[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1900 Engrossed in House (EH)]

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[DOCID: f:h1900eh.txt]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
107th CONGRESS
  1st Session
                                H. R. 1900

_______________________________________________________________________

                                 AN ACT


 
To amend the Juvenile Justice and Delinquency Prevention Act of 1974 to 
    provide quality prevention programs and accountability programs 
       relating to juvenile delinquency, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Juvenile Justice 
and Delinquency Prevention Act of 2001''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Purpose.
Sec. 4. Definitions.
Sec. 5. Concentration of Federal effort.
Sec. 6. Coordinating Council on Juvenile Justice and Delinquency 
                            Prevention.
Sec. 7. Annual report.
Sec. 8. Allocation.
Sec. 9. State plans.
Sec. 10. Juvenile delinquency prevention block grant program.
Sec. 11. Research; evaluation; technical assistance; training.
Sec. 12. Demonstration projects.
Sec. 13. Authorization of appropriations.
Sec. 14. Administrative authority.
Sec. 15. Use of funds.
Sec. 16. Limitation on use of funds.
Sec. 17. Rules of construction.
Sec. 18. Leasing surplus Federal property.
Sec. 19. Issuance of rules.
Sec. 20. Content of materials.
Sec. 21. Technical and conforming amendments.
Sec. 22. Effective date; application of amendments.

SEC. 2. FINDINGS.

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

                               ``findings

    ``Sec. 101. (a) The Congress finds the following:
            ``(1) Although the juvenile violent crime arrest rate in 
        1999 was the lowest in the decade, there remains a consensus 
        that the number of crimes and the rate of offending by 
        juveniles nationwide is still too high.
            ``(2) According to the Office of Juvenile Justice and 
        Delinquency Prevention, allowing 1 youth to leave school for a 
        life of crime and of drug abuse costs society $1,700,000 to 
        $2,300,000 annually.
            ``(3) One in every 6 individuals (16.2 percent) arrested 
        for committing violent crime in 1999 was less than 18 years of 
        age. In 1999, juveniles accounted for 9 percent of murder 
        arrests, 17 percent of forcible rape arrests, 25 percent of 
        robbery arrest, 14 percent of aggravated assault arrests, and 
        24 percent of weapons arrests.
            ``(4) More than \1/2\ of juvenile murder victims are killed 
        with firearms. Of the nearly 1,800 murder victims less than 18 
        years of age, 17 percent of the victims less than 13 years of 
        age were murdered with a firearm, and 81 percent of the victims 
        13 years of age or older were killed with a firearm.
            ``(5) Juveniles accounted for 13 percent of all drug abuse 
        violation arrests in 1999. Between 1990 and 1999, juvenile 
        arrests for drug abuse violations rose 132 percent.
            ``(6) Over the last 3 decades, youth gang problems have 
        increased nationwide. In the 1970's, 19 States reported youth 
        gang problems. By the late 1990's, all 50 States and the 
        District of Columbia reported gang problems. For the same 
        period, the number of cities reporting youth gang problems grew 
        843 percent, and the number of counties reporting gang problems 
        increased more than 1,000 percent.
            ``(7) According to a national crime survey of individuals 
        12 years of age or older during 1999, those 12 to 19 years old 
        are victims of violent crime at higher rates than individuals 
        in all other age groups. Only 30.8 percent of these violent 
        victimizations were reported by youth to police in 1999.
            ``(8) One-fifth of juveniles 16 years of age who had been 
        arrested were first arrested before attaining 12 years of age. 
        Juveniles who are known to the juvenile justice system before 
        attaining 13 years of age are responsible for a 
        disproportionate share of serious crimes and violence.
            ``(9) The increase in the arrest rates for girls and young 
        juvenile offenders has changed the composition of violent 
        offenders entering the juvenile justice system.
            ``(10) These problems should be addressed through a 2-track 
        common sense approach that addresses the needs of individual 
        juveniles and society at large by promoting--
                    ``(A) quality prevention programs that--
                            ``(i) work with juveniles, their families, 
                        local public agencies, and community-based 
                        organizations, and take into consideration such 
                        factors as whether or not juveniles have been 
                        the victims of family violence (including child 
                        abuse and neglect); and
                            ``(ii) are designed to reduce risks and 
                        develop competencies in at-risk juveniles that 
                        will prevent, and reduce the rate of, violent 
                        delinquent behavior; and
                    ``(B) programs that assist in holding juveniles 
                accountable for their actions and in developing the 
                competencies necessary to become responsible and 
                productive members of their communities, including a 
                system of graduated sanctions to respond to each 
                delinquent act, requiring juveniles to make 
                restitution, or perform community service, for the 
                damage caused by their delinquent acts, and methods for 
                increasing victim satisfaction with respect to the 
                penalties imposed on juveniles for their acts.
            ``(11) Coordinated juvenile justice and delinquency 
        prevention projects that meet the needs of juveniles through 
        the collaboration of the many local service systems juveniles 
        encounter can help prevent juveniles from becoming delinquent 
        and help delinquent youth return to a productive life.
    ``(b) Congress must act now to reform this program by focusing on 
juvenile delinquency prevention programs, as well as programs that hold 
juveniles accountable for their acts and which provide opportunities 
for competency development. Without true reform, the juvenile justice 
system will not be able to overcome the challenges it will face in the 
coming years when the number of juveniles is expected to increase by 18 
percent between 2000 and 2030.''.

SEC. 3. PURPOSE.

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

                               ``purposes

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

SEC. 4. DEFINITIONS.

    Section 103 of the Juvenile Justice and Delinquency Prevention Act 
of 1974 (42 U.S.C. 5603) is amended--
            (1) in paragraph (3) by striking ``to help prevent juvenile 
        delinquency'' and inserting ``designed to reduce known risk 
        factors for juvenile delinquent behavior, provides activities 
        that build on protective factors for, and develop competencies 
        in, juveniles to prevent, and reduce the rate of, delinquent 
        juvenile behavior'',
            (2) in paragraph (4) by inserting ``title I of'' before 
        ``the Omnibus'' each place it appears,
            (3) in paragraph (7) by striking ``the Trust Territory of 
        the Pacific Islands,'',
            (4) in paragraph (12)(B) by striking ``, of any 
        nonoffender,'',
            (5) in paragraph (13)(B) by striking ``, any 
        nonoffender,'',
            (6) in paragraph (14) by inserting ``drug trafficking,'' 
        after ``assault,'',
            (7) in paragraph (16)--
                    (A) in subparagraph (A) by adding ``and'' at the 
                end, and
                    (B) by striking subparagraph (C),
            (8) in paragraph (22)--
                    (A) by redesignating subparagraphs (i), (ii), and 
                (iii) as subparagraphs (A), (B), and (C), respectively, 
                and
                    (B) by striking ``and'' at the end,
            (9) in paragraph (23) by striking the period at the end and 
        inserting a semicolon, and
            (10) by adding at the end the following:
            ``(24) the term `graduated sanctions' means an 
        accountability-based, graduated series of sanctions (including 
        incentives, treatment, and services) applicable to juveniles 
        within the juvenile justice system to hold such juveniles 
        accountable for their actions and to protect communities from 
        the effects of juvenile delinquency by providing appropriate 
        sanctions for every act for which a juvenile is adjudicated 
        delinquent, by inducing their law-abiding behavior, and by 
        preventing their subsequent involvement with the juvenile 
        justice system;
            ``(25) the term `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;
            ``(26) the term `sustained oral and visual contact' means 
        the imparting or interchange of speech by or between an adult 
        inmate and a juvenile, or clear visual contact between an adult 
        inmate and a juvenile in close proximity, but does not 
        include--
                    ``(A) brief communication or brief visual contact 
                that is accidental or incidental; or
                    ``(B) sounds or noises that cannot reasonably be 
                considered to be speech;
            ``(27) 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 or awaiting trial on a criminal charge, or 
                        is convicted of a criminal offense;
            ``(28) 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;
            ``(29) 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; and
            ``(30) 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 of the 
                Code of Federal Regulations, as in effect on December 
                10, 1996.''.

