[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 254 Placed on Calendar Senate (PCS)]





                                                         Calendar No. 8

106th CONGRESS

  1st Session

                                 S. 254

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                            January 22, 1999

            Read the second time and placed on the calendar





                                                         Calendar No. 8
106th CONGRESS
  1st Session
                                 S. 254

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 20, 1999

 Mr. Hatch (for himself, Mr. Sessions, Mr. Thurmond, Mr. Abraham, Mr. 
DeWine, Mr. Ashcroft, Mr. Lott, and Mr. Hagel) introduced the following 
                  bill; which was read the first time

                            January 22, 1999

            Read the second time and placed on the calendar

_______________________________________________________________________

                                 A BILL


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

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

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

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

Sec. 201. Solicitation or recruitment of persons in criminal street 
                            gang activity.
Sec. 202. Increased penalties for using minors to distribute drugs.
Sec. 203. Penalties for use of minors in crimes of violence.
Sec. 204. Amendment of Federal sentencing guidelines with respect to 
                            body armor.
Sec. 205. High intensity interstate gang activity areas.
Sec. 206. Increasing the penalty for using physical force to tamper 
                            with witnesses, victims, or informants.
  TITLE III--JUVENILE CRIME CONTROL, ACCOUNTABILITY, AND DELINQUENCY 
                               PREVENTION

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

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

Sec. 321. Block grant program.
Sec. 322. Pilot program to promote replication of recent successful 
                            juvenile crime reduction strategies.
Sec. 323. Repeal of unnecessary and duplicative programs.
Sec. 324. Extension of Violent Crime Reduction Trust Fund.
Sec. 325. Reimbursement of States for costs of incarcerating juvenile 
                            aliens.
Sec. 326. Sense of Congress.
      Subtitle C--Alternative Education and Delinquency Prevention

Sec. 331. Alternative education.
                   TITLE IV--MISCELLANEOUS PROVISIONS

                     Subtitle A--General Provisions

Sec. 401. Prohibition on firearms possession by violent juvenile 
                            offenders.
                 Subtitle B--Jail-Based Substance Abuse

Sec. 421. Jail-based substance abuse treatment programs.

SEC. 2. FINDINGS AND PURPOSES.

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

SEC. 3. SEVERABILITY.

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

                    TITLE I--JUVENILE JUSTICE REFORM

SEC. 101. REPEAL OF GENERAL PROVISION.

    (a) In General.--Chapter 401 of title 18, United States Code, is 
amended--
            (1) by striking section 5001; and
            (2) by redesignating section 5003 as section 5001.
    (b) Conforming Amendments.--The analysis for chapter 401 of title 
18, United States Code, is amended--
            (1) by striking the items relating to sections 5001 and 
        5002; and
            (2) by redesignating the item relating to section 5003 as 
        an item relating to section 5001.

SEC. 102. TREATMENT OF FEDERAL JUVENILE OFFENDERS.

    (a) In General.--Section 5032 of title 18, United States Code, is 
amended to read as follows:
``Sec. 5032. Delinquency proceedings in district courts; juveniles 
              tried as adults; transfer for other criminal prosecution
    ``(a) In General.--
            ``(1) Delinquency proceedings in district courts.--A 
        juvenile who is alleged to have committed a Federal offense 
        shall, except as provided in paragraph (2), be tried in the 
        appropriate district court of the United States--
                    ``(A) in the case of an offense described in 
                subsection (c), and except as provided in subsection 
                (i), if the juvenile was not less than 14 years of age 
                at the time of the offense, as an adult at the 
                discretion of the United States Attorney in the 
                appropriate jurisdiction, upon certification by that 
                United States Attorney (which certification shall not 
                be subject to review in or by any court) that--
                            ``(i) there is a substantial Federal 
                        interest in the case or the offense to warrant 
                        the exercise of Federal jurisdiction; or
                            ``(ii) the ends of justice otherwise so 
                        require;
                    ``(B) in the case of a felony offense that is not 
                described in subsection (c), and except as provided in 
                subsection (i), if the juvenile was not less than 14 
                years of age at the time of the offense, as an adult, 
                upon certification by the Attorney General (which 
                certification shall not be subject to review in or by 
                any court) that--
                            ``(i) there is a substantial Federal 
                        interest in the case or the offense to warrant 
                        the exercise of Federal jurisdiction; or
                            ``(ii) the ends of justice otherwise so 
                        require;
                    ``(C) in the case of a juvenile who has, on a prior 
                occasion, been tried and convicted as an adult under 
                this section, as an adult; and
                    ``(D) in all other cases, as a juvenile.
            ``(2) Referral by united states attorney; application to 
        concurrent jurisdiction.--
                    ``(A) In general.--If the United States Attorney in 
                the appropriate jurisdiction (or in the case of an 
                offense under paragraph (1)(B), the Attorney General), 
                declines prosecution of an offense under this section, 
                the matter may be referred to the appropriate legal 
                authorities of the State or Indian tribe with 
                jurisdiction over both the offense and the juvenile.
                    ``(B) Application to concurrent jurisdiction.--The 
                United States Attorney in the appropriate jurisdiction 
                (or, in the case of an offense under paragraph (1)(B), 
                the Attorney General), in cases of concurrent 
                jurisdiction between the Federal Government and a State 
                or Indian tribe over both the offense and the juvenile, 
                shall exercise a presumption in favor of referral 
                pursuant to subparagraph (A), unless the United States 
                Attorney pursuant to paragraph (1)(A) (or the Attorney 
                General pursuant to paragraph (1)(B)) certifies (which 
                certification shall not be subject to review in or by 
                any court) that--
                            ``(i) the prosecuting authority or the 
                        juvenile court or other appropriate court of 
                        the State or Indian tribe refuses, declines, or 
                        will refuse or will decline to assume 
                        jurisdiction over the offense or the juvenile; 
                        and
                            ``(ii) there is a substantial Federal 
                        interest in the case or the offense to warrant 
                        the exercise of Federal jurisdiction.
                    ``(C) Definitions.--In this subsection:
                            ``(i) Indian tribe.--The term `Indian 
                        tribe' has the meaning given the term in 
                        section 4(e) of the Indian Self-Determination 
                        and Education Assistance Act (25 U.S.C. 
                        450b(e)).
                            ``(ii) State.--The term `State' includes a 
                        State of the United States, the District of 
                        Columbia, and any commonwealth, territory, or 
                        possession of the United States.
    ``(b) Joinder; Lesser Included Offenses.--In a prosecution under 
this section, a juvenile may be prosecuted and convicted as an adult 
for any offense that is properly joined under the Federal Rules of 
Criminal Procedure with an offense described in subsection (c), and may 
also be convicted of a lesser included offense.
    ``(c) Offenses Described.--An offense is described in this 
subsection if it is a Federal offense that--
            ``(1) is a serious violent felony or a serious drug offense 
        (as those terms are defined in section 3559(c), except that 
        section 3559(c)(3) does not apply to this subsection); or
            ``(2) is a conspiracy or an attempt to commit an offense 
        described in paragraph (1).
    ``(d) Waiver to Juvenile Status in Certain Cases; Limitations on 
Judicial Review.--
            ``(1) In general.--Except as otherwise provided in this 
        subsection, a determination to approve or not to approve, or to 
        institute or not to institute, a prosecution under subsection 
        (a)(1) shall not be reviewable in any court.
            ``(2) Determination by court on trial as adult of certain 
        juvenile.--In any prosecution of a juvenile under subsection 
        (a)(1)(A) if the juvenile was less than 16 years of age at the 
        time of the offense, or under subsection (a)(1)(B), upon motion 
        of the defendant and after a hearing, the court in which 
        criminal charges have been filed shall determine whether to 
        issue an order to provide for the transfer of the defendant to 
        juvenile status for the purposes of proceeding against the 
        defendant under subsection (a).
            ``(3) Time requirements.--A motion by a defendant under 
        paragraph (2) shall not be considered unless that motion is 
        filed not later than 20 days after the date on which the 
        defendant--
                    ``(A) initially appears through counsel; or
                    ``(B) expressly waives the right to counsel and 
                elects to proceed pro se.
            ``(4) Prohibition.--The court shall not order the transfer 
        of a defendant to juvenile status under paragraph (2) unless 
        the defendant establishes by clear and convincing evidence or 
        information that removal to juvenile status would be in the 
        interest of justice. In making a determination under paragraph 
        (2), the court may consider--
                    ``(A) the nature of the alleged offense, including 
                the extent to which the juvenile played a leadership 
                role in an organization, or otherwise influenced other 
                persons to take part in criminal activities;
                    ``(B) whether prosecution of the juvenile as an 
                adult is necessary to protect property or public 
                safety;
                    ``(C) the age and social background of the 
                juvenile;
                    ``(D) the extent and nature of the prior criminal 
                or delinquency record of the juvenile;
                    ``(E) the intellectual development and 
                psychological maturity of the juvenile;
                    ``(F) the nature of any treatment efforts and the 
                response of the juvenile to those efforts; and
                    ``(G) the availability of programs designed to 
                treat any identified behavioral problems of the 
                juvenile.
            ``(5) Status of orders.--
                    ``(A) In general.--An order of the court made in 
                ruling on a motion by a defendant to transfer a 
                defendant to juvenile status under this subsection 
                shall not be a final order for the purpose of enabling 
                an appeal, except that an appeal by the United States 
                shall lie to a court of appeals pursuant to section 
                3731 from an order of a district court removing a 
                defendant to juvenile status.
                    ``(B) Appeals.--Upon receipt of a notice of appeal 
                of an order under this paragraph, a court of appeals 
                shall hear and determine the appeal on an expedited 
                basis.
            ``(6) Inadmissibility of evidence.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), no statement made by a defendant 
                during or in connection with a hearing under this 
                subsection shall be admissible against the defendant in 
                any criminal prosecution.
                    ``(B) Exceptions.--The prohibition under 
                subparagraph (A) shall not apply, except--
                            ``(i) for impeachment purposes; or
                            ``(ii) in a prosecution for perjury or 
                        giving a false statement.
            ``(7) Rules.--The rules concerning the receipt and 
        admissibility of evidence under this subsection shall be the 
        same as prescribed in section 3142(f).
    ``(e) Applicable Procedures.--Any prosecution in a district court 
of the United States under this section--
            ``(1) in the case of a juvenile tried as an adult under 
        subsection (a), shall proceed in the same manner as is required 
        by this title and by the Federal Rules of Criminal Procedure in 
        any proceeding against an adult; and
            ``(2) in all other cases, shall proceed in accordance with 
        this chapter, unless the juvenile has requested in writing, 
        upon advice of counsel, to be proceeded against as an adult.
    ``(f) Application of Laws.--
            ``(1) Applicability of sentencing provisions.--
                    ``(A) In general.--Except as otherwise provided in 
                this chapter, in any case in which a juvenile is 
                prosecuted in a district court of the United States as 
                an adult, the juvenile shall be subject to the same 
                laws, rules, and proceedings regarding sentencing 
                (including the availability of probation, restitution, 
                fines, forfeiture, imprisonment, and supervised 
                release) that would be applicable in the case of an 
                adult, except that no person shall be subject to the 
                death penalty for an offense committed before the 
                person attains the age of 18 years.
                    ``(B) Status as adult.--No juvenile sentenced to a 
                term of imprisonment shall be released from custody on 
                the basis that the juvenile has attained the age of 18 
                years.
                    ``(C) Applicable guidelines.--Each juvenile tried 
                as an adult shall be sentenced in accordance with the 
                Federal sentencing guidelines promulgated under section 
                994(z) of title 28, United States Code, once such 
                guidelines are promulgated and take effect.
            ``(2) Applicability of mandatory restitution provisions to 
        certain juveniles.--If a juvenile is tried as an adult for any 
        offense to which the mandatory restitution provisions of 
        sections 3663A, 2248, 2259, 2264, and 2323 apply, those 
        sections shall apply to that juvenile in the same manner and to 
        the same extent as those provisions apply to adults.
    ``(g) Open Proceedings.--
            ``(1) In general.--Any offense tried or adjudicated in a 
        district court of the United States under this section shall be 
        open to the general public, in accordance with rules 10, 26, 
        31(a), and 53 of the Federal Rules of Criminal Procedure, 
unless good cause is established by the moving party or is otherwise 
found by the court, for closure.
            ``(2) Status alone insufficient.--The status of the 
        defendant as a juvenile, absent other factors, shall not 
        constitute good cause for purposes of this subsection.
    ``(h) Availability of Records.--
            ``(1) In general.--In making a determination concerning the 
        arrest or prosecution of a juvenile in a district court of the 
        United States under this section, the United States Attorney of 
        the appropriate jurisdiction, or, as appropriate, the Attorney 
        General, shall have complete access to the prior Federal 
        juvenile records of the subject juvenile and, to the extent 
        permitted by State law, the prior State juvenile records of the 
        subject juvenile.
            ``(2) Consideration of entire record.--In any case in which 
        a juvenile is found guilty or adjudicated delinquent in an 
        action under this section, the district court responsible for 
        imposing sentence shall have complete access to the prior 
        Federal juvenile records of the subject juvenile and, to the 
        extent permitted under State law, the prior State juvenile 
        records of the subject juvenile. At sentencing, the district 
        court shall consider the entire available prior juvenile record 
        of the subject juvenile.
    ``(i) Application to Indian Country.--Notwithstanding sections 1152 
and 1153, certification under subparagraph (A) or (B) of subsection 
(a)(1) shall not be made nor granted with respect to a juvenile who is 
subject to the criminal jurisdiction of an Indian tribal government if 
the juvenile is less than 15 years of age at the time of offense and is 
alleged to have committed an offense for which there would be Federal 
jurisdiction based solely on commission of the offense in Indian 
country (as defined in section 1151), unless the governing body of the 
tribe having jurisdiction over the place where the alleged offense was 
committed has, before the occurrence of the alleged offense, notified 
the Attorney General in writing of its election that prosecution as an 
adult may take place under this section.''.
    (b) Conforming Amendments.--
            (1) Chapter analysis.--The analysis for chapter 403 of 
        title 18, United States Code, is amended by striking the item 
        relating to section 5032 and inserting the following:

