school shall certify to the Commission 
        that it has--
                    ``(A) selected a technology for computers with 
                Internet access to filter or block--
                            ``(i) child pornographic materials, which 
                        shall have the meaning of that term as used in 
                        sections 2252, 2252A, 2256 of title 18, United 
                        States Code;
                            ``(ii) obscene materials, which shall have 
                        the meaning of that term as used in section 
                        1460 of title 18, United States Code; and
                            ``(iii) during use by minors, materials 
                        deemed to be harmful to minors, which shall 
                        have the meaning of that term as used in 
                        section 231 of the Communications Act of 1934 
                        (47 U.S.C. 231); and
                    ``(B) installed, or will install, and uses or will 
                use, as soon as it obtains computers with Internet 
                access, a technology to filter or block such material.
            ``(3) Certification for libraries.--To be eligible to 
        receive universal service assistance under subsection 
        (h)(1)(B),a library shall certify to the Commission that it 
        has--
                    ``(A) selected a technology for computers with 
                Internet access to filter or block--
                            ``(i) child pornographic materials, which 
                        shall have the meaning of that term as used in 
                        sections 2252, 2252A, 2256 of title 18, United 
                        States Code;
                            ``(ii) obscene materials, which shall have 
                        the meaning of that term as used in section 
                        1460 of title 18, United States Code; and
                            ``(iii) during use by minors, materials 
                        deemed to be harmful to minors, which shall 
                        have the meaning of that term as used in 
                        section 231 of the Communications Act of 1934 
                        (47 U.S.C. 231); and
                    ``(B) installed, or will install, and uses or will 
                use, as soon as it obtains computers with Internet 
                access, a technology to filter or block such material.
            ``(4) Time for certification.--The certification required 
        by paragraph (2) or (3) shall be made within 30 days of the 
        date that rules are promulgated by the Federal Communications 
        Commission, or, if later, within 10 days of the date on which 
        any computer with access to the Internet is first made 
        available in the school or library for its intended use.
            ``(5) Notification of cessation; additional internet-
        accessing computer.--
                    ``(A) Cessation.--A school or library that has 
                filed the certification required by paragraph (3)(A) 
                shall notify the Commission within 10 days after the 
                date on which it ceases to use the filtering or 
                blocking technology to which the certification related.
                    ``(B) Additional internet-accessing computer.--A 
                school or library that has filed the certification 
                required by paragraph (3)(B) that adds another computer 
                with Internet access intended for use by the public 
                (including minors) shall make the certification 
                required by paragraph (3)(A) within 10 days after that 
                computer is made available for use by the public.
            ``(6) Posting of notice.--A school or library that has 
        filed a certification under paragraph (2) or (3) shall post 
        within view of the computers which are the subject of that 
        certification a notice that contains--
                    ``(A) a copy of the filter or block certification;
                    ``(B) a statement of such school's or library's 
                filtering or block policy; and
                    ``(C) information on the specific block technology 
                in use.
            ``(7) Penalty for failure to comply.--A school or library 
        that fails to meet the requirements of this subsection is 
        liable to repay immediately the full amount of all universal 
        service assistance the school or library received under 
        subsection (h)(1)(B) after the date the failure began.
            ``(8) Local determination of material to be filtered.--For 
        purposes of paragraphs (2) and (3), the determination of what 
        material is to be deemed harmful to minors shall be made by the 
        school, school board, library or other authority responsible 
        for making the required certification. No agency or 
        instrumentality of the United States Government may--
                    ``(A) establish criteria for making that 
                determination;
                    ``(B) review the determination made by the 
                certifying school, school board, library, or other 
                authority; or
                    ``(C) consider the criteria employed by the 
                certifying school, school board, library, or other 
                authority in the administration of subsection 
                (h)(1)(B).
            ``(9) No preemtion or other effect.--Nothing in this 
        subsection shall be construed--
                    ``(A) to preempt, supersede, or limit any 
                requirements that imposed by a school or library, or by 
                a political authority for a school or library, that are 
                more stringent than the requirements of this 
                subsection; or
                    ``(B) to supersede or limit otherwise applicable 
                Federal or State child pornography or obscenity 
                laws.''.
    (b) Conforming Change.--Section 254(h)(1)(B) of the Communications 
Act of 1934 (47 U.S.C. 254(h)(1)(B)) is amended by striking ``All 
telecommunications'' and inserting ``Except as provided by subsection 
(l), all telecommunications''.

SEC. 1403. FEDERAL COMMUNICATIONS COMMISSION TO ADOPT RULES WITHIN 4 
              MONTHS.

    The Federal Communications Commission shall adopt rules 
implementing section 254(l) of the Communications Act of 1934 (as added 
by this Act) within 120 days after the date of the enactment of this 
Act.

                 TITLE XV--TEACHER LIABILITY PROTECTION

SEC. 1501. SHORT TITLE.

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

SEC. 1502. 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 scope of the problems created by the 
                legitimate fears of teachers, principals and other 
                school professionals about frivolous, arbitrary or 
                capricious lawsuits against teachers is of national 
                importance; and
                    (B) millions of children and their families across 
                the Nation depend on teachers, principals and other 
                school professionals for the intellectual development 
                of 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. 1503. 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. 1504. LIMITATION ON LIABILITY FOR TEACHERS.

    (a) Liability Protection for Teachers.--Except as provided in 
subsections (b) and (c), 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) 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.
    (d) Limitation on Punitive Damages Based on the Actions of 
Teachers.--
            (1) General rule.--Punitive damages may not be awarded 
        against a teacher in an action brought for harm based on the 
        action of a teacher acting within the scope of the teacher's 
        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.
    (e) 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 (d).

SEC. 1505. 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. 1506. 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, a local school board and 
        any member of such board, and a local educational agency and 
        any employee of such agency.

SEC. 1507. EFFECTIVE DATE.

    (a) In General.--This title shall take effect 90 days after the 
date of the 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.

            Passed the House of Representatives June 17, 1999.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.