SEC. 5. CONCENTRATION OF FEDERAL EFFORT.

    Section 204 of the Juvenile Justice and Delinquency Prevention Act 
of 1974 (42 U.S.C. 5614) is amended--
            (1) in subsection (b)--
                    (A) in paragraph (3) by striking ``and of the 
                prospective'' and all that follows through 
                ``administered'',
                    (B) in paragraph (5) by striking ``parts C and D'' 
                each place it appears and inserting ``parts D and E'', 
                and
                    (C) by amending paragraph (7) to read as follows:
            ``(7) not later than 1 year after the date of the enactment 
        of this paragraph, issue model standards for providing mental 
        health care to incarcerated juveniles.'',
            (2) in subsection (c) by striking ``and reports'' and all 
        that follows through ``this part'', and inserting ``as may be 
        appropriate to prevent the duplication of efforts, and to 
        coordinate activities, related to the prevention of juvenile 
        delinquency'',
            (3) by striking subsection (i), and
            (4) by redesignating subsection (h) as subsection (f).

SEC. 6. COORDINATING COUNCIL ON JUVENILE JUSTICE AND DELINQUENCY 
              PREVENTION.

    Section 206(c)(2)(B) of the Juvenile Justice and Delinquency 
Prevention Act of 1974 (42 U.S.C. 5616(c)(2)(B)) is amended by striking 
``Education and Labor'' and inserting ``Education and the Workforce''.

SEC. 7. ANNUAL REPORT.

    Section 207 of the Juvenile Justice and Delinquency Prevention Act 
of 1974 (42 U.S.C. 5617) is amended by striking paragraphs (4) and (5), 
and inserting the following:
            ``(4) An evaluation of the programs funded under this title 
        and their effectiveness in reducing the incidence of juvenile 
        delinquency, particularly violent crime, committed by 
        juveniles.''.

SEC. 8. ALLOCATION.

    Section 222 of the Juvenile Justice and Delinquency Prevention Act 
of 1974 (42 U.S.C. 5632) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (2)--
                            (i) in subparagraph (A)--
                                    (I) by striking ``(other than parts 
                                D and E)'',
                                    (II) by striking ``amount, up to 
                                $400,000,'' and inserting ``amount up 
                                to $400,000'',
                                    (III) by striking ``1992'' the 1st 
                                place it appears and inserting 
                                ``2000,'',
                                    (IV) by striking ``1992'' the last 
                                place it appears and inserting 
                                ``2000'',
                                    (V) by striking ``the Trust 
                                Territory of the Pacific Islands,'', 
                                and
                                    (VI) by striking ``amount, up to 
                                $100,000,'' and inserting ``amount up 
                                to $100,000'',
                            (ii) in subparagraph (B)--
                                    (I) by striking ``(other than part 
                                D)'',
                                    (II) by striking ``$400,000'' and 
                                inserting ``$600,000'',
                                    (III) by striking ``or such greater 
                                amount, up to $600,000'' and all that 
                                follows through ``section 299(a) (1) 
                                and (3)'',
                                    (IV) by striking ``the Trust 
                                Territory of the Pacific Islands,'',
                                    (V) by striking ``amount, up to 
                                $100,000,'' and inserting ``amount up 
                                to $100,000'', and
                                    (VI) by striking ``1992'' and 
                                inserting ``2000,'',
                    (B) in paragraph (3)--
                            (i) by striking ``allot'' and inserting 
                        ``allocate'', and
                            (ii) by striking ``1992'' each place it 
                        appears and inserting ``2000'', and
            (2) in subsection (b) by striking ``the Trust Territory of 
        the Pacific Islands,''.

SEC. 9. STATE PLANS.