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

SEC. 103. DEFINITIONS.

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

SEC. 104. NOTIFICATION AFTER ARREST.

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

SEC. 105. RELEASE AND DETENTION PRIOR TO DISPOSITION.

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

SEC. 106. SPEEDY TRIAL.

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

SEC. 107. DISPOSITIONAL HEARINGS.

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

SEC. 108. USE OF JUVENILE RECORDS.

    Section 5038 of title 18, United States Code, is amended to read as 
follows:
``Sec. 5038. Use of juvenile records
    ``(a) In General.--Throughout a juvenile delinquency proceeding 
under section 5032 or 5037, the records of such proceeding shall be 
safeguarded from disclosure to unauthorized persons, and shall only be 
released to the extent necessary for purposes of--
            ``(1) compliance with section 5032(h);
            ``(2) docketing and processing by the court;
            ``(3) responding to an inquiry received from another court 
        of law;
            ``(4) responding to an inquiry from an agency preparing a 
        presentence report for another court;
            ``(5) responding to an inquiry from a law enforcement 
        agency, if the request for information is related to the 
        investigation of a crime or a position within that agency or 
        analysis requested by the Attorney General;
            ``(6) responding to a written inquiry from the director of 
        a treatment agency or the director of a facility to which the 
        juvenile has been committed by the court;
            ``(7) responding to an inquiry from an agency considering 
        the person for a position immediately and directly affecting 
        national security;
            ``(8) responding to an inquiry from any victim of such 
        juvenile delinquency or, if the victim is deceased, from a 
        member of the immediate family of the victim, related to the 
        final disposition of such juvenile by the court in accordance 
        with section 5032 or 5037, as applicable; and
            ``(9) communicating with a victim of such juvenile 
        delinquency or, in appropriate cases, with the official 
        representative of a victim, in order to--
                    ``(A) apprise the victim or representative of the 
                status or disposition of the proceeding;
                    ``(B) effectuate any other provision of law; or
                    ``(C) assist in the allocution at disposition of 
                the victim or the representative of the victim.
    ``(b) Records of Adjudication.--
            ``(1) Transmission to fbi.--Upon an adjudication of 
        delinquency under section 5032 or 5037, the court shall 
transmit to the Director of the Federal Bureau of Investigation a 
record of such adjudication.
            ``(2) Maintaining records.--The Director of the Federal 
        Bureau of Investigation shall maintain, in the central 
        repository of the Federal Bureau of Investigation, in 
        accordance with the established practices and policies relating 
        to adult criminal history records of the Federal Bureau of 
        Investigation--
                    ``(A) a fingerprint supported record of the Federal 
                adjudication of delinquency of any juvenile who commits 
                an act that, if committed by an adult, would constitute 
                the offense of murder, armed robbery, rape (except 
                statutory rape), or a felony offense involving sexual 
                molestation of a child, or a conspiracy or attempt to 
                commit any such offense, that is equivalent to, and 
                maintained and disseminated in the same manner and for 
                the same purposes, as are adult criminal history 
                records for the same offenses; and
                    ``(B) a fingerprint supported record of the Federal 
                adjudication of delinquency of any juvenile who commits 
                an act that, if committed by an adult, would be any 
                offense (other than an offense described in 
                subparagraph (A)) that is equivalent to, and maintained 
                and disseminated in the same manner, as are adult 
                criminal history records for the same offenses--
                            ``(i) for use by and within the criminal 
                        justice system for the detection, apprehension, 
                        detention, pretrial release, post-trial 
                        release, prosecution, adjudication, sentencing, 
                        disposition, correctional supervision, or 
                        rehabilitation of an accused person, criminal 
                        offender, or juvenile delinquent; and
                            ``(ii) for purposes of responding to an 
                        inquiry from an agency considering the subject 
                        of the record for a position or clearance 
                        immediately and directly affecting national 
                        security.
            ``(3) Availability of records to schools in certain 
        circumstances.--Notwithstanding paragraph (2), the Director of 
        the Federal Bureau of Investigation shall make an adjudication 
        record of a juvenile maintained pursuant to subparagraph (A) or 
        (B) of that paragraph, or conviction record described in 
        subsection (d), available to an official of an elementary, 
        secondary, or post-secondary school, in appropriate 
        circumstances (as defined by and under rules issued by the 
        Attorney General), if--
                    ``(A) the subject of the record is a student 
                enrolled at the school, or a juvenile who seeks, 
                intends, or is instructed to enroll at that school;
                    ``(B) the school official is subject to the same 
                standards and penalties under applicable Federal and 
                State law relating to the handling and disclosure of 
                information contained in juvenile adjudication records 
                as are employees of law enforcement and juvenile 
                justice agencies in the State; and
                    ``(C) information contained in the record is not 
                used for the purpose of making an admission 
                determination.
    ``(c) Notification of Rights.--A district court of the United 
States that exercises jurisdiction over a juvenile shall notify the 
juvenile, and a parent or guardian of the juvenile, in writing, and in 
clear and nontechnical language, of the rights of the juvenile relating 
to the adjudication record of the juvenile.
    ``(d) Records of Juveniles Tried as Adults.--In any case in which a 
juvenile is tried as an adult in Federal court, the Federal criminal 
record of the juvenile shall be made available in the same manner as is 
applicable to the records of adult defendants.''.

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

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

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

SEC. 110. MAGISTRATE JUDGE AUTHORITY REGARDING JUVENILE DEFENDANTS.

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

SEC. 111. FEDERAL SENTENCING GUIDELINES.

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

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

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

                        TITLE II--JUVENILE GANGS

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

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

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

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

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

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

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

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

SEC. 204. AMENDMENT OF FEDERAL SENTENCING GUIDELINES WITH RESPECT TO 
              BODY ARMOR.

    (a) Short Title.--This section may be cited as the ``James Guelff 
Body Armor Act of 1999''.
    (b) Definitions.--In this section:
            (1) Body armor.--The term ``body armor'' means any product 
        sold or offered for sale as personal protective body covering 
        intended to protect against gunfire, regardless of whether the 
        product is to be worn alone or is sold as a complement to 
        another product or garment.
            (2) Law enforcement officer.--The term ``law enforcement 
        officer'' means any officer, agent, or employee of the United 
        States, a State, or a political subdivision of a State, 
        authorized by law or by a government agency to engage in or 
        supervise the prevention, detection, investigation, or 
        prosecution of any violation of criminal law.
    (c) Sentencing Enhancement.--The United States Sentencing 
Commission shall amend the Federal sentencing guidelines to provide an 
appropriate sentencing enhancement, increasing the offense level not 
less than 2 levels, for any offense in which the defendant used body 
armor.
    (d) Applicability.--No amendment made to the Federal sentencing 
guidelines pursuant to this section shall apply if the Federal offense 
in which the body armor is used constitutes a violation of, attempted 
violation of, or conspiracy to violate the civil rights of any person 
by a law enforcement officer acting under color of the authority of 
such law enforcement officer.

SEC. 205. HIGH INTENSITY INTERSTATE GANG ACTIVITY AREAS.

