[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1165 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                S. 1165

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 11, 2001

    Mr. Biden (for himself, Mr. Kohl, and Mr. Reed) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


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

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

Sec. 1. Short title; table of contents.
             TITLE I--JUVENILE CRIME PREVENTION AND CONTROL

Sec. 101. Findings; declaration of purpose; definitions.
Sec. 102. Juvenile crime control and prevention.
Sec. 103. Juvenile offender accountability.
Sec. 104. Extension of violent crime reduction trust fund.
              TITLE II--PROTECTING CHILDREN FROM VIOLENCE

                 Subtitle A--Gun Show Background Checks

Sec. 201. Short title.
Sec. 202. Findings.
Sec. 203. Extension of brady background checks to gun shows.
          Subtitle B--Gun Ban for Dangerous Juvenile Offenders

Sec. 211. Permanent prohibition on firearms transfers to or possession 
                            by dangerous juvenile offenders.
                     Subtitle C--Child Safety Locks

Sec. 221. Short title.
Sec. 222. Requirement of child handgun safety locks.
Sec. 223. Amendment of consumer product safety act.

             TITLE I--JUVENILE CRIME PREVENTION AND CONTROL

SEC. 101. FINDINGS; DECLARATION OF PURPOSE; DEFINITIONS.

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

             ``TITLE I--FINDINGS AND DECLARATION OF PURPOSE

``SEC. 101. FINDINGS.

    ``Congress finds that--
            ``(1) the juvenile crime problem should be addressed 
        through a 2-track common sense approach that addresses the 
        needs of individual juveniles and society at large by 
        promoting--
                    ``(A) quality prevention programs that--
                            ``(i) work with juveniles, their families, 
                        local public agencies, and community-based 
                        organizations, and take into consideration such 
                        factors as whether juveniles have ever been the 
                        victims of family violence (including child 
                        abuse and neglect); and
                            ``(ii) are designed to reduce risks and 
                        develop competencies in at-risk juveniles that 
                        will prevent, and reduce the rate of, violent 
                        delinquent behavior; and
                    ``(B) programs that assist in holding juveniles 
                accountable for their actions, including a system of 
                graduated sanctions to respond to each delinquent act, 
                requiring juveniles to make restitution, or perform 
                community service, for the damage caused by their 
                delinquent acts, and methods for increasing victim 
                satisfaction with respect to the penalties imposed on 
                juveniles for their acts; and
            ``(2) action is required now to reform the Federal juvenile 
        justice program by focusing on juvenile delinquency prevention 
        programs, as well as programs that hold juveniles accountable 
        for their acts.

``SEC. 102. PURPOSES.

    ``The purposes of this Act 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. 103. DEFINITIONS.

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

SEC. 102. JUVENILE CRIME CONTROL AND PREVENTION.

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

           ``TITLE II--JUVENILE CRIME PREVENTION AND CONTROL

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

``SEC. 201. ESTABLISHMENT OF OFFICE.