    Section 223 of the Juvenile Justice and Delinquency Prevention Act 
of 1974 (42 U.S.C. 5633) is amended--
            (1) in subsection (a)--
                    (A) in the 2d sentence by striking ``and 
                challenge'' and all that follows through ``part E'', 
                and inserting ``, projects, and activities'',
                    (B) in paragraph (3)--
                            (i) by striking ``, which--'' and inserting 
                        ``that--'',
                            (ii) in subparagraph (A)--
                                    (I) by striking ``not less'' and 
                                all that follows through ``33'', and 
                                inserting ``the attorney general of the 
                                State or such other State official who 
                                has primary responsibility for 
                                overseeing the enforcement of State 
                                criminal laws, and'',
                                    (II) by inserting ``, in 
                                consultation with the attorney general 
                                of the State or such other State 
                                official who has primary responsibility 
                                for overseeing the enforcement of State 
                                criminal laws'' after ``State'',
                                    (III) in clause (i) by striking 
                                ``or the administration of juvenile 
                                justice'' and inserting ``, the 
                                administration of juvenile justice, or 
                                the reduction of juvenile 
                                delinquency'',
                                    (IV) in clause (ii) by striking 
                                ``include--'' and all that follows 
                                through the semicolon at the end of 
                                subclause (VIII), and inserting the 
                                following:
                        ``represent a multidisciplinary approach to 
                        addressing juvenile delinquency and may 
                        include--
                                    ``(I) individuals who represent 
                                units of general local government, law 
                                enforcement and juvenile justice 
                                agencies, public agencies concerned 
                                with the prevention and treatment of 
                                juvenile delinquency and with the 
                                adjudication of juveniles, juveniles, 
                                or nonprofit private organizations, 
                                particularly such organizations that 
                                serve juveniles; and
                                    ``(II) such other individuals as 
                                the chief executive officer considers 
                                to be appropriate; and'', and
                                    (V) by striking clauses (iv) and 
                                (v),
                            (iii) in subparagraph (D)--
                                    (I) in clause (i) by inserting 
                                ``and'' at the end,
                                    (II) in clause (ii) by striking 
                                ``paragraphs'' and all that follows 
                                through ``part E'', and inserting 
                                ``paragraphs (11), (12), and (13)'', 
                                and
                                    (III) by striking clause (iii), and
                            (iv) in subparagraph (E) by striking 
                        ``title--'' and all that follows through 
                        ``(ii)'' and inserting ``title,'',
                    (C) in paragraph (5)--
                            (i) in the matter preceding subparagraph 
                        (A) by striking ``, other than'' and inserting 
                        ``reduced by the percentage (if any) specified 
                        by the State under the authority of paragraph 
                        (25) and excluding'', and
                            (ii) in subparagraph (C) by striking 
                        ``paragraphs (12)(A), (13), and (14)'' and 
                        inserting ``paragraphs (11), (12), and (13)'',
                    (D) by striking paragraph (6),
                    (E) in paragraph (7) by inserting ``, including in 
                rural areas'' before the semicolon at the end,
                    (F) in paragraph (8)--
                            (i) in subparagraph (A)--
                                    (I) by striking ``for (i)'' and all 
                                that follows through ``relevant 
                                jurisdiction'', and inserting ``for an 
                                analysis of juvenile delinquency 
                                problems in, and the juvenile 
                                delinquency control and delinquency 
                                prevention needs (including educational 
                                needs) of, the State'', and
                                    (II) by striking ``of the 
                                jurisdiction; (ii)'' and all that 
                                follows through the semicolon at the 
                                end, and inserting ``of the State; 
                                and'',
                            (ii) by amending subparagraph (B) to read 
                        as follows:
            ``(B) contain--
                    ``(i) a plan for providing needed gender-specific 
                services for the prevention and treatment of juvenile 
                delinquency;
                    ``(ii) a plan for providing needed services for the 
                prevention and treatment of juvenile delinquency in 
                rural areas; and
                    ``(iii) a plan for providing needed mental health 
                services to juveniles in the juvenile justice system, 
                including information on how such plan is being 
                implemented and how such services will be targeted to 
                those juveniles in such system who are in greatest need 
                of such services;'', and
                            (iii) by striking subparagraphs (C) and 
                        (D),
                    (G) by amending paragraph (9) to read as follows:
            ``(9) provide for the coordination and maximum utilization 
        of existing juvenile delinquency programs, programs operated by 
        public and private agencies and organizations, and other 
        related programs (such as education, special education, 
        recreation, health, and welfare programs) in the State;'',
                    (H) in paragraph (10)--
                            (i) in subparagraph (A)--
                                    (I) by striking ``, specifically'' 
                                and inserting ``including'',
                                    (II) by striking clause (i), and
                                    (III) redesignating clauses (ii) 
                                and (iii) as clauses (i) and (ii), 
                                respectively,
                            (ii) by amending subparagraph (D) to read 
                        as follows:
                    ``(D) programs that provide treatment to juvenile 
                offenders who are victims of child abuse or neglect, 
                and to their families, in order to reduce the 
                likelihood that such juvenile offenders will commit 
                subsequent violations of law;'',
                            (iii) in subparagraph (E)--
                                    (I) by redesignating clause (ii) as 
                                clause (iii), and
                                    (II) by striking ``juveniles, 
                                provided'' and all that follows through 
                                ``provides; and'', and inserting the 
                                following:
                ``juveniles--
                            ``(i) to encourage juveniles to remain in 
                        elementary and secondary schools or in 
                        alternative learning situations;
                            ``(ii) to provide services to assist 
                        juveniles in making the transition to the world 
                        of work and self-sufficiency; and'',
                            (iv) by amending subparagraph (F) to read 
                        as follows:
                    ``(F) expanding the use of probation officers--
                            ``(i) particularly for the purpose of 
                        permitting nonviolent juvenile offenders 
                        (including status offenders) to remain at home 
                        with their families as an alternative to 
                        incarceration or institutionalization; and
                            ``(ii) to ensure that juveniles follow the 
                        terms of their probation;'',
                            (v) by amending subparagraph (G) to read as 
                        follows:
                    ``(G) one-on-one mentoring programs that are 
                designed to link at-risk juveniles and juvenile 
                offenders, particularly juveniles residing in high-
                crime areas and juveniles experiencing educational 
                failure, with responsible adults (such as law 
                enforcement officers, Department of Defense personnel, 
                adults working with local businesses, and adults 
                working with community-based organizations and 
                agencies) who are properly screened and trained;'',
                            (vii) in subparagraph (H) by striking 
                        ``handicapped youth'' and inserting ``juveniles 
                        with disabilities'',
                            (viii) by striking subparagraph (K),
                            (ix) in subparagraph (L)--
                                    (I) in clause (iv) by adding 
                                ``and'' at the end,
                                    (II) in clause (v) by striking 
                                ``and'' at the end, and
                                    (III) by striking clause (vi),
                            (x) in subparagraph (M) by striking ``boot 
                        camps'',
                            (xi) by amending subparagraph (N) to read 
                        as follows:
                    ``(N) 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;'',
                            (xii) in subparagraph (O)--
                                    (I) in striking ``cultural'' and 
                                inserting ``other'', and
                                    (II) by striking the period at the 
                                end and inserting a semicolon,
                            (xiii) by redesignating subparagraphs (L), 
                        (M), (N), and (O) as subparagraphs (K), (L), 
                        (M), and (N), respectively; and
                            (xiv) by adding at the end the following:
                    ``(O) programs designed to prevent and to reduce 
                hate crimes committed by juveniles;
                    ``(P) after-school programs that provide at-risk 
                juveniles and juveniles in the juvenile justice system 
                with a range of age-appropriate activities, including 
                tutoring, mentoring, and other educational and 
                enrichment activities;
                    ``(Q) community-based programs that provide follow-
                up post-placement services to adjudicated juveniles, to 
                promote successful reintegration into the community;
                    ``(R) projects designed to develop and implement 
                programs to protect the rights of juveniles affected by 
                the juvenile justice system; and
                    ``(S) programs designed to provide mental health 
                services for incarcerated juveniles suspected to be in 
                need of such services, including assessment, 
                development of individualized treatment plans, and 
                discharge plans.'',
                    (I) by amending paragraph (12) to read as follows:
            ``(12) shall, in accordance with rules issued by the 
        Administrator, provide that--
                    ``(A) juveniles who are charged with or who have 
                committed an offense that would not be criminal if 
                committed by an adult, excluding--
                            ``(i) juveniles who are charged with or who 
                        have committed a violation of section 922(x)(2) 
                        of title 18, United States Code, or of a 
                        similar State law;
                            ``(ii) juveniles who are charged with or 
                        who have committed a violation of a valid court 
                        order; and
                            ``(iii) juveniles who are held in 
                        accordance with the Interstate Compact on 
                        Juveniles as enacted by the State;
                shall not be placed in secure detention facilities or 
                secure correctional facilities; and
                    ``(B) juveniles--
                            ``(i) who are not charged with any offense; 
                        and
                            ``(ii) who are--
                                    ``(I) aliens; or
                                    ``(II) alleged to be dependent, 
                                neglected, or abused;
                shall not be placed in secure detention facilities or 
                secure correctional facilities;'',
                    (J) by amending paragraph (13) to read as follows:
            ``(13) provide that--
                    ``(A) juveniles alleged to be or found to be 
                delinquent 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 and visual contact with adult 
                inmates; and
                    ``(B) there is in effect in the State a policy that 
                requires individuals who work with both such juveniles 
                and such adult inmates, including in collocated 
                facilities, have been trained and certified to work 
                with juveniles;'',