    (a) Definitions.--In this section:
            (1) Governor.--The term ``Governor'' means a Governor of a 
        State or the Mayor of the District of Columbia.
            (2) High intensity interstate gang activity area.--The term 
        ``high intensity interstate gang activity area'' means an area 
        within a State that is designated as a high intensity 
        interstate gang activity area under subsection (b)(1).
            (3) State.--The term ``State'' means a State of the United 
        States or the District of Columbia.
    (b) High Intensity Interstate Gang Activity Areas.--
            (1) Designation.--The Attorney General, upon consultation 
        with the Secretary of the Treasury and the Governors of 
        appropriate States, may designate as a high intensity 
        interstate gang activity area a specified area that is 
        located--
                    (A) within a State; or
                    (B) in more than 1 State.
            (2) Assistance.--In order to provide Federal assistance to 
        a high intensity interstate gang activity area, the Attorney 
        General may--
                    (A) facilitate the establishment of a regional task 
                force, consisting of Federal, State, and local law 
                enforcement authorities, for the coordinated 
                investigation, disruption, apprehension, and 
                prosecution of criminal activities of gangs and gang 
                members in the high intensity interstate gang activity 
                area; and
                    (B) direct the detailing from any Federal 
                department or agency (subject to the approval of the 
                head of that department or agency, in the case of a 
                department or agency other than the Department of 
                Justice) of personnel to the high intensity interstate 
                gang activity area.
            (3) Criteria for designation.--In considering an area 
        (within a State or within more than 1 State) for designation as 
        a high intensity interstate gang activity area under this 
        section, the Attorney General shall consider--
                    (A) the extent to which gangs from the area are 
                involved in interstate or international criminal 
                activity;
                    (B) the extent to which the area is affected by the 
                criminal activity of gang members who--
                            (i) are located in, or have relocated from, 
                        other States; or
                            (ii) are located in, or have immigrated 
                        (legally or illegally) from, foreign countries;
                    (C) the extent to which the area is affected by the 
                criminal activity of gangs that originated in other 
                States or foreign countries;
                    (D) the extent to which State and local law 
                enforcement agencies have committed resources to 
                respond to the problem of criminal gang activity in the 
                area, as an indication of their determination to 
                respond aggressively to the problem;
                    (E) the extent to which a significant increase in 
                the allocation of Federal resources would enhance local 
                response to gang-related criminal activities in the 
                area; and
                    (F) any other criteria that the Attorney General 
                considers to be appropriate.
    (c) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated to 
        carry out this section $100,000,000 for each of fiscal years 
        1999 through 2004, to be used in accordance with paragraph (2).
            (2) Use of funds.--Of amounts made available under 
        paragraph (1) in each fiscal year--
                    (A) 75 percent shall be used to carry out 
                subsection (b)(2); and
                    (B) 25 percent shall be used to make grants for 
                community-based programs to provide crime prevention 
                and intervention services that are designed for gang 
                members and at-risk youth in areas designated pursuant 
                to this section as high intensity interstate gang 
                activity areas.
            (3) Requirement.--
                    (A) In general.--The Attorney General shall ensure 
                that not less than 10 percent of amounts made available 
                under paragraph (1) in each fiscal year are used to 
                assist rural States affected as described in 
                subparagraphs (B) and (C) of subsection (b)(3).
                    (B) Definition of rural state.--In this paragraph, 
                the term ``rural State'' has the meaning given the term 
                in section 1501(b) of title I of the Omnibus Crime 
                Control and Safe Streets Act of 1968 (42 U.S.C. 
                3796bb(b)).

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

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

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

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

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

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

             ``TITLE I--FINDINGS AND DECLARATION OF PURPOSE

``SEC. 101. FINDINGS.

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

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

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

``SEC. 103. DEFINITIONS.

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

SEC. 302. JUVENILE CRIME CONTROL AND PREVENTION.

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

           ``TITLE II--JUVENILE CRIME CONTROL AND PREVENTION

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

``SEC. 201. ESTABLISHMENT OF OFFICE.

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

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

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

``SEC. 203. VOLUNTARY SERVICE.

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

``SEC. 204. NATIONAL PROGRAM.

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

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

    ``(a) Authority To Make Grants.--The Administrator may make grants 
to eligible States in accordance with this part for the purpose of 
providing financial assistance to eligible entities to carry out 
projects designed to prevent juvenile delinquency, including--
            ``(1) educational projects or supportive services for 
        delinquent or other juveniles--
                    ``(A) to encourage juveniles to remain in 
                elementary and secondary schools or in alternative 
                learning situations in educational settings;
                    ``(B) to provide services to assist juveniles in 
                making the transition to the world of work and self-
                sufficiency;
                    ``(C) to assist in identifying learning 
                difficulties (including learning disabilities);
                    ``(D) to prevent unwarranted and arbitrary 
                suspensions and expulsions;
                    ``(E) to encourage new approaches and techniques 
                with respect to the prevention of school violence and 
                vandalism;
                    ``(F) that assist law enforcement personnel and 
                juvenile justice personnel to more effectively 
                recognize and provide for learning-disabled and other 
                disabled juveniles; or
                    ``(G) that develop locally coordinated policies and 
                programs among education, juvenile justice, and social 
                service agencies;
            ``(2) projects that use neighborhood courts or panels that 
        increase victim satisfaction and require juveniles to make 
        restitution, or perform community service, for the damage 
        caused by their delinquent acts;
            ``(3) projects 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;
            ``(4) projects that expand the use of probation officers--
                    ``(A) particularly for the purpose of permitting 
                nonviolent juvenile offenders (including status 
                offenders) to remain at home with their families as an 
                alternative to incarceration or institutionalization; 
                and
                    ``(B) to ensure that juveniles follow the terms of 
                their probation;
            ``(5) one-on-one mentoring projects that are designed to 
        link at-risk juveniles and juvenile offenders who did not 
        commit serious crime, particularly juveniles residing in high-
        crime areas and juveniles experiencing educational failure, 
        with responsible adults (such as law enforcement officers, 
        adults working with local businesses, and adults working for 
        community-based organizations and agencies) who are properly 
        screened and trained;
            ``(6) community-based projects and services (including 
        literacy and social service programs) that work with juvenile 
        offenders, including those from families with limited English-
        speaking proficiency, their parents, their siblings, and other 
        family members during and after incarceration of the juvenile 
        offenders, in order to strengthen families, to allow juvenile 
        offenders to remain in their homes, and to prevent the 
        involvement of other juvenile family members in delinquent 
        activities;
            ``(7) projects designed to provide for the treatment of 
        juveniles for dependence on or abuse of alcohol, drugs, or 
        other harmful substances, giving priority to juveniles who have 
        been arrested for an alleged act of juvenile delinquency or 
        adjudicated delinquent;
            ``(8) projects that leverage funds to provide scholarships 
        for postsecondary education and training for low-income 
        juveniles who reside in neighborhoods with high rates of 
        poverty, violence, and drug-related crimes;
            ``(9) projects that provide for initial intake screening, 
        which may include drug testing, of each juvenile taken into 
        custody--
                    ``(A) to determine the likelihood that such 
                juvenile will commit a subsequent offense; and
                    ``(B) to provide appropriate interventions to 
                prevent such juvenile from committing subsequent 
                offenses;
            ``(10) 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;
            ``(11) 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, and private nonprofit agencies 
        offering services to juveniles;
            ``(12) 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);
            ``(13) delinquency prevention activities that involve youth 
        clubs, sports, recreation and parks, peer counseling and 
        teaching, the arts, leadership development, community service, 
        volunteer service, before- and after-school programs, violence 
        prevention activities, mediation skills training, camping, 
        environmental education, ethnic or cultural enrichment, 
        tutoring, and academic enrichment;
            ``(14) 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;
            ``(15) family strengthening activities, such as mutual 
        support groups for parents and their children; and
            ``(16) other activities that are likely to prevent juvenile 
        delinquency.
    ``(b) Eligibility of States.--
            ``(1) Application.--To be eligible to receive a grant under 
        subsection (a), a State shall submit to the Administrator an 
        application that contains the following:
                    ``(A) An assurance that the State will use--
                            ``(i) not more than 5 percent of such 
                        grant, in the aggregate, for--
                                    ``(I) the costs incurred by the 
                                State to carry out this part; and
                                    ``(II) to evaluate, and provide 
                                technical assistance relating to, 
                                projects and activities carried out 
                                with funds provided under this part; 
                                and
                            ``(ii) the remainder of such grant to make 
                        grants under subsection (c).
                    ``(B) An assurance that, and a detailed description 
                of how, such grant will support, and not supplant State 
                and local efforts to prevent juvenile delinquency.
                    ``(C) An assurance that such application was 
                prepared after consultation with and participation by--
                            ``(i) community-based organizations that 
                        carry out programs, projects, or activities to 
                        prevent juvenile delinquency; and
                            ``(ii) police, sheriff, prosecutors, State 
                        or local probation services, juvenile courts, 
                        schools, businesses, and religious affiliated 
                        fraternal, nonprofit, and social service 
                        organizations involved in crime prevention.
                    ``(D) An assurance that each eligible entity 
                described in subsection (c)(1) that receives an initial 
                grant under subsection (c) to carry out a project or 
                activity shall also receive an assurance from the State 
                that such entity will receive from the State, for the 
                subsequent fiscal year to carry out such project or 
                activity, a grant under such section in an amount that 
                is proportional, based on such initial grant and on the 
                amount of the grant received under subsection (a) by 
                the State for such subsequent fiscal year, but that 
                does not exceed the amount specified for such 
                subsequent fiscal year in such application as approved 
                by the State.
                    ``(E) An assurance that each eligible entity 
                described in subsection (c)(1) that receives a grant to 
                carry out a project or activity under subsection (c) 
                has agreed to provide a 50 percent match of the amount 
                of the grant, including the value of in-kind 
                contributions to fund the project or activity, except 
                that the Administrator may for good cause reduce the 
                matching requirement to 33\1/3\ percent for 
                economically disadvantaged communities.
                    ``(F) An assurance that projects or activities 
                funded by a grant under subsection (a) shall be carried 
                out through or in coordination with a court with a 
                juvenile crime or delinquency docket.
                    ``(G) Such other information as the Administrator 
                may reasonably require by rule.
            ``(2) Approval of applications.--
                    ``(A) Approval required.--Subject to subparagraph 
                (A), the Administrator shall approve an application, 
                and amendments to such application submitted in 
                subsequent fiscal years, that satisfy the requirements 
                of paragraph (1).
                    ``(B) Limitation.--The Administrator may not 
                approve such application (including amendments to such 
                application) for a fiscal year unless--
                            ``(i)(I) the State submitted a plan under 
                        section 222 for such fiscal year; and
                            ``(II) such plan is approved by the 
                        Administrator for such fiscal year; or
                            ``(ii) the Administrator waives the 
                        application of clause (i) to such State for 
                        such fiscal year, after finding good cause for 
                        such a waiver.
    ``(c) Grants for Local Projects.--
            ``(1) Selection from among applications.--
                    ``(A) In general.--Using a grant received under 
                subsection (a), a State may make grants to eligible 
                entities whose applications are received by the State 
                in accordance with paragraph (2) to carry out projects 
                and activities described in subsection (a).
                    ``(B) Special consideration.--For purposes of 
                making such grants, the State shall give special 
                consideration to eligible entities that--
                            ``(i) propose to carry out such projects in 
                        geographical areas in which there is--
                                    ``(I) a disproportionately high 
                                level of serious crime committed by 
                                juveniles; or
                                    ``(II) a recent rapid increase in 
                                the number of nonstatus offenses 
                                committed by juveniles;
                            ``(ii)(I) agree to carry out such projects 
                        or activities that are multidisciplinary and 
                        involve 2 or more eligible entities; or
                            ``(II) represent communities that have a 
                        comprehensive plan designed to identify at-risk 
                        juveniles and to prevent or reduce the rate of 
                        juvenile delinquency, and that involve other 
                        entities operated by individuals who have a 
                        demonstrated history of involvement in 
                        activities designed to prevent juvenile 
                        delinquency; and
                            ``(iii) state the amount of resources (in 
                        cash or in kind) such entities will provide to 
                        carry out such projects and activities.
            ``(2) Receipt of applications.--
                    ``(A) In general.--Subject to subparagraph (B), a 
                unit of local government shall submit to the State 
                simultaneously all applications that are--
                            ``(i) timely received by such unit from 
                        eligible entities; and
                            ``(ii) determined by such unit to be 
                        consistent with a current plan formulated by 
                        such unit for the purpose of preventing, and 
                        reducing the rate of, juvenile delinquency in 
                        the geographical area under the jurisdiction of 
                        such unit.
                    ``(B) Direct submission.--If an application 
                submitted to such unit by an eligible entity satisfies 
                the requirements specified in clauses (i) and (ii) of 
                subparagraph (A), such entity may submit such 
                application directly to the State.
    ``(d) Eligibility of Entities.--
            ``(1) Eligibility.--Subject to paragraph (2) and except as 
        provided in paragraph (3), to be eligible to receive a grant 
        under subsection (c), a community-based organization, local 
        juvenile justice system officials (including prosecutors, 
        police officers, judges, probation officers, parole officers, 
        and public defenders), local education authority (as defined in 
        section 14101 of the Elementary and Secondary Education Act of 
        1965 and including a school within such authority), nonprofit 
        private organization (including a faith-based organization), 
        unit of local government, or social service provider, and or 
        other entity with a demonstrated history of involvement in the 
        prevention of juvenile delinquency, shall submit to a unit of 
        local government an application that contains the following:
                    ``(A) An assurance that such applicant will use 
                such grant, and each such grant received for the 
                subsequent fiscal year, to carry out throughout a 2-
                year period a project or activity described in 
                reasonable detail, and of a kind described in 1 or more 
                of paragraphs (1) through (14) of subsection (a) as 
                specified in, such application.
                    ``(B) A statement of the particular goals such 
                project or activity is designed to achieve, and the 
                methods such entity will use to achieve, and assess the 
                achievement of, each of such goals.
                    ``(C) A statement identifying the research (if any) 
                such entity relied on in preparing such application.
            ``(2) Review and submission of applications.--Except as 
        provided in paragraph (3), an entity shall not be eligible to 
        receive a grant under subsection (c) unless--
                    ``(A) such entity submits to a unit of local 
                government an application that--
                            ``(i) satisfies the requirements specified 
                        in subsection (a); and
                            ``(ii) describes a project or activity to 
                        be carried out in the geographical area under 
                        the jurisdiction of such unit; and
                    ``(B) such unit determines that such project or 
                activity is consistent with a current plan formulated 
                by such unit for the purpose of preventing, and 
                reducing the rate of, juvenile delinquency in the 
                geographical area under the jurisdiction of such unit.
            ``(3) Limitation.--If an entity that receives a grant under 
        subsection (c) to carry out a project or activity for a 2-year 
        period, and receives technical assistance from the State or the 
        Administrator after requesting such technical assistance (if 
        any), fails to demonstrate, before the expiration of such 2-
        year period, that such project or such activity has achieved 
        substantial success in achieving the goals specified in the 
        application submitted by such entity to receive such grants, 
        then such entity shall not be eligible to receive any 
        subsequent grant under such section to continue to carry out 
        such project or activity.
    ``(e) Reporting Requirement.--Not later than 180 days after the 
last day of each fiscal year, the Administrator shall submit to the 
Chairman of the Committee on Education and the Workforce of the House 
of Representatives and the Chairman of the Committee on the Judiciary 
of the Senate a report, which shall--
            ``(1) describe activities and accomplishments of grant 
        activities funded under this section;
            ``(2) describe procedures followed to disseminate grant 
        activity products and research findings;
            ``(3) describe activities conducted to develop policy and 
        to coordinate Federal agency and interagency efforts related to 
        delinquency prevention;
            ``(4) identify successful approaches and making the 
        recommendations for future activities to be conducted under 
        this section; and
            ``(5) describe, on a State-by-State basis, the total amount 
        of matching contributions made by States and eligible entities 
        for activities funded under this section.
    ``(f) Research and Evaluation.--
            ``(1) In general.--Except as provided in paragraph (2), of 
        the amount made available to carry out this section in each 
fiscal year, the Administrator shall use the lesser of 5 percent or 
$5,000,000 for research, statistics, and evaluation activities carried 
out in conjunction with the grant programs under this section.
            ``(2) Exception.--No amount shall be available as provided 
        in paragraph (1) for a fiscal year, if amounts are made 
        available for that fiscal year for the National Institute of 
        Justice for evaluation research of juvenile delinquency 
        programs pursuant to subsection (b)(6) or (c)(6) of section 
        313.