    ``(a) In General.--There is established in the Department of 
Justice, under the general authority of the Attorney General, an Office 
of Juvenile Crime Control and Prevention.
    ``(b) Administrator.--
            ``(1) In general.--The Office shall be headed by an 
        Administrator, who shall be appointed by the President, by and 
        with the advice and consent of the Senate, from among 
        individuals who have had experience in juvenile delinquency 
        prevention and crime control programs.
            ``(2) Regulations.--The Administrator may prescribe 
        regulations consistent with this Act to award, administer, 
        modify, extend, terminate, monitor, evaluate, reject, or deny 
        all grants and contracts from, and applications for, amounts 
        made available under this title.
            ``(3) Relationship to attorney general.--The Administrator 
        shall have the same reporting relationship with the Attorney 
        General as the directors of other offices and bureaus within 
        the Office of Justice Programs have with the Attorney General.
    ``(c) Deputy Administrator.--There shall be in the Office a Deputy 
Administrator, who shall--
            ``(1) be appointed by the Attorney General; and
            ``(2) perform such functions as the Administrator may 
        assign or delegate and shall act as the Administrator during 
        the absence or disability of the Administrator.
    ``(d) Associate Administrator.--
            ``(1) In general.--There shall be in the Office an 
        Associate Administrator, who shall be appointed by the 
        Administrator, and whose position shall be treated as a career 
        reserved position within the meaning of section 3132 of title 
        5, United States Code.
            ``(2) Duties.--The duties of the Associate Administrator 
        shall include informing Congress, other Federal agencies, 
        outside organizations, and State and local government officials 
        about activities carried out by the Office.
    ``(e) Delegation and Assignment.--
            ``(1) In general.--Except as otherwise expressly prohibited 
        by law or otherwise provided by this title, the Administrator 
        may--
                    ``(A) delegate any of the functions of the 
                Administrator, and any function transferred or granted 
                to the Administrator after the date of enactment of the 
                Juvenile Crime Prevention and Control Act of 2001, to 
                such officers and employees of the Office as the 
                Administrator may designate; and
                    ``(B) authorize successive redelegations of such 
                functions as may be necessary or appropriate.
            ``(2) Responsibility.--No delegation of functions by the 
        Administrator under this subsection or under any other 
        provision of this title shall relieve the Administrator of 
        responsibility for the administration of such functions.
    ``(f) Reorganization.--The Administrator may allocate or reallocate 
any function transferred among the officers of the Office, and 
establish, consolidate, alter, or discontinue such organizational 
entities in that Office as may be necessary or appropriate.

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

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

``SEC. 203. NATIONAL PROGRAM.