                    (K) by amending paragraph (14) to read as follows:
            ``(14) provide that no juvenile will be detained or 
        confined in any jail or lockup for adults except--
                    ``(A) juveniles who are accused of nonstatus 
                offenses and who are detained in such jail or lockup 
                for a period not to exceed 6 hours--
                            ``(i) for processing or release;
                            ``(ii) while awaiting transfer to a 
                        juvenile facility; or
                            ``(iii) in which period such juveniles make 
                        a court appearance;
                and only if such juveniles do not have prohibited 
                physical contact or sustained oral and visual contact 
                with adults inmates and only if there is in effect in 
                the State a policy that requires individuals who work 
                with both such juveniles and adult inmates in 
                collocated facilities have been trained and certified 
                to work with juveniles;
                    ``(B) juveniles who are accused of nonstatus 
                offenses, who are awaiting an initial court appearance 
                that will occur within 48 hours after being taken into 
                custody (excluding Saturdays, Sundays, and legal 
                holidays), and who are detained in a jail or lockup--
                            ``(i) in which--
                                    ``(I) such juveniles do not have 
                                prohibited physical contact or 
                                sustained oral and visual contact with 
                                adults inmates; and
                                    ``(II) there is in effect in the 
                                State a policy that requires 
                                individuals who work with both such 
                                juveniles and adults 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) and has no existing acceptable 
                                alternative placement available;
                                    ``(II) is located where conditions 
                                of distance to be traveled or the lack 
                                of highway, road, or transportation do 
                                not allow for court appearances within 
                                48 hours (excluding Saturdays, Sundays, 
                                and legal holidays) so that a brief 
                                (not to exceed an additional 48 hours) 
                                delay is excusable; or
                                    ``(III) is located where conditions 
                                of safety exist (such as severe 
                                adverse, life-threatening weather 
                                conditions that do not allow for 
                                reasonably safe travel), in which case 
                                the time for an appearance may be 
                                delayed until 24 hours after the time 
                                that such conditions allow for 
                                reasonable safe travel;
                    ``(C) juveniles who are accused of nonstatus 
                offenses and who are detained not to exceed 20 days in 
                a jail or lockup that satisfies the requirements of 
                subparagraph (B)(i) if--
                            ``(i) such jail or lockup--
                                    ``(I) is located outside a 
                                metropolitan statistical area (as 
                                defined by the Office of Management and 
                                Budget); and
                                    ``(II) has no existing acceptable 
                                alternative placement available;
                            ``(ii) a parent or other legal guardian (or 
                        guardian ad litem) of the juvenile involved, in 
                        consultation with the counsel representing the 
                        juvenile, consents to detaining such juvenile 
                        in accordance with this subparagraph and has 
                        the right to revoke such consent at any time;
                            ``(iii) the juvenile has counsel, and the 
                        counsel representing such juvenile--
                                    ``(I) consults with the parents of 
                                the juvenile to determine the 
                                appropriate placement of the juvenile; 
                                and
                                    ``(II) has an opportunity to 
                                present the juvenile's position 
                                regarding the detention involved to the 
                                court before the court approves such 
                                detention;
                            ``(iv) the court hears from the juvenile 
                        before court approval of such placement; and
                            ``(v) detaining such juvenile in accordance 
                        with this subparagraph is--
                                    ``(I) approved in advance by a 
                                court with competent jurisdiction that 
                                has determined that such placement is 
                                in the best interest of such juvenile; 
                                and
                                    ``(II) required to be reviewed 
                                periodically and in the presence of the 
                                juvenile, at intervals of not more than 
                                5 days (excluding Saturdays, Sundays, 
                                and legal holidays), by such court for 
                                the duration of detention;'',
                    (L) in paragraph (15)--
                            (i) by striking ``paragraph (12)(A), 
                        paragraph (13), and paragraph (14)'' and 
                        inserting ``paragraphs (11), (12), and (13)'', 
                        and
                            (ii) by striking ``paragraph (12)(A) and 
                        paragraph (13)'' and inserting ``paragraphs 
                        (11) and (12)'',
                    (M) in paragraph (16) by striking ``mentally, 
                emotionally, or physically handicapping conditions'' 
                and inserting ``disability'',
                    (N) by amending paragraph (19) to read as follows:
            ``(19) provide assurances that--
                    ``(A) any assistance provided under this Act will 
                not cause the displacement (including a partial 
                displacement, such as a reduction in the hours of 
                nonovertime work, wages, or employment benefits) of any 
                currently employed employee;
                    ``(B) activities assisted under this Act will not 
                impair an existing collective bargaining relationship, 
                contract for services, or collective bargaining 
                agreement; and
                    ``(C) no such activity that would be inconsistent 
                with the terms of a collective bargaining agreement 
                shall be undertaken without the written concurrence of 
                the labor organization involved;'',
                    (O) by amending paragraph (22) to read as follows:
            ``(22) provide that the State agency designated under 
        paragraph (1) will--
                    ``(A) to the extent practicable give priority in 
                funding to programs and activities that are based on 
                rigorous, systematic, and objective research that is 
                scientifically based;
                    ``(B) from time to time, but not less 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 it 
                considers necessary; and
                    ``(C) not expend funds to carry out a program if 
                the recipient of funds who carried out such program 
                during the preceding 2-year period fails to 
                demonstrate, before the expiration of such 2-year 
                period, that such program achieved substantial success 
                in achieving the goals specified in the application 
                submitted by such recipient to the State agency;'',
                    (P) by amending paragraph (23) to read as follows:
            ``(23) address juvenile delinquency prevention efforts and 
        system improvement efforts designed to reduce, without 
        establishing or requiring numerical standards or quotas, the 
        disproportionate number of juvenile members of minority groups, 
        who come into contact with the juvenile justice system;'',
                    (Q) by amending paragraph (24) to read as follows:
            ``(24) provide that if a juvenile is taken into custody for 
        violating a valid court order issued for committing a status 
        offense--
                    ``(A) an appropriate public agency shall be 
                promptly notified that such juvenile is held in custody 
                for violating such order;
                    ``(B) not later than 24 hours during which such 
                juvenile is so held, an authorized representative of 
                such agency shall interview, in person, such juvenile; 
                and
                    ``(C) not later than 48 hours during which such 
                juvenile is so held--
                            ``(i) such representative shall submit an 
                        assessment to the court that issued such order, 
                        regarding the immediate needs of such juvenile; 
                        and
                            ``(ii) such court shall conduct a hearing 
                        to determine--
                                    ``(I) whether there is reasonable 
                                cause to believe that such juvenile 
                                violated such order; and
                                    ``(II) the appropriate placement of 
                                such juvenile pending disposition of 
                                the violation alleged;'',
                    (R) in paragraph (25)--
                            (i) by striking ``1992'' and inserting 
                        ``2000'', and
                            (ii) by striking the period at the end and 
                        inserting a semicolon,
                    (S) by redesignating paragraphs (7) through (25) as 
                paragraphs (6) through (24), respectively, and
                    (T) by adding at the end the following:
            ``(25) specify a percentage (if any), not to exceed 5 
        percent, of funds received by the State under section 222 
        (other than funds made available to the State advisory group 
        under section 222(d)) that the State will reserve for 
        expenditure by the State to provide incentive grants to units 
        of general local government that reduce the caseload of 
        probation officers within such units;
            ``(26) provide that the State, to the maximum extent 
        practicable, will implement a system to ensure that if a 
        juvenile is before a court in the juvenile justice system, 
        public child welfare records (including child protective 
        services records) relating to such juvenile that are on file in 
        the geographical area under the jurisdiction of such court will 
        be made known to such court;
            ``(27) establish policies and systems to incorporate 
        relevant child protective services records into juvenile 
        justice records for purposes of establishing and implementing 
        treatment plans for juvenile offenders; and
            ``(28) provide assurances that juvenile offenders whose 
        placement is funded through section 472 of the Social Security 
        Act (42 U.S.C. 672) receive the protections specified in 
        section 471 of such Act (42 U.S.C. 671), including a case plan 
        and case plan review as defined in section 475 of such Act (42 
        U.S.C. 675).'',
            (2) by amending subsection (c) to read as follows:
    ``(c) If a State fails to comply with any of the applicable 
requirements of paragraphs (11), (12), (13), and (22) of subsection (a) 
in any fiscal year beginning after September 30, 2001, then--
            ``(1) subject to paragraph (2), the amount allocated to 
        such State under section 222 for the subsequent fiscal year 
        shall be reduced by not less than 12.5 percent for each such 
        paragraph with respect to which the failure occurs, and
            ``(2) the State shall be ineligible to receive any 
        allocation under such section for such fiscal year unless--
                    ``(A) the State agrees to expend 50 percent of the 
                amount allocated to the State for such fiscal year to 
                achieve compliance with any such paragraph with respect 
                to which the State is in noncompliance; or
                    ``(B) the Administrator determines that the State--
                            ``(i) has achieved substantial compliance 
                        with such applicable requirements with respect 
                        to which the State was not in compliance; and
                            ``(ii) has made, through appropriate 
                        executive or legislative action, an unequivocal 
                        commitment to achieving full compliance with 
                        such applicable requirements within a 
                        reasonable time.'',
            (3) in subsection (d)--
                    (A) by striking ``allotment'' and inserting 
                ``allocation'', and
                    (B) by striking ``subsection (a) (12)(A), (13), 
                (14) and (23)'' each place it appears and inserting 
                ``paragraphs (11), (12), (13), and (22) of subsection 
                (a)'', and
            (4) by adding at the end the following:
          ``(e) Notwithstanding any other provision of law, the 
Administrator shall establish appropriate administrative and 
supervisory board membership requirements for a State agency designated 
under subsection (a)(1) and permit the State advisory group appointed 
under subsection (a)(3) to operate as the supervisory board for such 
agency, at the discretion of the chief executive officer of the 
State.''.