``SEC. 206. GRANTS TO INDIAN TRIBES.

    ``(a) In General.--From the amount reserved under section 207(b) in 
each fiscal year, the Administrator shall make grants to Indian tribes 
for programs pursuant to the permissible purposes under section 205 and 
part B.
    ``(b) Applications.--
            ``(1) In general.--To be eligible to receive a grant under 
        this section, an Indian tribe shall submit to the Administrator 
        an application in such form and containing such information as 
        the Administrator may by regulation require.
            ``(2) Plans.--Each application submitted under paragraph 
        (1) shall include a plan for conducting projects described in 
        section 205(a), which plan shall--
                    ``(A) provide evidence that the Indian tribe 
                performs law enforcement functions (as determined by 
                the Secretary of the Interior);
                    ``(B) identify the juvenile justice and delinquency 
                problems and juvenile delinquency prevention needs to 
                be addressed by activities conducted by the Indian 
                tribe in the area under the jurisdiction of the Indian 
                tribe with assistance provided by the grant;
                    ``(C) provide for fiscal control and accounting 
                procedures that--
                            ``(i) are necessary to ensure the prudent 
                        use, proper disbursement, and accounting of 
                        funds received under this section; and
                            ``(ii) are consistent with the requirements 
                        of subparagraph (B); and
                    ``(D) comply with the requirements of section 
                222(a) (except that such subsection relates to 
                consultation with a State advisory group) and with the 
                requirements of section 222(c); and
                    ``(E) contain such other information, and be 
                subject to such additional requirements, as the 
                Administrator may reasonably prescribe to ensure the 
                effectiveness of the grant program under this section.
    ``(c) Factors for Consideration.--In awarding grants under this 
section, the Administrator shall consider--
            ``(1) the resources that are available to each applicant 
        that will assist, and be coordinated with, the overall juvenile 
        justice system of the Indian tribe; and
            ``(2) for each Indian tribe that receives assistance under 
        such a grant--
                    ``(A) the relative juvenile population; and
                    ``(B) who will be served by the assistance provided 
                by the grant.
    ``(d) Grant Awards.--
            ``(1) In general.--
                    ``(A) Competitive awards.--Except as provided in 
                paragraph (2), the Administrator shall annually award 
                grants under this section on a competitive basis. The 
                Administrator shall enter into a grant agreement with 
                each grant recipient under this section that specifies 
                the terms and conditions of the grant.
                    ``(B) Period of grant.--The period of each grant 
                awarded under this section shall be 2 years.
            ``(2) Exception.--In any case in which the Administrator 
        determines that a grant recipient under this section has 
        performed satisfactorily during the preceding year in 
        accordance with an applicable grant agreement, the 
        Administrator may--
                    ``(A) waive the requirement that the recipient be 
                subject to the competitive award process described in 
                paragraph (1)(A); and
                    ``(B) renew the grant for an additional grant 
                period (as specified in paragraph (1)(B)).
            ``(3) Modifications of processes.--The Administrator may 
        prescribe requirements to provide for appropriate modifications 
        to the plan preparation and application process specified in 
        subsection (b) for an application for a renewal grant under 
        paragraph (2)(B).
    ``(e) Reporting Requirement.--Each Indian tribe that receives a 
grant under this section shall be subject to the fiscal accountability 
provisions of section 5(f)(1) of the Indian Self-Determination and 
Education Assistance Act (25 U.S.C. 450c(f)(1)), relating to the 
submission of a single-agency audit report required by chapter 75 of 
title 31, United States Code.
    ``(f) Matching Requirement.--Funds appropriated by Congress for the 
activities of any agency of an Indian tribal government or the Bureau 
of Indian Affairs performing law enforcement functions on any Indian 
lands may be used to provide the non-Federal share of any program or 
project with a matching requirement funded under this section.
    ``(g) Rule of Construction.--Nothing in this section may be 
construed to affect in any manner the jurisdiction of an Indian tribe 
with respect to land or persons in the State of Alaska.
    ``(h) Technical Assistance.--From the amount reserved under section 
207(b) in each fiscal year, the Administrator may reserve 1 percent for 
the purpose of providing technical assistance to recipients of grants 
under this section.

``SEC. 207. ALLOCATION OF GRANTS.

    ``(a) In General.--Subject to subsections (b), (c), and (d), the 
amount allocated under section 291 to carry out section 205 in each 
fiscal year shall be allocated to the States as follows:
            ``(1) 0.5 percent shall be allocated to each eligible 
        State.
            ``(2) The amount remaining after the allocation under 
        subparagraph (A) shall be allocated among eligible States as 
        follows:
                    ``(A) 50 percent of such amount shall be allocated 
                proportionately based on the juvenile population in the 
                eligible States.
                    ``(B) 50 percent of such amount shall be allocated 
                proportionately based on the annual average number of 
                arrests for serious crimes committed in the eligible 
                States by juveniles during the then most recently 
                completed period of 3 consecutive calendar years for 
                which sufficient information is available to the 
                Administrator.
    ``(b) Reservation of Funds.--Notwithstanding any other provision of 
law, from the amounts allocated under section 291 to carry out section 
205 and part B in each fiscal year, the Administrator shall reserve an 
amount equal to the amount to which all Indian tribes that qualify for 
a grant under section 206 would collectively be entitled, if such 
tribes were collectively treated as a State for purposes of subsection 
(a).
    ``(c) Exception.--The amount allocated to the Virgin Islands of the 
United States, Guam, American Samoa, the Trust Territory of the Pacific 
Islands, and the Commonwealth of the Northern Mariana Islands shall be 
not less than $75,000 and not more than $100,000.
    ``(d) Administrative Costs.--A State, unit of local government, or 
eligible unit that receives funds under this part may not use more than 
5 percent of those funds to pay for administrative costs.