    ``(a) National Juvenile Crime Control, Prevention, and Juvenile 
Offender Accountability Plan.--
            ``(1) In general.--Subject to the general authority of the 
        Attorney General, the Administrator shall develop objectives, 
        priorities, and short- and long-term plans, and shall implement 
        overall policy and a strategy to carry out those plans, for all 
        Federal juvenile crime control, prevention, and juvenile 
        offender accountability programs and activities relating to 
        improving juvenile crime control, the rehabilitation of 
        juvenile offenders, the prevention of juvenile crime, and the 
        enhancement of accountability by offenders within the juvenile 
        justice system in the United States.
            ``(2) Contents of plans.--
                    ``(A) In general.--Each plan described in paragraph 
                (1) shall--
                            ``(i) contain specific, measurable goals 
                        and criteria for reducing the incidence of 
                        crime and delinquency among juveniles, 
                        improving juvenile crime control, and ensuring 
                        accountability by offenders within the juvenile 
                        justice system in the United States, and shall 
                        include criteria for any discretionary grants 
                        and contracts, for conducting research, and for 
                        carrying out other activities under this title;
                            ``(ii) provide for coordinating the 
                        administration of programs and activities under 
                        this title with the administration of all other 
                        Federal juvenile crime control, prevention, and 
                        juvenile offender accountability programs and 
                        activities, including proposals for joint 
                        funding to be coordinated by the Administrator;
                            ``(iii) provide a detailed summary and 
                        analysis of the most recent data available 
                        regarding the number of juveniles taken into 
                        custody, the rate at which juveniles are taken 
                        into custody, the time served by juveniles in 
                        custody, and the trends demonstrated by such 
                        data;
                            ``(iv) provide a description of the 
                        activities for which amounts are expended under 
                        this title;
                            ``(v) provide specific information relating 
                        to the attainment of goals set forth in the 
                        plan, including specific, measurable standards 
                        for assessing progress toward national juvenile 
                        crime reduction and juvenile offender 
                        accountability goals; and
                            ``(vi) provide for the coordination of 
                        Federal, State, and local initiatives for the 
                        reduction of youth crime, preventing 
                        delinquency, and ensuring accountability for 
                        juvenile offenders.
                    ``(B) Summary and analysis.--Each summary and 
                analysis under subparagraph (A)(iii) shall set out the 
                information required by clauses (i), (ii), and (iii) of 
                this subparagraph separately for juvenile nonoffenders, 
                juvenile status offenders, and other juvenile 
                offenders, and shall separately address with respect to 
                each category of juveniles specified--
                            ``(i) the types of offenses with which the 
                        juveniles are charged;
                            ``(ii) the ages of the juveniles;
                            ``(iii) the types of facilities used to 
                        hold the juveniles (including juveniles treated 
                        as adults for purposes of prosecution) in 
                        custody, including secure detention facilities, 
                        secure correctional facilities, jails, and 
                        lockups;
                            ``(iv) the length of time served by 
                        juveniles in custody; and
                            ``(v) the number of juveniles who died or 
                        who suffered serious bodily injury while in 
                        custody and the circumstances under which each 
                        juvenile died or suffered that injury.
                    ``(C) Definition of serious bodily injury.--In this 
                paragraph, the term `serious bodily injury' means 
                bodily injury involving extreme physical pain or the 
                impairment of a function of a bodily member, organ, or 
                mental faculty that requires medical intervention such 
                as surgery, hospitalization, or physical 
                rehabilitation.
            ``(3) Annual review.--The Administrator shall annually--
                    ``(A) review each plan submitted under this 
                subsection;
                    ``(B) revise the plans, as the Administrator 
                considers appropriate; and
                    ``(C) not later than March 1 of each year, present 
                the plans to the Committee on the Judiciary of the 
                Senate and the Committee on Education and the Workforce 
                of the House of Representatives.
    ``(b) Duties of Administrator.--In carrying out this title, the 
Administrator shall--
            ``(1) advise the President through the Attorney General as 
        to all matters relating to federally assisted juvenile crime 
        control, prevention, and juvenile offender accountability 
        programs, and Federal policies regarding juvenile crime and 
        justice, including policies relating to juveniles prosecuted or 
        adjudicated in the Federal courts;
            ``(2) implement and coordinate Federal juvenile crime 
        control, prevention, and juvenile offender accountability 
        programs and activities among Federal departments and agencies 
        and between such programs and activities and other Federal 
        programs and activities that the Administrator determines may 
        have an important bearing on the success of the entire national 
        juvenile crime control, prevention, and juvenile offender 
        accountability effort including, in consultation with the 
Director of the Office of Management and Budget listing annually those 
programs to be considered Federal juvenile crime control, prevention, 
and juvenile accountability programs for the following fiscal year;
            ``(3) serve as a single point of contact for States, units 
        of local government, and private entities for purposes of 
        providing information relating to Federal juvenile delinquency 