SEC. 10. JUVENILE DELINQUENCY PREVENTION BLOCK GRANT PROGRAM.

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

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

``SEC. 241. AUTHORITY TO MAKE GRANTS.

    ``(a) Grants to Eligible States.--The Administrator may make grants 
to eligible States, from funds allocated under section 242, for the 
purpose of providing financial assistance to eligible entities to carry 
out projects designed to prevent juvenile delinquency, including--
            ``(1) projects that provide treatment (including treatment 
        for mental health problems) to juvenile offenders, and 
        juveniles who are at risk of becoming juvenile offenders, who 
        are victims of child abuse or neglect or who have experienced 
        violence in their homes, at school, or in the community, and to 
        their families, in order to reduce the likelihood that such 
        juveniles will commit violations of law;
            ``(2) educational projects or supportive services for 
        delinquent or other juveniles--
                    ``(A) to encourage juveniles to remain in 
                elementary and secondary schools or in alternative 
                learning situations in educational settings;
                    ``(B) to provide services to assist juveniles in 
                making the transition to the world of work and self-
                sufficiency;
                    ``(C) to assist in identifying learning 
                difficulties (including learning disabilities);
                    ``(D) to prevent unwarranted and arbitrary 
                suspensions and expulsions;
                    ``(E) to encourage new approaches and techniques 
                with respect to the prevention of school violence and 
                vandalism;
                    ``(F) which assist law enforcement personnel and 
                juvenile justice personnel to more effectively 
                recognize and provide for learning-disabled and other 
                juveniles with disabilities;
                    ``(G) which develop locally coordinated policies 
                and programs among education, juvenile justice, and 
                social service agencies; or
                    ``(H) to provide services to juveniles with serious 
                mental and emotional disturbances (SED) in need of 
                mental health services;
            ``(3) projects which expand the use of probation officers--
                    ``(A) particularly for the purpose of permitting 
                nonviolent juvenile offenders (including status 
                offenders) to remain at home with their families as an 
                alternative to incarceration or institutionalization; 
                and
                    ``(B) to ensure that juveniles follow the terms of 
                their probation;
            ``(4) one-on-one mentoring projects that are designed to 
        link at-risk juveniles and juvenile offenders who did not 
        commit serious crime, particularly juveniles residing in high-
        crime areas and juveniles experiencing educational failure, 
        with responsible adults (such as law enforcement officers, 
        adults working with local businesses, and adults working for 
        community-based organizations and agencies) who are properly 
        screened and trained;
            ``(5) community-based projects and services (including 
        literacy and social service programs) which work with juvenile 
        offenders and juveniles who are at risk of becoming juvenile 
        offenders, including those from families with limited English-
        speaking proficiency, their parents, their siblings, and other 
        family members during and after incarceration of the juvenile 
        offenders, in order to strengthen families, to allow juvenile 
        offenders to be retained in their homes, and to prevent the 
        involvement of other juvenile family members in delinquent 
        activities;
            ``(6) projects designed to provide for the treatment 
        (including mental health services) of juveniles for dependence 
        on or abuse of alcohol, drugs, or other harmful substances;
            ``(7) projects which leverage funds to provide scholarships 
        for postsecondary education and training for low-income 
        juveniles who reside in neighborhoods with high rates of 
        poverty, violence, and drug-related crimes;
            ``(8) projects which provide for an initial intake 
        screening of each juvenile taken into custody--
                    ``(A) to determine the likelihood that such 
                juvenile will commit a subsequent offense; and
                    ``(B) to provide appropriate interventions 
                (including mental health services) to prevent such 
                juvenile from committing subsequent offenses;
            ``(9) projects (including school- or community-based 
        projects) that are designed to prevent, and reduce the rate of, 
        the participation of juveniles in gangs that commit crimes 
        (particularly violent crimes), that unlawfully use firearms and 
        other weapons, or that unlawfully traffic in drugs and that 
        involve, to the extent practicable, families and other 
        community members (including law enforcement personnel and 
        members of the business community) in the activities conducted 
        under such projects;
            ``(10) comprehensive juvenile justice and delinquency 
        prevention projects that meet the needs of juveniles through 
        the collaboration of the many local service systems juveniles 
        encounter, including schools, courts, law enforcement agencies, 
        child protection agencies, mental health agencies, welfare 
        services, health care agencies (including collaboration on 
        appropriate prenatal care for pregnant juvenile offenders), 
        private nonprofit agencies, and public recreation agencies 
        offering services to juveniles;
            ``(11) to develop, implement, and support, in conjunction 
        with public and private agencies, organizations, and 
        businesses, projects for the employment of juveniles and 
        referral to job training programs (including referral to 
        Federal job training programs);
            ``(12) delinquency prevention activities which involve 
        youth clubs, sports, recreation and parks, peer counseling and 
        teaching, the arts, leadership development, community service, 
        volunteer service, before- and after-school programs, violence 
        prevention activities, mediation skills training, camping, 
        environmental education, ethnic or cultural enrichment, 
        tutoring, and academic enrichment;
            ``(13) to establish policies and systems to incorporate 
        relevant child protective services records into juvenile 
        justice records for purposes of establishing treatment plans 
        for juvenile offenders;
            ``(14) programs that encourage social competencies, 
        problem-solving skills, and communication skills, youth 
        leadership, and civic involvement;
            ``(15) programs that focus on the needs of young girls at-
        risk of delinquency or status offenses;
            ``(16) projects which provide for--
                    ``(A) an assessment by a qualified mental health 
                professional of incarcerated juveniles who are 
                suspected to be in need of mental health services;
                    ``(B) the development of an individualized 
                treatment plan for those incarcerated juveniles 
                determined to be in need of such services;
                    ``(C) the inclusion of a discharge plan for 
                incarcerated juveniles receiving mental health services 
                that addresses aftercare services; and
                    ``(D) all juveniles receiving psychotropic 
                medications to be under the care of a licensed mental 
                health professional;
            ``(17) after-school programs that provide at-risk juveniles 
        and juveniles in the juvenile justice system with a range of 
        age-appropriate activities, including tutoring, mentoring, and 
        other educational and enrichment activities;
            ``(18) programs related to the establishment and 
        maintenance of a school violence hotline, based on a public-
        private partnership, that students and parents can use to 
        report suspicious, violent, or threatening behavior to local 
        school and law enforcement authorities;
            ``(19) programs (excluding programs to purchase guns from 
        juveniles) designed to reduce the unlawful acquisition and 
        illegal use of guns by juveniles, including partnerships 
        between law enforcement agencies, health professionals, school 
        officials, firearms manufacturers, consumer groups, faith-based 
        groups and community organizations;
            ``(20) programs designed to prevent animal cruelty by 
        juveniles and to counsel juveniles who commit animal cruelty 
        offenses, including partnerships among law enforcement 
        agencies, animal control officers, social services agencies, 
        and school officials;
            ``(21) programs that provide suicide prevention services 
        for incarcerated juveniles and for juveniles leaving the 
        incarceration system;
            ``(22) programs to establish partnerships between State 
        educational agencies and local educational agencies for the 
        design and implementation of character education and training 
        programs that reflect the values of parents, teachers, and 
        local communities, and incorporate elements of good character, 
        including honesty, citizenship, courage, justice, respect, 
        personal responsibility, and trustworthiness;
            ``(23) programs that foster strong character development in 
        at-risk juveniles and juveniles in the juvenile justice system;
            ``(24) local programs that provide for immediate 
        psychological evaluation and follow-up treatment (including 
        evaluation and treatment during a mandatory holding period for 
        not less than 24 hours) for juveniles who bring a gun on school 
        grounds without permission from appropriate school authorities; 
        and
            ``(25) other activities that are likely to prevent juvenile 
        delinquency.
    ``(b) Grants to Eligible Indian Tribes.--The Administrator may make 
grants to eligible Indian tribes from funds allocated under section 
242(b), to carry out projects of the kinds described in subsection (a).