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

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

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

``SEC. 222. STATE PLANS.

    ``(a) In General.--In order to receive formula grants under this 
part, a State shall submit a plan, developed in consultation with the 
State Advisory Group established by the State under subsection 
(b)(2)(A), for carrying out its purposes applicable to a 3-year period. 
The State shall submit annual performance reports to the Administrator, 
each of which shall describe progress in implementing programs 
contained in the original plan, and amendments necessary to update the 
plan, and shall describe the status of compliance with State plan 
requirements. In accordance with regulations that the Administrator 
shall prescribe, such plan shall--
            ``(1) designate a State agency as the sole agency for 
        supervising the preparation and administration of the plan;
            ``(2) contain satisfactory evidence that the State agency 
        designated in accordance with paragraph (1) has or will have 
        authority, by legislation if necessary, to implement such plan 
        in conformity with this part;
            ``(3) provide for the active consultation with and 
        participation of units of local government, or combinations 
        thereof, in the development of a State plan that adequately 
        takes into account the needs and requests of units of local 
        government, except that nothing in the plan requirements, or 
        any regulations promulgated to carry out such requirements, 
        shall be construed to prohibit or impede the State from making 
        grants to, or entering into contracts with, local private 
        agencies, including religious organizations;
            ``(4) to the extent feasible and consistent with paragraph 
        (5), provide for an equitable distribution of the assistance 
received with the State, including rural areas;
            ``(5) require that the State or unit of local government 
        that is a recipient of amounts under this part distributes 
        those amounts intended to be used for the prevention of 
        juvenile delinquency and reduction of incarceration, to the 
        extent feasible, in proportion to the amount of juvenile crime 
        committed within those regions and communities;
            ``(6) provide assurances that youth coming into contact 
        with the juvenile justice system are treated equitably on the 
        basis of gender, race, family income, and disability;
            ``(7)(A) provide for--
                    ``(i) an analysis of juvenile crime and delinquency 
                problems (including the joining of gangs that commit 
                crimes) and juvenile justice and delinquency prevention 
                needs (including educational needs) of the State 
                (including any geographical area in which an Indian 
                tribe performs law enforcement functions), a 
                description of the services to be provided, and a 
                description of performance goals and priorities, 
                including a specific statement of the manner in which 
                programs are expected to meet the identified juvenile 
                crime problems (including the joining of gangs that 
                commit crimes) and juvenile justice and delinquency 
                prevention needs (including educational needs) of the 
                State;
                    ``(ii) an indication of the manner in which the 
                programs relate to other similar State or local 
                programs that are intended to address the same or 
                similar problems; and
                    ``(iii) a plan for the concentration of State 
                efforts, which shall coordinate all State juvenile 
                crime control, prevention, and delinquency programs 
                with respect to overall policy and development of 
                objectives and priorities for all State juvenile crime 
                control and delinquency programs and activities, 
                including provision for regular meetings of State 
                officials with responsibility in the area of juvenile 
                justice and delinquency prevention;
            ``(B) contain--
                    ``(i) a plan for providing needed gender-specific 
                services for the prevention and treatment of juvenile 
                delinquency;
                    ``(ii) a plan for providing needed services for the 
                prevention and treatment of juvenile delinquency in 
                rural areas; and
                    ``(iii) a plan for providing needed mental health 
                services to juveniles in the juvenile justice system;
            ``(8) provide for the coordination and maximum utilization 
        of existing juvenile delinquency programs, programs operated by 
        public and private agencies and organizations, and other 
        related programs (such as education, special education, 
        recreation, health, and welfare programs) in the State;
            ``(9) provide for the development of an adequate research, 
        training, and evaluation capacity within the State;
            ``(10) provide that not less than 75 percent of the funds 
        available to the State under section 221, other than funds made 
        available to the State advisory group under this section, 
        whether expended directly by the State, by the unit of local 
        government, or by a combination thereof, or through grants and 
        contracts with public or private nonprofit agencies, shall be 
        used for--
                    ``(A) community-based alternatives (including home-
                based alternatives) to incarceration and 
                institutionalization, including--
                            ``(i) for youth who need temporary 
                        placement: crisis intervention, shelter, and 
                        after-care; and
                            ``(ii) for youth who need residential 
                        placement: a continuum of foster care or group 
                        home alternatives that provide access to a 
                        comprehensive array of services;
                    ``(B) programs that assist in holding juveniles 
                accountable for their actions, including the use of 
                graduated sanctions and of neighborhood courts or 
                panels that increase victim satisfaction and require 
                juveniles to make restitution for the damage caused by 
                their delinquent behavior;
                    ``(C) comprehensive juvenile crime control and 
                delinquency prevention programs that meet the needs of 
                youth through the collaboration of the many local 
                systems before which a youth may appear, including 
                schools, courts, law enforcement agencies, child 
                protection agencies, mental health agencies, welfare 
                services, health care agencies, and private nonprofit 
                agencies offering youth services;
                    ``(D) programs that provide treatment to juvenile 
                offenders who are victims of child abuse or neglect, 
                and to their families, in order to reduce the 
                likelihood that such juvenile offenders will commit 
                subsequent violations of law;
                    ``(E) educational programs or supportive services 
                for delinquent or other juveniles--
                            ``(i) to encourage juveniles to remain in 
                        elementary and secondary schools or in 
                        alternative learning situations;
                            ``(ii) to provide services to assist 
                        juveniles in making the transition to the world 
                        of work and self-sufficiency; and
                            ``(iii) enhance coordination with the local 
                        schools that such juveniles would otherwise 
                        attend, to ensure that--
                                    ``(I) the instruction that 
                                juveniles receive outside school is 
                                closely aligned with the instruction 
                                provided in school; and
                                    ``(II) information regarding any 
                                learning problems identified in such 
                                alternative learning situations are 
                                communicated to the schools;
                    ``(F) expanding the use of probation officers--
                            ``(i) particularly for the purpose of 
                        permitting nonviolent juvenile offenders 
                        (including status offenders) to remain at home 
                        with their families as an alternative to 
                        incarceration or institutionalization; and
                            ``(ii) to ensure that juveniles follow the 
                        terms of their probation;
                    ``(G) one-on-one mentoring programs that are 
                designed to link at-risk juveniles and juvenile 
                offenders, particularly juveniles residing in high-
                crime areas and juveniles experiencing educational 
                failure, with responsible adults (such as law 
                enforcement officers, adults working with local 
                businesses, and adults working with community-based 
                organizations and agencies) who are properly screened 
                and trained;
                    ``(H) programs designed to develop and implement 
                projects relating to juvenile delinquency and learning 
                disabilities, including on-the-job training programs to 
                assist community services, law enforcement, and 
                juvenile justice personnel to more effectively 
                recognize and provide for learning disabled and other 
                juveniles with disabilities;
                    ``(I) projects designed both to deter involvement 
                in illegal activities and to promote involvement in 
                lawful activities on the part of gangs whose membership 
                is substantially composed of youth;
                    ``(J) programs and projects designed to provide for 
                the treatment of youths' dependence on or abuse of 
                alcohol or other addictive or nonaddictive drugs;
                    ``(K) boot camps for juvenile offenders;
                    ``(L) community-based programs and services to work 
                with juveniles, their parents, and other family members 
                during and after incarceration in order to strengthen 
                families so that such juveniles may be retained in 
                their homes;
                    ``(M) other activities (such as court-appointed 
                advocates) that the State determines will hold 
                juveniles accountable for their acts and decrease 
                juvenile involvement in delinquent activities;
                    ``(N) establishing policies and systems to 
                incorporate relevant child protective services records 
                into juvenile justice records for purposes of 
                establishing treatment plans for juvenile offenders;
                    ``(O) programs (including referral to literacy 
                programs and social service programs) to assist 
                families with limited English-speaking ability that 
                include delinquent juveniles to overcome language and 
                other barriers that may prevent the complete treatment 
                of such juveniles and the preservation of their 
                families;
                    ``(P) programs that utilize multidisciplinary 
                interagency case management and information sharing, 
                that enable the juvenile justice and law enforcement 
                agencies, schools, and social service agencies to make 
                more informed decisions regarding early identification, 
                control, supervision, and treatment of juveniles who 
                repeatedly commit violent or serious delinquent acts; 
                and
                    ``(Q) programs designed to prevent and reduce hate 
                crimes committed by juveniles;
            ``(11) shall provide that--
                    ``(A) juveniles who are charged with or who have 
                committed an offense that would not be criminal if 
                committed by an adult, excluding--
                            ``(i) juveniles who are charged with or who 
                        have committed a violation of section 922(x)(2) 
                        of title 18, United States Code, or of a 
                        similar State law;
                            ``(ii) juveniles who are charged with or 
                        who have committed a violation of a valid court 
                        order; and
                            ``(iii) juveniles who are held in 
                        accordance with the Interstate Compact on 
                        Juveniles as enacted by the State;
                shall not be placed in secure detention facilities or 
                secure correctional facilities; and
                    ``(B) juveniles--
                            ``(i) who are not charged with any offense; 
                        and
                            ``(ii) who are--
                                    ``(I) aliens; or
                                    ``(II) alleged to be dependent, 
                                neglected, or abused;
                shall not be placed in secure detention facilities or 
                secure correctional facilities;
            ``(12) provide that--
                    ``(A) juveniles alleged to be or found to be 
                delinquent or juveniles within the purview of paragraph 
                (11) will not be detained or confined in any 
                institution in which they have prohibited physical 
                contact or sustained oral communication with adult 
                inmates; and
                    ``(B) there is in effect in the State a policy that 
                requires individuals who work with both such juveniles 
                and such adult inmates in collocated facilities have 
                been trained and certified to work with juveniles;
            ``(13) provide that no juvenile will be detained or 
        confined in any jail or lockup for adults except--
                    ``(A) juveniles who are accused of nonstatus 
                offenses and who are detained in such jail or lockup 
                for a period not to exceed 6 hours--
                            ``(i) for processing or release;
                            ``(ii) while awaiting transfer to a 
                        juvenile facility; or
                            ``(iii) in which period such juveniles make 
                        a court appearance;
                    ``(B) juveniles who are accused of nonstatus 
                offenses, who are awaiting an initial court appearance 
                that will occur within 48 hours after being taken into 
                custody (excluding Saturdays, Sundays, and legal 
                holidays), and who are detained or confined in a jail 
                or lockup--
                            ``(i) in which--
                                    ``(I) such juveniles do not have 
                                prohibited physical contact or 
                                sustained oral communication with adult 
                                inmates; and
                                    ``(II) there is in effect in the 
                                State a policy that requires 
                                individuals who work with both such 
                                juveniles and such adult inmates in 
                                collocated facilities have been trained 
                                and certified to work with juveniles; 
                                and
                            ``(ii) that--
                                    ``(I) is located outside a 
                                metropolitan statistical area (as 
                                defined by the Office of Management and 
                                Budget);
                                    ``(II) has no existing acceptable 
                                alternative placement available;
                                    ``(III) 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
                                    ``(IV) is located where conditions 
                                of safety exist (such as severe 
                                adverse, life-threatening weather 
                                conditions that do not allow for 
                                reasonably safe travel), in which case 
                                the time for an appearance may be 
                                delayed until 24 hours after the time 
                                that such conditions allow for 
                                reasonable safe travel;
                    ``(C) juveniles who are accused of nonstatus 
                offenses and who are detained or confined in a jail or 
                lockup that satisfies the requirements of subparagraph 
                (B)(i) if--
                            ``(i) such jail or lockup--
                                    ``(I) is located outside a 
                                metropolitan statistical area (as 
                                defined by the Office of Management and 
                                Budget); and
                                    ``(II) has no existing acceptable 
                                alternative placement available;
                            ``(ii) a parent or other legal guardian (or 
                        guardian ad litem) of the juvenile involved 
                        consents to detaining or confining such 
                        juvenile in accordance with this subparagraph;
                            ``(iii) the juvenile has counsel, and the 
                        counsel representing such juvenile has an 
                        opportunity to present the juvenile's position 
                        regarding the detention or confinement involved 
                        to the court before the court approves such 
                        detention or confinement; and
                            ``(iv) detaining or confining such juvenile 
                        in accordance with this subparagraph is--
                                    ``(I) approved in advance by a 
                                court with competent jurisdiction;
                                    ``(II) required to be reviewed 
                                periodically, at intervals of not more 
                                than 5 days (excluding Saturdays, 
                                Sundays, and legal holidays), by such 
                                court for the duration of detention or 
                                confinement; and
                                    ``(III) for a period preceding the 
                                sentencing (if any) of such juvenile;
            ``(14) provide assurances that consideration will be given 
        to and that assistance will be available for approaches 
        designed to strengthen the families of delinquent and other 
        youth to prevent juvenile delinquency (which approaches should 
        include the involvement of grandparents or other extended 
        family members, when possible, and appropriate and the 
        provision of family counseling during the incarceration of 
        juvenile family members and coordination of family services 
        when appropriate and feasible);
            ``(15) provide for procedures to be established for 
        protecting the rights of recipients of services and for 
        assuring appropriate privacy with regard to records relating to 
        such services provided to any individual under the State plan;
            ``(16) provide for such fiscal control and fund accounting 
        procedures necessary to assure prudent use, proper 
        disbursement, and accurate accounting of funds received under 
        this title;
            ``(17) provide reasonable assurances that Federal funds 
        made available under this part for any period shall be so used 
        as to supplement and increase (but not supplant) the level of 
        the State, local, and other non-Federal funds that would in the 
        absence of such Federal funds be made available for the 
        programs described in this part, and shall in no event replace 
        such State, local, and other non-Federal funds;
            ``(18) provide that the State agency designated under 
        paragraph (1) will, not less often than annually, review its 
        plan and submit to the Administrator an analysis and evaluation 
        of the effectiveness of the programs and activities carried out 
        under the plan, and any modifications in the plan, including 
        the survey of State and local needs, that the agency considers 
        necessary;
            ``(19) provide assurances that the State or each unit of 
        local government that is a recipient of amounts under this part 
        require that any person convicted of a sexual act or sexual 
        contact involving any other person who has not attained the age 
        of 18 years, and who is not less than 4 years younger than such 
        convicted person, be tested for the presence of any sexually 
        transmitted disease and that the results of such test be 
        provided to the victim or to the family of the victim as well 
        as to any court or other government agency with primary 
        authority for sentencing the person convicted for the 
        commission of the sexual act or sexual contact (as those terms 
        are defined in paragraphs (2) and (3), respectively, of section 
        2246 of title 18, United States Code) involving a person not 
        having attained the age of 18 years;
            ``(20) provide that if a juvenile is taken into custody for 
        violating a valid court order issued for committing a status 
        offense--
                    ``(A) an appropriate public agency shall be 
                promptly notified that such juvenile is held in custody 
                for violating such order;
                    ``(B) not later than 24 hours during which such 
                juvenile is so held, an authorized representative of 
                such agency shall interview, in person, such juvenile; 
                and
                    ``(C) not later than 48 hours during which such 
                juvenile is so held--
                            ``(i) such representative shall submit an 
                        assessment to the court that issued such order, 
                        regarding the immediate needs of such juvenile; 
                        and
                            ``(ii) such court shall conduct a hearing 
                        to determine--
                                    ``(I) whether there is reasonable 
                                cause to believe that such juvenile 
                                violated such order; and
                                    ``(II) the appropriate placement of 
                                such juvenile pending disposition of 
                                the violation alleged;
            ``(21) specify a percentage (if any), not to exceed 5 
        percent, of funds received by the State under section 221 that 
        the State will reserve for expenditure by the State to provide 
        incentive grants to units of local government that reduce the 
        case load of probation officers within such units;
            ``(22) provide that the State, to the maximum extent 
        practicable, will implement a system to ensure that if a 
        juvenile is before a court in the juvenile justice system, 
        public child welfare records (including child protective 
        services records) relating to such juvenile that are on file in 
        the geographical area under the jurisdiction of such court will 
        be made known to such court;
            ``(23) unless the provisions of this paragraph are waived 
        at the discretion of the Administrator for any State in which 
        the services for delinquent or other youth are organized 
        primarily on a statewide basis, provide that at least 50 
        percent of funds received by the State under this section, 
        other than funds made available to the State advisory group, 
        shall be expended--
                    ``(A) through programs of units of general local 
                government or combinations thereof, to the extent such 
                programs are consistent with the State plan; and
                    ``(B) through programs of local private agencies, 
                to the extent such programs are consistent with the 
                State plan, except that direct funding of any local 
                private agency by a State shall be permitted only if 
                such agency requests such funding after it has applied 
                for and been denied funding by any unit of general 
                local government or combination thereof; and
            ``(24) to the extent that segments of the juvenile 
        population are shown to be detained or confined in secure 
        detention facilities, secure correctional facilities, jails, 
        and lockups, to a greater extent than the proportion of these 
        groups in the general juvenile population, address prevention 
        efforts designed to reduce such disproportionate confinement, 
        without requiring the release or the failure to detain any 
        individual.
    ``(b) Approval by State Agency.--
            ``(1) State agency.--The State agency designated under 
        subsection (a)(1) shall approve the State plan and any 
        modification thereof prior to submission of the plan to the 
        Administrator.
            ``(2) State advisory group.--
                    ``(A) Establishment.--The State advisory group 
                referred to in subsection (a) shall be known as the 
                `State Advisory Group', consisting of representatives 
                from both the private and public sector, each of whom 
                shall be appointed for a term of not more than 6 years. 
                The State shall ensure that members of the State 
                Advisory Group shall have experience in the area of 
                juvenile delinquency prevention, the prosecution of 
                juvenile offenders, the treatment of juvenile 
                delinquency, the investigation of juvenile crimes, or 
                the administration of juvenile justice programs, and 
                shall include not less than 1 prosecutor and not less 
                than 1 judge from a court with a juvenile crime or 
                delinquency docket. The chairperson of the State 
                Advisory Group shall not be a full-time employee of the 
                Federal Government or the State government.
                    ``(B) Consultation.--
                            ``(i) In general.--The State shall consult 
                        with the State Advisory Group established under 
                        subparagraph (A) in developing and reviewing 
                        the State plan under this section.
                            ``(ii) Authority.--The State Advisory Group 
                        shall report to the chief executive officer and 
                        the legislature of the State on an annual basis 
                        regarding recommendations related to the 
                        State's compliance under this section.
                    ``(C) Funding.--From amounts reserved for 
                administrative costs, the State may make available to 
                the State Advisory Group such sums as may be necessary 
                to assist the State Advisory Group in adequately 
                performing its duties under this paragraph.
    ``(c) Compliance With Statutory Requirements.--
            ``(1) In general.--If a State fails to comply with any of 
        the applicable requirements of paragraph (11), (12), (13), or 
        (24) of subsection (a) in any fiscal year beginning after 
        September 30, 1999, 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--
                    ``(A) has achieved substantial compliance with such 
                applicable requirements with respect to which the State 
                was not in compliance; and
                    ``(B) has made, through appropriate executive or 
                legislative action, an unequivocal commitment to 
                achieving full compliance with such applicable 
                requirements within a reasonable time.
            ``(2) Waiver.--The Administrator may, upon request by a 
        State showing good cause, waive the application of this 
        subsection with respect to such State.