        programs or for referral to other agencies or departments that 
        operate such programs;
            ``(4) provide for the auditing of grants provided pursuant 
        to this title;
            ``(5) collect, prepare, and disseminate useful data 
        regarding the prevention, correction, and control of juvenile 
        crime and delinquency, and issue, not less than once each 
        calendar year, a report on successful programs and juvenile 
        crime reduction methods utilized by States, localities, and 
        private entities;
            ``(6) ensure the performance of comprehensive rigorous 
        independent scientific evaluations, each of which shall--
                    ``(A) be independent in nature, and shall employ 
                rigorous and scientifically valid standards and 
                methodologies; and
                    ``(B) include measures of outcome and process 
                objectives, such as reductions in juvenile crime, youth 
                gang activity, youth substance abuse, and other high 
                risk factors, as well as increases in protective 
                factors that reduce the likelihood of delinquency and 
                criminal behavior;
            ``(7) consult with appropriate authorities in the States 
        and with appropriate private entities regarding the 
        development, review, and revision of the plans required by 
        subsection (a) and the development of policies relating to 
        juveniles prosecuted or adjudicated in the Federal courts;
            ``(8) provide technical assistance to the States, units of 
        local government, and private entities in implementing programs 
        funded by grants under this title;
            ``(9) provide technical and financial assistance to an 
        organization composed of member representatives of the State 
        advisory groups appointed under section 222(b)(2) to carry out 
        activities under this paragraph, if that organization agrees to 
        carry out activities that include--
                    ``(A) conducting an annual conference of the member 
                representatives for purposes relating to the activities 
                of the State advisory groups;
                    ``(B) disseminating information, data, standards, 
                advanced techniques, and programs models developed 
                through the Institute and through programs funded under 
                section 241; and
                    ``(C) advising the Administrator with respect to 
                particular functions or aspects of the work of the 
                Office; and
            ``(10) provide technical and financial assistance to an 
        eligible organization composed of member representatives of the 
        State advisory groups appointed under section 222(b)(2) to 
        assist that eligible organization in--
                    ``(A) conducting an annual conference of member 
                representatives of the State advisory groups for 
                purposes relating to the activities of those groups; 
                and
                    ``(B) disseminating information, data, standards, 
                advanced techniques, and program models developed 
                through the Institute and through programs funded under 
                section 241.
    ``(c) Utilization of Services and Facilities of Other Agencies; 
Reimbursement.--The Administrator, through the general authority of the 
Attorney General, may utilize the services and facilities of any agency 
of the Federal Government and of any other public agency or institution 
in accordance with appropriate agreements, and to pay for such services 
either in advance or by way of reimbursement as may be agreed upon.
    ``(d) Coordination of Functions of Administrator and Secretary of 
Health and Human Services.--All functions of the Administrator shall be 
coordinated as appropriate with the functions of the Secretary of 
Health and Human Services under title III.
    ``(e) Annual Juvenile Delinquency Development Statements.--
            ``(1) In general.--Each Federal agency that administers a 
        Federal juvenile crime control, prevention, and juvenile 
        offender accountability program shall annually submit to the 
        Administrator a juvenile crime control, prevention, and 
        juvenile offender accountability development statement.
            ``(2) Contents.--Each development statement submitted under 
        paragraph (1) shall contain such information, data, and 
        analyses as the Administrator may require and shall include an 
        analysis of the extent to which the program of the Federal 
        agency submitting such development statement conforms with and 
        furthers Federal juvenile crime control, prevention, and 
        juvenile offender accountability, prevention, and treatment 
        goals and policies.
            ``(3) Review and comment.--
                    ``(A) In general.--The Administrator shall review 
                and comment upon each juvenile crime control, 
                prevention, and juvenile offender accountability 
                development statement transmitted to the Administrator 
                under paragraph (1).
                    ``(B) Inclusion in other documentation.--The 
                development statement transmitted under paragraph (1), 
                together with the comments of the Administrator under 
                subparagraph (A), shall be--
                            ``(i) included by the Federal agency 
                        involved in every recommendation or request 
                        made by such agency for Federal legislation 
                        that significantly affects juvenile crime 
                        control, prevention, and juvenile offender 
                        accountability; and
                            ``(ii) made available for promulgation to 
                        and use by State and local government 
                        officials, and by nonprofit organizations 
                        involved in delinquency prevention programs.
    ``(f) Joint Funding.--Notwithstanding any other provision of law, 
if funds are made available by more than 1 Federal agency to be used by 
any agency, organization, institution, or individual to carry out a 
Federal juvenile crime control, prevention, or juvenile offender 
accountability program or activity--
            ``(1) any 1 of the Federal agencies providing funds may be 
        requested by the Administrator to act for all in administering 
        the funds advanced; and
            ``(2) a single non-Federal share requirement may be 
        established according to the proportion of funds advanced by 
        each Federal agency, and the Administrator may order any such 
        Federal agency to waive any technical grant or contract 
        requirement (as defined in those regulations) that is 
        inconsistent with the similar requirement of the administering 
        agency or that the administering agency does not impose.