``SEC. 242. ALLOCATION.

    ``(a) Allocation Among Eligible States.--Subject to subsection (b), 
funds appropriated to carry out this part shall be allocated among 
eligible States proportionately based on the population that is less 
than 18 years of age in the eligible States.
    ``(b) Allocation Among Indian Tribes Collectively.--Before 
allocating funds under subsection (a) among eligible States, the 
Administrator shall allocate among eligible Indian tribes as determined 
under section 246(a), an aggregate amount equal to the amount such 
tribes would be allocated under subsection (a), and without regard to 
this subsection, if such tribes were treated collectively as an 
eligible State.

``SEC. 243. ELIGIBILITY OF STATES.

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

``SEC. 244. GRANTS FOR LOCAL PROJECTS.

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

``SEC. 245. ELIGIBILITY OF ENTITIES.

    ``(a) Eligibility.--Except as provided in subsection (b), to be 
eligible to receive a grant under section 244, a unit of general 
purpose local government, acting jointly with not fewer than 2 private 
nonprofit agencies, organizations, and institutions that have 
experience dealing with juveniles, shall submit to the State an 
application that contains the following:
            ``(1) An assurance that such applicant will use such grant, 
        and each such grant received for the subsequent fiscal year, to 
        carry out throughout a 2-year period a project or activity 
        described in reasonable detail, and of a kind described in one 
        or more of paragraphs (1) through (25) of section 241(a) as 
        specified in, such application.
            ``(2) A statement of the particular goals such project or 
        activity is designed to achieve, and the methods such entity 
        will use to achieve, and assess the achievement of, each of 
        such goals.
            ``(3) A statement identifying the research (if any) such 
        entity relied on in preparing such application.
    ``(b) Limitation.--If an eligible entity that receives a grant 
under section 244 to carry out a project or activity for a 2-year 
period, and receives technical assistance from the State or the 
Administrator after requesting such technical assistance (if any), 
fails to demonstrate, before the expiration of such 2-year period, that 
such project or such activity has achieved substantial success in 
achieving the goals specified in the application submitted by such 
entity to receive such grants, then such entity shall not be eligible 
to receive any subsequent grant under such section to continue to carry 
out such project or activity.

``SEC. 246. GRANTS TO INDIAN TRIBES.