``SEC. 223. ALLOCATION OF GRANTS.

    ``(a) In General.--Subject to subsections (b), (c), and (d), the 
amount allocated under section 291 to carry out this part in each 
fiscal year that remains after reservation under section 207(b) for 
that fiscal year shall be allocated to the States as follows:
            ``(1) 0.5 percent shall be allocated to each eligible 
        State.
            ``(2) The amount remaining after the allocation under 
        clause (i) shall be allocated proportionately based on the 
        juvenile population in the eligible States.
    ``(b) System Support Grants.--Of the amount allocated under section 
291 to carry out this part in each fiscal year that remains after 
reservation under section 207(b) for that fiscal year, up to 10 percent 
may be available for use by the Administrator to provide--
            ``(1) training and technical assistance consistent with the 
        purposes authorized under sections 204, 205, and 221;
            ``(2) direct grant awards and other support to develop, 
        test, and demonstrate new approaches to improving the juvenile 
        justice system and reducing, preventing, and abating delinquent 
        behavior, juvenile crime, and youth violence;
            ``(3) for research and evaluation efforts to discover and 
        test methods and practices to improve the juvenile justice 
        system and reduce, prevent, and abate delinquent behavior, 
        juvenile crime, and youth violence; and
            ``(4) information, including information on best practices, 
        consistent with purposes authorized under sections 204, 205, 
        and 221.
    ``(c) Exception.--The amount allocated to the Virgin Islands of the 
United States, Guam, American Samoa, the Trust Territory of the Pacific 
Islands, and the Commonwealth of the Northern Mariana Islands shall be 
not less than $75,000 and not more than $100,000.
    ``(d) Administrative Costs.--A State, unit of local government, or 
eligible unit that receives funds under this part may not use more than 
5 percent of those funds to pay for administrative costs.

                      ``PART C--NATIONAL PROGRAMS

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

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

``SEC. 242. INFORMATION FUNCTION.

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

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

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

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

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

``SEC. 245. ESTABLISHMENT OF TRAINING PROGRAM.

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

``SEC. 246. REPORT ON STATUS OFFENDERS.

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

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

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

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

``SEC. 251. DEFINITION OF JUVENILE.