``SEC. 204. COMMUNITY PREVENTION GRANT PROGRAM.

    ``(a) Purposes.--The Administrator may make grants to a State, to 
be transmitted through the State advisory group to units of local 
government that meet the requirements of subsection (b), for 
delinquency prevention programs and activities for youth who have had 
contact with the juvenile justice system or who are likely to have 
contact with the juvenile justice system, including the provision to 
children, youth, and families of--
            ``(1) recreation services;
            ``(2) tutoring and remedial education;
            ``(3) assistance in the development of work awareness 
        skills;
            ``(4) child and adolescent health and mental health 
        services;
            ``(5) alcohol and substance abuse prevention services;
            ``(6) leadership development activities; and
            ``(7) the teaching that people are and should be held 
        accountable for their actions.
    ``(b) Eligibility.--The requirements of this subsection are met 
with respect to a unit of general local government if--
            ``(1) the unit is in compliance with the requirements of 
        part B of title II;
            ``(2) the unit has submitted to the State advisory group a 
        3-year plan outlining the local front end plans of the unit for 
        investment for delinquency prevention and early intervention 
        activities;
            ``(3) the unit has included in its application to the 
        Administrator for formula grant funds a summary of the 3-year 
        plan described in paragraph (2);
            ``(4) pursuant to its 3-year plan, the unit has appointed a 
        local policy board of no fewer than 15 and no more than 21 
        members with balanced representation of public agencies and 
        private, nonprofit organizations serving children, youth, and 
        families and business and industry;
            ``(5) the unit has, in order to aid in the prevention of 
        delinquency, included in its application a plan for the 
        coordination of services to at-risk youth and their families, 
        including such programs as nutrition, energy assistance, and 
        housing;
            ``(6) the local policy board is empowered to make all 
        recommendations for distribution of funds and evaluation of 
        activities funded under this title; and
            ``(7) the unit or State has agreed to provide a 50 percent 
        match of the amount of the grant, including the value of in-
        kind contributions, to fund the activity.
    ``(c) Priority.--In considering grant application under this 
section, the Administrator shall give priority to applicants that 
demonstrate ability in--
            ``(1) plans for service and agency coordination and 
        collaboration including the collocation of services;
            ``(2) innovative ways to involve the private nonprofit and 
        business sector in delinquency prevention activities; and
            ``(3) developing or enhancing a statewide subsidy program 
        to local governments that is dedicated to early intervention 
        and delinquency prevention.

``SEC. 205. GRANTS TO INDIAN TRIBES.