    ``(a) Eligibility.--
            ``(1) Application.--To be eligible to receive a grant under 
        section 241(b), an Indian tribe shall submit to the 
        Administrator an application in accordance with this section, 
        in such form and containing such information as the 
        Administrator may require by rule.
            ``(2) Plans.--Such application shall include a plan for 
        conducting programs, projects, and activities described in 
        section 241(a), which plan shall--
                    ``(A) provide evidence that the applicant 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 with funds 
                provided by the grant for which such application is 
                submitted, by the Indian tribe in the geographical area 
                under the jurisdiction of the Indian tribe;
                    ``(C) provide for fiscal control and accounting 
                procedures that--
                            ``(i) are necessary to ensure the prudent 
                        use, proper disbursement, and accounting of 
                        grants received by applicants under this 
                        section; and
                            ``(ii) are consistent with the requirement 
                        specified in subparagraph (B); and
                    ``(D) comply with the requirements specified in 
                section 223(a) (excluding any requirement relating to 
                consultation with a State advisory group) and with the 
                requirements specified in section 222(c); and
                    ``(E) contain such other information, and be 
                subject to such additional requirements, as the 
                Administrator may reasonably require by rule to ensure 
                the effectiveness of the projects for which grants are 
                made under section 241(b).
    ``(b) Factors for Consideration.--For the purpose of selecting 
eligible applicants to receive grants under section 241(b), the 
Administrator shall consider--
            ``(1) the resources that are available to each applicant 
        Indian tribe that will assist, and be coordinated with, the 
        overall juvenile justice system of the Indian tribe; and
            ``(2) with respect to each such applicant--
                    ``(A) the juvenile population; and
                    ``(B) the population and the entities that will be 
                served by projects proposed to be carried out with the 
                grant for which the application is submitted.
    ``(c) Grant Process.--
            ``(1) Selection of grant recipients.--
                    ``(A) Selection Requirements.--Except as provided 
                in paragraph (2), the Administrator shall--
                            ``(i) make grants under this section on a 
                        competitive basis; and
                            ``(ii) specify in writing to each applicant 
                        selected to receive a grant under this section, 
                        the terms and conditions on which such grant is 
                        made to such applicant.
                    ``(B) Period of grant.--A grant made under this 
                section shall be available for expenditure during a 2-
                year period.
            ``(2) Exception.--If--
                    ``(A) in the 2-year period for which a grant made 
                under this section shall be expended, the recipient of 
                such grant applies to receive a subsequent grant under 
                this section; and
                    ``(B) the Administrator determines that such 
                recipient performed during the year preceding the 2-
                year period for which such recipient applies to receive 
                such subsequent grant satisfactorily and in accordance 
                with the terms and conditions applicable to the grant 
                received;
        then the Administrator may waive the application of the 
        competition-based requirement specified in paragraph (1)(A)(i) 
        and may allow the applicant to incorporate by reference in the 
        current application the text of the plan contained in the 
        recipient's most recent application previously approved under 
        this section.
            ``(3) Authority to modify application process for 
        subsequent grants.--The Administrator may modify by rule the 
        operation of subsection (a) with respect to the submission and 
        contents of applications for subsequent grants described in 
        paragraph (2).
    ``(d) 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.
    ``(e) Matching Requirement.--(1) Funds appropriated 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.
    ``(2) Paragraph (1) shall not apply with respect to funds 
appropriated before the date of the enactment of the Juvenile Justice 
and Delinquency Prevention Act of 2001.
    ``(3) If the Administrator determines that an Indian tribe does not 
have sufficient funds available to meet the non-Federal share of the 
cost of any program or activity to be funded under the grant, the 
Administrator may increase the Federal share of the cost thereof to the 
extent the Administrator deems necessary.''.

SEC. 11. RESEARCH; EVALUATION; TECHNICAL ASSISTANCE; TRAINING.

    Title II of the Juvenile Justice and Delinquency Prevention Act of 
1974 (42 U.S.C. 5611 et seq.) is amended by inserting after part C, as 
added by section 10, the following:

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

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

    ``(a) Research and Evaluation.--(1) The Administrator may--
            ``(A) plan and identify the purposes and goals of all 
        agreements carried out with funds provided under this 
        subsection; and
            ``(B) conduct research or evaluation in juvenile justice 
        matters, for the purpose of providing research and evaluation 
        relating to--
                    ``(i) the prevention, reduction, and control of 
                juvenile delinquency and serious crime committed by 
                juveniles;
                    ``(ii) the link between juvenile delinquency and 
                the incarceration of members of the families of 
                juveniles;
                    ``(iii) successful efforts to prevent first-time 
                minor offenders from committing subsequent involvement 
                in serious crime;
                    ``(iv) successful efforts to prevent recidivism;
                    ``(v) the juvenile justice system;
                    ``(vi) juvenile violence;
                    ``(vii) appropriate mental health services for 
                juveniles and youth at risk of participating in 
                delinquent activities;
                    ``(viii) reducing the proportion of juveniles 
                detained or confined in secure detention facilities, 
                secure correctional facilities, jails, and lockups who 
                are members of minority groups;
                    ``(ix) evaluating services, treatment, and 
                aftercare placement of juveniles who were under the 
                care of the State child protection system before their 
                placement in the juvenile justice system;
                    ``(x) determining--
                            ``(I) the frequency, seriousness, and 
                        incidence of drug use by youth in schools and 
                        communities in the States using, if 
                        appropriate, data submitted by the States 
                        pursuant to this subparagraph and subsection 
                        (b); and
                            ``(II) the frequency, degree of harm, and 
                        morbidity of violent incidents, particularly 
                        firearm-related injuries and fatalities, by 
                        youth in schools and communities in the States, 
                        including information with respect to--
                                    ``(aa) the relationship between 
                                victims and perpetrators;
                                    ``(bb) demographic characteristics 
                                of victims and perpetrators; and
                                    ``(cc) the type of weapons used in 
                                incidents, as classified in the Uniform 
                                Crime Reports of the Federal Bureau of 
                                Investigation; and
                    ``(xi) other purposes consistent with the purposes 
                of this title and title I.
    ``(2) The Administrator shall ensure that an equitable amount of 
funds available to carry out paragraph (1)(B) is used for research and 
evaluation relating to the prevention of juvenile delinquency.
    ``(3) Nothing in this subsection shall be construed to permit the 
development of a national database of personally identifiable 
information on individuals involved in studies, or in data-collection 
efforts, carried out under paragraph (1)(B)(x).
            ``(4) Not later than 1 year after the date of enactment of 
        this paragraph,the Administrator shall conduct a study with 
        respect to juveniles who, prior to placement in the juvenile 
        justice system, were under the care or custody of the State 
        child welfare system, and to juveniles who are unable to return 
        to their family after completing their disposition in the 
        juvenile justice system and who remain wards of the State. Such 
        study shall include--
                    ``(A) the number of juveniles in each category;
                    ``(B) the extent to which State juvenile justice 
                systems and child welfare systems are coordinating 
                services and treatment for such juveniles;
                    ``(C) the Federal and local sources of funds used 
                for placements and post-placement services;
                    ``(D) barriers faced by State in providing services 
                to these juveniles;
                    ``(E) the types of post-placement services used;
                    ``(F) the frequency of case plans and case plan 
                reviews; and
                    ``(G) the extent to which case plans identify and 
                address permanency and placement barriers and treatment 
                plans.
    ``(b) Statistical Analyses.--The Administrator may--
            ``(1) plan and identify the purposes and goals of all 
        agreements carried out with funds provided under this 
        subsection; and
            ``(2) undertake statistical work in juvenile justice 
        matters, for the purpose of providing for the collection, 
        analysis, and dissemination of statistical data and information 
        relating to juvenile delinquency and serious crimes committed 
        by juveniles, to the juvenile justice system, to juvenile 
        violence, and to other purposes consistent with the purposes of 
        this title and title I.
    ``(c) Competitive Selection Process.--The Administrator shall use a 
competitive process, established by rule by the Administrator, to carry 
out subsections (a) and (b).
    ``(d) Implementation of Agreements.--A Federal agency that makes an 
agreement under subsections (a)(1)(B) and (b)(2) with the Administrator 
may carry out such agreement directly or by making grants to or 
contracts with public and private agencies, institutions, and 
organizations.
    ``(e) Information Dissemination.--The Administrator may--
            ``(1) review reports and data relating to the juvenile 
        justice system in the United States and in foreign nations (as 
        appropriate), collect data and information from studies and 
        research into all aspects of juvenile delinquency (including 
        the causes, prevention, and treatment of juvenile delinquency) 
        and serious crimes committed by juveniles;
            ``(2) establish and operate, directly or by contract, a 
        clearinghouse and information center for the preparation, 
        publication, and dissemination of information relating to 
        juvenile delinquency, including State and local prevention and 
        treatment programs, plans, resources, and training and 
        technical assistance programs; and
            ``(3) make grants and contracts with public and private 
        agencies, institutions, and organizations, for the purpose of 
        disseminating information to representatives and personnel of 
        public and private agencies, including practitioners in 
        juvenile justice, law enforcement, the courts, corrections, 
        schools, and related services, in the establishment, 
        implementation, and operation of projects and activities for 
        which financial assistance is provided under this title.