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

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

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

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

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

``SEC. 254. PRIORITY.

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

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

``SEC. 261. GRANTS AND PROJECTS.

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

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

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

``SEC. 263. ELIGIBILITY.

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

``SEC. 264. REPORTS.

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

                          ``PART F--MENTORING

``SEC. 271. MENTORING.

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

``SEC. 272. DEFINITIONS.

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

``SEC. 273. GRANTS.

    ``The Administrator shall, by making grants to and entering into 
contracts with local educational agencies (each of which agency shall 
be in partnership with a public or private agency, institution, or 
business), establish and support programs and activities for the 
purpose of implementing mentoring programs that--
            ``(1) are designed to link at-risk children, particularly 
        children living in high crime areas and children experiencing 
        educational failure, with responsible adults such as law 
        enforcement officers, persons working with local businesses, 
        and adults working for community-based organizations and 
        agencies; and
            ``(2) are intended to achieve 1 or more of the following 
        goals:
                    ``(A) Provide general guidance to at-risk youth.
                    ``(B) Promote personal and social responsibility 
                among at-risk youth.
                    ``(C) Increase at-risk youth's participation in and 
                enhance their ability to benefit from elementary and 
                secondary education.
                    ``(D) Discourage at-risk youth's use of illegal 
                drugs, violence, and dangerous weapons, and other 
                criminal activity.
                    ``(E) Discourage involvement of at-risk youth in 
                gangs.
                    ``(F) Encourage at-risk youth's participation in 
                community service and community activities.

``SEC. 274. REGULATIONS AND GUIDELINES.

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

``SEC. 275. USE OF GRANTS.

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

``SEC. 276. PRIORITY.

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

``SEC. 277. APPLICATIONS.

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

``SEC. 278. GRANT CYCLES.

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

``SEC. 279. FAMILY MENTORING PROGRAM.

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

                  ``PART G--ADMINISTRATIVE PROVISIONS

``SEC. 291. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) In General.--There is authorized to be appropriated to carry 
out this title, and to carry out part R of title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3796 et seq.), 
$1,000,000,000 for each of fiscal years 1999 through 2004.
    ``(b) Allocation of Appropriations.--Of the amount made available 
under subsection (a) for each fiscal year--
            ``(1) $450,000,000 shall be for programs under section 1801 
        of part R of title I of the Omnibus Crime Control and Safe 
        Streets Act of 1968 (42 U.S.C. 3796 et seq.);
            ``(2) $75,000,000 shall be for grants for juvenile criminal 
        history records upgrades pursuant to section 1802 of part R of 
        title I of the Omnibus Crime Control and Safe Streets Act of 
        1968 (42 U.S.C. 3796 et seq.);
            ``(3) $200,000,000 shall be for programs under section 205 
        of part A of this title;
            ``(4) $200,000,000 shall be for programs under part B of 
        this title;
            ``(5) $40,000,000 shall be for prevention programs under 
        part C of this title, of which $20,000,000 shall be for 
        evaluation research of primary, secondary, and tertiary 
        juvenile delinquency programs;
            ``(6) $20,000,000 shall be for programs under parts D and E 
        of this title; and
            ``(7) $15,000,000 shall be for programs under part F of 
        this title, of which $3,000,000 shall be for programs under 
        section 279.
    ``(c) Source of Sums.--Amounts authorized to be appropriated 
pursuant to this section may be derived from the Violent Crime 
Reduction Trust Fund.
    ``(d) Administration and Operations.--There is authorized to be 
appropriated for the administration and operation of the Office of 
Juvenile Crime Control and Prevention such sums as may be necessary for 
each of fiscal years 1999 through 2004.
    ``(e) Availability of Funds.--Amounts made available pursuant to 
this section and allocated in accordance with this title in any fiscal 
year shall remain available until expended.

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

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

``SEC. 293. ADMINISTRATIVE PROVISIONS.

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

SEC. 303. RUNAWAY AND HOMELESS YOUTH.

    (a) Findings.--Section 302 of the Runaway and Homeless Youth Act 
(42 U.S.C. 5701) is amended--
            (1) in paragraph (5), by striking ``accurate reporting of 
        the problem nationally and to develop'' and inserting ``an 
        accurate national reporting system to report the problem, and 
        to assist in the development of''; and
            (2) by striking paragraph (8) and inserting the following:
            ``(8) services for runaway and homeless youth are needed in 
        urban, suburban and rural areas;''.
    (b) Authority To Make Grants for Centers and Services.--Section 311 
of the Runaway and Homeless Youth Act (42 U.S.C. 5711) is amended--
            (1) by striking subsection (a) and inserting the following:
    ``(a) Grants for Centers and Services.--
            ``(1) In general.--The Secretary shall make grants to 
        public and nonprofit private entities (and combinations of such 
        entities) to establish and operate (including renovation) local 
        centers to provide services for runaway and homeless youth and 
        for the families of such youth.
            ``(2) Such services--
                    ``(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 (7), by striking ``criminal 
                charges against'' and inserting ``criminal or 
                delinquency charges against or the coordinated delivery 
                of services to'';
                    (B) in paragraph (8), by striking ``paragraph (6)'' 
                and inserting ``paragraph (7)'';
                    (C) in paragraph (10), by striking ``and'' at the 
                end;
                    (D) in paragraph (11), by striking the period at 
                the end and inserting ``; and''; and
                    (E) 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) through the Administrator of the Office of Juvenile 
        Crime Control and Prevention, shall coordinate the activities 
        of agencies of the Department of Health and Human Services with 
        activities under any other Federal juvenile crime control, 
        prevention, and juvenile offender accountability program and 
        with the activities of other Federal entities; and
            (2) shall coordinate the activities of agencies of the 
        Department of Health and Human Services with the activities of 
        other Federal entities and with the activities of entities that 
        are eligible to receive grants under this title.''.
    (h) Authority To Make Grants for Research, Evaluation, 
Demonstration, and Service Projects.--Section 343 of the Runaway and 
Homeless Youth Act (42 U.S.C. 5714-23) is amended--
            (1) in the section heading, by inserting ``evaluation,'' 
        after ``research,'';
            (2) in subsection (a), by inserting ``evaluation,'' after 
        ``research,''; and
            (3) in subsection (b)--
                    (A) by striking paragraph (2); and
                    (B) by redesignating paragraphs (3) through (10) as 
                paragraphs (2) through (9), respectively.
    (i) Assistance to Potential Grantees.--Section 371 of the Runaway 
and Homeless Youth Act (42 U.S.C. 5714a) is amended by striking the 
last sentence.
    (j) Reports.--Section 381 of the Runaway and Homeless Youth Act (42 
U.S.C. 5715) is amended to read as follows:

``SEC. 381. REPORTS.

    ``(a) In General.--Not later than April 1, 1999, and biennially 
thereafter, the Secretary shall submit, to the Committee on Education 
and the Workforce of the House of Representatives and the Committee on 
the Judiciary of the Senate, a report on the status, activities, and 
accomplishments of entities that receive grants under parts A, B, C, D, 
and E, with particular attention to--
            ``(1) in the case of centers funded under part A, the 
        ability or effectiveness of such centers in--
                    ``(A) alleviating the problems of runaway and 
                homeless youth;
                    ``(B) if applicable or appropriate, reuniting such 
                youth with their families and encouraging the 
                resolution of intrafamily problems through counseling 
                and other services;
                    ``(C) strengthening family relationships and 
                encouraging stable living conditions for such youth; 
                and
                    ``(D) assisting such youth to decide upon a future 
                course of action; and
            ``(2) in the case of projects funded under part B--
                    ``(A) the number and characteristics of homeless 
                youth served by such projects;
                    ``(B) the types of activities carried out by such 
                projects;
                    ``(C) the effectiveness of such projects in 
                alleviating the problems of homeless youth;
                    ``(D) the effectiveness of such projects in 
                preparing homeless youth for self-sufficiency;
                    ``(E) the effectiveness of such projects in 
                assisting homeless youth to decide upon future 
                education, employment, and independent living;
                    ``(F) the ability of such projects to encourage the 
                resolution of intrafamily problems through counseling 
                and development of self-sufficient living skills; and
                    ``(G) activities and programs planned by such 
                projects for the following fiscal year.
    ``(b) Contents of Reports.--The Secretary shall include in each 
report submitted under subsection (a), summaries of--
            ``(1) the evaluations performed by the Secretary under 
        section 386; and
            ``(2) descriptions of the qualifications of, and training 
        provided to, individuals involved in carrying out such 
        evaluations.''.
    (k) Reports.--Section 383 of the Runaway and Homeless Youth Act (42 
U.S.C. 5731) is amended by striking ``Records'' and inserting ``Except 
for the purposes of the disposition of criminal or delinquency charges 
against or the coordinated delivery of services to individual youths, 
records''.
    (l) Evaluation.--Section 384 of the Runaway and Homeless Youth Act 
(42 U.S.C. 5732) is amended to read as follows:

``SEC. 384. EVALUATION AND INFORMATION.

    ``(a) In General.--If a grantee receives grants for 3 consecutive 
fiscal years under part A, B, C, D, or E (in the alternative), then the 
Secretary shall evaluate such grantee on-site, not less frequently than 
once in the period of such 3 consecutive fiscal years, for purposes 
of--
            ``(1) determining whether such grants are being used for 
        the purposes for which such grants are made by the Secretary;
            ``(2) collecting additional information for the report 
        required by section 383; and
            ``(3) providing such information and assistance to such 
        grantee as will enable such grantee to improve the operation of 
        the centers, projects, and activities for which such grants are 
        made.
    ``(b) Cooperation.--Recipients of grants under this title shall 
cooperate with the Secretary's efforts to carry out evaluations, and to 
collect information, under this title.''.
    (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. 389. 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 1999, 2000, 2001, 
        2002, 2003, and 2004.
            ``(2) Allocation.--
                    ``(A) Parts a and b.--From the amount appropriated 
                under paragraph (1) for a fiscal year, the Secretary 
                shall reserve not less than 90 percent to carry out 
                parts A and B.
                    ``(B) Part b.--Of the amount reserved under 
                subparagraph (A), not less than 20 percent, and not 
                more than 30 percent, shall be reserved to carry out 
                part B.
            ``(3) Parts c and d.--In each fiscal year, after reserving 
        the amounts required by paragraph (2), the Secretary shall use 
        the remaining amount (if any) to carry out parts C and D.
            ``(b) Separate Identification Required.--No funds 
        appropriated to carry out this title may be combined with funds 
        appropriated under any other Act if the purpose of combining 
        such funds is to make a single discretionary grant, or a single 
        discretionary payment, unless such funds are separately 
        identified in all grants and contracts and are used for the 
        purposes specified in this title.''.
    (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 389(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 1999, 2000, 2001, 
2002, 2003, and 2004.''.
    (o) Consolidated Review of Applications.--The Runaway and Homeless 
Youth Act (42 U.S.C. 5701 et seq.) is amended by inserting after 
section 384 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 2 or more of such parts; 
        and
            ``(2) reviewing applications for grants under 2 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 385, as added by 
subsection (o) of this section, the following:

``SEC. 386. 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, 383, 
384, 385, and 386 of the Runaway and Homeless Youth Act (42 U.S.C. 
5714b-5851 et seq.), as amended by this title, are redesignated as 
sections 381, 382, 383, 384, 385, 386, 387, and 388, respectively.
    (r) Technical Amendment.--Section 331 of the Runaway and Homeless 
Youth Act (42 U.S.C. 5701 et seq.) is amended in the first sentence by 
striking ``With'' and all that follows through ``the Secretary'', and 
inserting ``The Secretary''.

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

    (a) Findings.--Section 402 of the Missing Children's Assistance Act 
(42 U.S.C. 5771) is amended--
            (1) in paragraph (7), by striking ``and'' at the end;
            (2) in paragraph (8), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(9) for 14 years, the National Center for Missing and 
        Exploited Children has--
                    ``(A) served as the national resource center and 
                clearinghouse congressionally mandated under the 
                provisions of the Missing Children's Assistance Act of 
                1984; and
                    ``(B) worked in partnership with the Department of 
                Justice, the Federal Bureau of Investigation, the 
                Department of the Treasury, the Department of State, 
                and many other agencies in the effort to find missing 
                children and prevent child victimization;
            ``(10) Congress has given the Center, which is a private 
        non-profit corporation, access to the National Crime 
        Information Center of the Federal Bureau of Investigation, and 
        the National Law Enforcement Telecommunications System;
            ``(11) since 1987, the Center has operated the National 
        Child Pornography Tipline, in conjunction with the United 
        States Customs Service and the United States Postal Inspection 
        Service and, beginning this year, the Center established a new 
        CyberTipline on child exploitation, thus becoming `the 911 for 
        the Internet';
            ``(12) in light of statistics that time is of the essence 
        in cases of child abduction, the Director of the Federal Bureau 
        of Investigation in February of 1997 created a new NCIC child 
        abduction (`CA') flag to provide the Center immediate 
        notification in the most serious cases, resulting in 642 `CA' 
        notifications to the Center and helping the Center to have its 
        highest recovery rate in history;
            ``(13) the Center has established a national and 
        increasingly worldwide network, linking the Center online with 
        each of the missing children clearinghouses operated by the 50 
        States, the District of Columbia, and Puerto Rico, as well as 
        with Scotland Yard in the United Kingdom, the Royal Canadian 
        Mounted Police, INTERPOL headquarters in Lyon, France, and 
        others, which has enabled the Center to transmit images and 
        information regarding missing children to law enforcement 
        across the United States and around the world instantly;
            ``(14) from its inception in 1984 through March 31, 1998, 
        the Center has--
                    ``(A) handled 1,203,974 calls through its 24-hour 
                toll-free hotline (1-800-THE-LOST) and currently 
                averages 700 calls per day;
                    ``(B) trained 146,284 law enforcement, criminal and 
                juvenile justice, and healthcare professionals in child 
                sexual exploitation and missing child case detection, 
identification, investigation, and prevention;
                    ``(C) disseminated 15,491,344 free publications to 
                citizens and professionals; and
                    ``(D) worked with law enforcement on the cases of 
                59,481 missing children, resulting in the recovery of 
                40,180 children;
            ``(15) the demand for the services of the Center is growing 
        dramatically, as evidenced by the fact that in 1997, the Center 
        handled 129,100 calls, an all-time record, and by the fact that 
        its new Internet website (www.missingkids.com) receives 
        1,500,000 `hits' every day, and is linked with hundreds of 
        other websites to provide real-time images of breaking cases of 
        missing children;
            ``(16) in 1997, the Center provided policy training to 256 
        police chiefs and sheriffs from 50 States and Guam at its new 
        Jimmy Ryce Law Enforcement Training Center;
            ``(17) the programs of the Center have had a remarkable 
        impact, such as in the fight against infant abductions in 
        partnership with the healthcare industry, during which the 
        Center has performed 668 onsite hospital walk-throughs and 
        inspections, and trained 45,065 hospital administrators, 
        nurses, and security personnel, and thereby helped to reduce 
        infant abductions in the United States by 82 percent;
            ``(18) the Center is now playing a significant role in 
        international child abduction cases, serving as a 
        representative of the Department of State at cases under The 
        Hague Convention, and successfully resolving the cases of 343 
        international child abductions, and providing greater support 
        to parents in the United States;
            ``(19) the Center is a model of public/private partnership, 
        raising private sector funds to match congressional 
        appropriations and receiving extensive private in-kind support, 
        including advanced technology provided by the computer industry 
        such as imaging technology used to age the photographs of long-
        term missing children and to reconstruct facial images of 
        unidentified deceased children;
            ``(20) the Center was 1 of only 10 of 300 major national 
        charities given an A+ grade in 1997 by the American Institute 
        of Philanthropy; and
            ``(21) the Center has been redesignated as the Nation's 
        missing children clearinghouse and resource center once every 3 
        years through a competitive selection process conducted by the 
        Office of Juvenile Justice and Delinquency Prevention of the 
        Department of Justice, and has received grants from that Office 
        to conduct the crucial purposes of the Center.''.
    (b) Definitions.--Section 403 of the Missing Children's Assistance 
Act (42 U.S.C. 5772) is amended--
            (1) in paragraph (1), by striking ``and'' at the end;
            (2) in paragraph (2), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(3) the term `Center' means the National Center for 
        Missing and Exploited Children.''.
    (c) Duties and Functions of the Administrator.--Section 404 of the 
Missing Children's Assistance Act (42 U.S.C. 5773) is amended--
            (1) by redesignating subsection (c) as subsection (d); and
            (2) by striking subsection (b) and inserting the following:
    ``(b) Annual Grant to National Center for Missing and Exploited 
Children.--
            ``(1) In general.--The Administrator shall annually make a 
        grant to the National Center for Missing and Exploited 
        Children, 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 1999, 2000, 
        2001, 2002, 2003, and 2004.
    ``(c) National Incidence Studies.--The Administrator, either by 
making grants to or entering into contracts with public agencies or 
nonprofit private agencies, shall--
            ``(1) periodically conduct national incidence studies to 
        determine for a given year the actual number of children 
        reported missing each year, the number of children who are 
        victims of abduction by strangers, the number of children who 
        are the victims of parental kidnapings, and the number of 
        children who are recovered each year; and
            ``(2) provide to State and local governments, public and 
        private nonprofit agencies, and individuals information to 
        facilitate the lawful use of school records and birth 
        certificates to identify and locate missing children.''.
    (d) National Center for Missing and Exploited Children.--Section 
405(a) of the Missing Children's Assistance Act (42 U.S.C. 5775(a)) is 
amended by inserting ``the National Center for Missing and Exploited 
Children 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 ``1999 through 2004''.
    (f) Repeal of Obsolete Reporting Requirements.--Section 409 of the 
Missing Children's Assistance Act (42 U.S.C. 5778) is repealed.

SEC. 305. TRANSFER OF FUNCTIONS AND SAVINGS PROVISIONS.

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

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

SEC. 321. BLOCK GRANT PROGRAM.

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

             ``PART R--JUVENILE ACCOUNTABILITY BLOCK GRANTS

``SEC. 1801. PROGRAM AUTHORIZED.

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

``SEC. 1802. JUVENILE CRIMINAL HISTORY GRANTS.

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

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

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

SEC. 323. REPEAL OF UNNECESSARY AND DUPLICATIVE PROGRAMS.

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

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

    Section 310001(b) of the Violent Crime Control and Law Enforcement 
Act of 1994 (42 U.S.C. 14211(b)) is amended--
            (1) in paragraph (5), by striking ``and'' at the end;
            (2) in paragraph (6), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(7) for fiscal year 2001, $1,000,000,000.''.

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

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

SEC. 326. SENSE OF CONGRESS.

    (a) Findings.--Congress finds that--
            (1) juveniles between the ages of 10 years and 14 years are 
        committing an increasing number of murders and other serious 
        crimes;
            (2) on March 24, 1998, 11-year-old Andrew Golden and 13-
        year-old Mitchell Johnson shot and killed 4 fellow students and 
        a teacher and injured 10 additional students in Jonesboro, 
        Arkansas;
            (3) Golden and Mitchell executed an elaborate scheme to 
        carry out their preplanned attack, including faking illness to 
        miss school, stealing a vehicle from a parent, attempting to 
        use a blowtorch and hammer to break into a locked gun safe, 
        breaking a window to gain access to a grandparent's house and 
        steal several firearms from the house, and pulling a fire alarm 
        to draw the students and teachers from the school out into the 
        open;
            (4) under Arkansas State law, neither of the gunmen could 
        be charged as an adult despite the viciousness of the crimes 
        and the clear and well-planned intent demonstrated by the 
        gunmen in carrying out their scheme;
            (5) the tragedy in Jonesboro, Arkansas, is, unfortunately, 
        an all too common occurrence in the United States;
            (6) few States have laws that allow individuals between the 
        ages of 10 years and 14 years to be tried as adults, even if 
        they commit an offense that, if committed by an adult, would be 
        a felony offense for which the maximum penalty is a sentence of 
        death; and
            (7) the juvenile and criminal justice systems in the United 
        States are not yet equipped to handle the sad reality that 11- 
        and 13-year-old individuals are committing crimes that shock 
        the Nation's conscience and that would often result in a 
        sentence of death if the offenders were older.
    (b) Sense of Congress.--It is the sense of Congress that each State 
should enact legislation to provide that, on motion of the prosecution 
and with approval of a court, an individual who is not less than 10 
years of age and not more than 14 years of age, may be tried as an 
adult and, upon conviction, may be subject to any penalty (other than a 
sentence of death) if the individual is charged with an offense that, 
if committed by an adult, would be a felony offense for which the 
maximum penalty is a sentence of death.

      Subtitle C--Alternative Education and Delinquency Prevention

SEC. 331. ALTERNATIVE EDUCATION.

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

    ``Subpart 4--Alternative Education Demonstration Project Grants

``SEC. 1441. PROGRAM AUTHORITY.

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

``SEC. 1442. APPLICATIONS; GRANTEE SELECTION.

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

``SEC. 1443. AUTHORIZATION OF APPROPRIATIONS.

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

                   TITLE IV--MISCELLANEOUS PROVISIONS

                     Subtitle A--General Provisions

SEC. 401. PROHIBITION ON FIREARMS POSSESSION BY VIOLENT JUVENILE 
              OFFENDERS.

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

                 Subtitle B--Jail-Based Substance Abuse

SEC. 421. JAIL-BASED SUBSTANCE ABUSE TREATMENT PROGRAMS.

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

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

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

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