``SEC. 252. TRAINING AND TECHNICAL ASSISTANCE.

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

SEC. 12. DEMONSTRATION PROJECTS.

    Title II of the Juvenile Justice and Delinquency Prevention Act of 
1974 (42 U.S.C. 5611 et seq.) is amended by inserting after part D, as 
added by section 11, the following:

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

``SEC. 261. GRANTS AND PROJECTS.

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

``SEC. 262. GRANTS FOR TECHNICAL ASSISTANCE.

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

``SEC. 263. ELIGIBILITY.

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

``SEC. 264. REPORTS.

    ``Recipients of grants made under this part shall submit to the 
Administrator such reports as may be reasonably requested by the 
Administrator to describe progress achieved in carrying out the 
projects for which such grants are made.''.

SEC. 13. AUTHORIZATION OF APPROPRIATIONS.

    Section 299 of the Juvenile Justice and Delinquency Prevention Act 
of 1974 (42 U.S.C. 5671) is amended--
            (1) by striking subsection (e), and
            (2) by striking subsections (a), (b), and (c), and 
        inserting the following:
    ``(a) Authorization of Appropriations for Title II (Excluding Parts 
C and E).--(1) There are authorized to be appropriated to carry out 
this title such sums as may be appropriate for fiscal years 2002, 2003, 
2004, 2005, and 2006.
    ``(2) Of such sums as are appropriated for a fiscal year to carry 
out this title (other than parts C and E)--
            ``(A) not more than 5 percent shall be available to carry 
        out part A;
            ``(B) not less than 80 percent shall be available to carry 
        out part B; and
            ``(C) not more than 15 percent shall be available to carry 
        out part D.
    ``(b) Authorization of Appropriations for Part C.--There are 
authorized to be appropriated to carry out part C such sums as may be 
necessary for fiscal years 2002, 2003, 2004, 2005, and 2006.
    ``(c) Authorization of Appropriations for Part E.--There are 
authorized to be appropriated to carry out part E, and authorized to 
remain available until expended, such sums as may be necessary for 
fiscal years 2002, 2003, 2004, 2005, and 2006.''.

SEC. 14. ADMINISTRATIVE AUTHORITY.

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

SEC. 15. USE OF FUNDS.

    Section 299C(c) of the Juvenile Justice and Delinquency Prevention 
Act of 1974 (42 U.S.C. 5674(c)) is amended to read as follows:
    ``(c) No funds may be paid under this title to a residential 
program (excluding a program in a private residence) unless--
            ``(1) there is in effect in the State in which such 
        placement or care is provided, a requirement that the provider 
        of such placement or such care may be licensed only after 
        satisfying, at a minimum, explicit standards of discipline that 
        prohibit neglect, physical and mental abuse, as defined by 
        State law;
            ``(2) such provider is licensed as described in paragraph 
        (1) by the State in which such placement or care is provided; 
        and
            ``(3) such provider satisfies the licensing standards of 
        each other State from which such provider receives a juvenile 
        for such placement or such care, in accordance with the 
        Interstate Compact on Child Placement as entered into by such 
        other State.''.

SEC. 16. LIMITATIONS ON USE OF FUNDS.

    Part F of title II of the Juvenile Justice and Delinquency 
Prevention Act of 1974 (42 U.S.C. 5671 et seq.), as so redesignated by 
section 10, is amended adding at the end the following:

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

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

SEC. 17. RULES OF CONSTRUCTION.

    Part F of title II of the Juvenile Justice and Delinquency 
Prevention Act of 1974 (42 U.S.C. 5671 et seq.), as so redesignated by 
section 10 and amended by section 16, is amended adding at the end the 
following:

``SEC. 299G. RULES OF CONSTRUCTION.

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

SEC. 18. LEASING SURPLUS FEDERAL PROPERTY.

    Part F of title II of the Juvenile Justice and Delinquency 
Prevention Act of 1974 (42 U.S.C. 5671 et seq.), as so redesignated by 
section 10 and amended by sections 16 and 17, is amended adding at the 
end the following:

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

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

SEC. 19. ISSUANCE OF RULES.

    Part F of title II or the Juvenile Justice and Delinquency 
Prevention Act of 1974 (42 U.S.C. 5671 et seq.), as so redesignated by 
section 10 and amended by sections 16, 17, and 18, is amended adding at 
the end the following:

``SEC. 299I. ISSUANCE OF RULES.

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

SEC. 20. CONTENT OF MATERIALS.

    Part F of title II of the Juvenile Justice and Delinquency 
Prevention Act of 1974 (42 U.S.C. 5671 et seq.), as so redesignated by 
section 10 and amended by sections 16, 17, 18, and 19, is amended by 
adding at the end the following:

``SEC. 299J. CONTENT OF MATERIALS.

    ``Materials produced, procured, or distributed both using funds 
appropriated to carry out this Act and for the purpose of preventing 
hate crimes that result in acts of physical violence, shall not 
recommend or require any action that abridges or infringes upon the 
constitutionally protected rights of free speech, religion, or equal 
protection of juveniles or of their parents or legal guardians.''.

SEC. 21. TECHNICAL AND CONFORMING AMENDMENTS.

    (a) Technical Amendments.--The Juvenile Justice and Delinquency 
Prevention Act of 1974 (42 U.S.C. 5601 et seq.) is amended--
            (1) in section 202(b) by striking ``prescribed for GS-18 of 
        the General Schedule by section 5332'' and inserting ``payable 
        under section 5376'',
            (2) in section 221(b)(2) by striking the last sentence,
            (3) in section 299D by striking subsection (d), and
            (4) by striking titles IV and V, as originally enacted by 
        Public Law 93-415 (88 Stat. 1132-1143).
    (b) Conforming Amendments.--(1) 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 section 217(c)(1) by striking ``sections 262, 293, 
        and 296 of subpart II of title II'' and inserting ``sections 
        299B and 299E'', and
            (D) in section 223(c) by striking ``section 262, 293, and 
        296'' and inserting ``sections 262, 299B, and 299E''.
    (2) Section 404(a)(5)(E) of the Missing Children's Assistance Act 
(42 U.S.C. 5773) is amended by striking ``section 313'' and inserting 
``section 331''.

SEC. 22. EFFECTIVE DATE; APPLICATION OF AMENDMENTS.

    (a) Effective Date.--Except as provided in subsection (b), this Act 
and the amendments made by this Act shall take effect on the date of 
the enactment of this Act.
    (b) Application of Amendments.--The amendments made by this Act 
shall apply only with respect to fiscal years beginning after September 
30, 2001.

            Passed the House of Representatives September 20, 2001.

            Attest:

                                                                 Clerk.
107th CONGRESS

  1st Session

                               H. R. 1900

_______________________________________________________________________

                                 AN ACT

To amend the Juvenile Justice and Delinquency Prevention Act of 1974 to 
    provide quality prevention programs and accountability programs 
       relating to juvenile delinquency, and for other purposes.