    ``(a) In General.--From the amount reserved under section 206(b) in 
each fiscal year, the Administrator shall make grants to Indian tribes 
for programs pursuant to the permissible purposes under section 204 and 
part B of this title.
    ``(b) Applications.--
            ``(1) In general.--To be eligible to receive a grant under 
        this section, an Indian tribe shall submit to the Administrator 
        an application in such form and containing such information as 
        the Administrator may by regulation require.
            ``(2) Plans.--Each application submitted under paragraph 
        (1) shall include a plan for conducting projects described in 
        section 204(a), which plan shall--
                    ``(A) provide evidence that the Indian tribe 
                performs law enforcement functions (as determined by 
                the Secretary of the Interior);
                    ``(B) identify the juvenile justice and delinquency 
                problems and juvenile delinquency prevention needs to 
                be addressed by activities conducted by the Indian 
                tribe in the area under the jurisdiction of the Indian 
                tribe with assistance provided by the grant;
                    ``(C) provide for fiscal control and accounting 
                procedures that--
                            ``(i) are necessary to ensure the prudent 
                        use, proper disbursement, and accounting of 
                        funds received under this section; and
                            ``(ii) are consistent with the requirements 
                        of subparagraph (B);
                    ``(D) comply with the requirements of section 
                222(a) (except that such subsection relates to 
                consultation with a State advisory group) and with the 
                requirements of section 222(c); and
                    ``(E) contain such other information, and be 
                subject to such additional requirements, as the 
                Administrator may reasonably prescribe to ensure the 
                effectiveness of the grant program under this section.
    ``(c) Factors for Consideration.--In awarding grants under this 
section, the Administrator shall consider--
            ``(1) the resources that are available to each applicant 
        that will assist, and be coordinated with, the overall juvenile 
        justice system of the Indian tribe; and
            ``(2) for each Indian tribe that receives assistance under 
        such a grant--
                    ``(A) the relative juvenile population; and
                    ``(B) who will be served by the assistance provided 
                by the grant.
    ``(d) Grant Awards.--
            ``(1) In general.--
                    ``(A) Competitive awards.--Except as provided in 
                paragraph (2), the Administrator shall--
                            ``(i) annually award grants under this 
                        section on a competitive basis; and
                            ``(ii) enter into a grant agreement with 
                        each grant recipient under this section that 
                        specifies the terms and conditions of the 
                        grant.
                    ``(B) Period of grant.--The period of each grant 
                awarded under this section shall be 2 years.
            ``(2) Exception.--In any case in which the Administrator 
        determines that a grant recipient under this section has 
        performed satisfactorily during the preceding year in 
        accordance with an applicable grant agreement, the 
        Administrator may--
                    ``(A) waive the requirement that the recipient be 
                subject to the competitive award process described in 
                paragraph (1)(A); and
                    ``(B) renew the grant for an additional grant 
                period (as specified in paragraph (1)(B)).
            ``(3) Modifications of processes.--The Administrator may 
        prescribe requirements to provide for appropriate modifications 
        to the plan preparation and application process specified in 
        subsection (b) for an application for a renewal grant under 
        paragraph (2)(B).
    ``(e) Reporting Requirement.--Each Indian tribe that receives a 
grant under this section shall be subject to the fiscal accountability 
provisions of section 5(f)(1) of the Indian Self-Determination and 
Education Assistance Act (25 U.S.C. 450c(f)(1)), relating to the 
submission of a single-agency audit report required by chapter 75 of 
title 31, United States Code.
    ``(f) Matching Requirement.--Funds appropriated by Congress for the 
activities of any agency of an Indian tribal government or the Bureau 
of Indian Affairs performing law enforcement functions on any Indian 
lands may be used to provide the non-Federal share of any program or 
project with a matching requirement funded under this section.
    ``(g) Technical Assistance.--From the amount reserved under section 
206(b) in each fiscal year, the Administrator may reserve 1 percent for 
the purpose of providing technical assistance to recipients of grants 
under this section.

``SEC. 206. ALLOCATION OF GRANTS.

    ``(a) In General.--Subject to subsections (b), (c), and (d), the 
amount allocated under section 261 to carry out section 204 in each 
fiscal year shall be allocated to the States as follows:
            ``(1) The amount allocated to any State shall not be less 
        than $200,000.
            ``(2) Not less than 75 percent of the funds made available 
        under Part A of this title shall be used to carry out section 
        205.
    ``(b) Reservation of Funds.--Notwithstanding any other provision of 
law, from the amounts allocated under section 261 to carry out section 
204 and part B in each fiscal year the Administrator shall reserve an 
amount equal to the amount which all Indian tribes that qualify for a 
grant under section 205 would collectively be entitled, if such tribes 
were collectively treated as a State for purposes of subsection (a).
    ``(c) Exception.--The amount allocated to the Virgin Islands of the 
United States, Guam, American Samoa, the Trust Territory of the Pacific 
Islands, and the Commonwealth of the Northern Mariana Islands shall be 
not less than $75,000 and not more than $100,000.
    ``(d) Administrative Costs.--A State, unit of local government, or 
eligible unit that receives funds under this part may not use more than 
5 percent of those funds to pay for administrative costs.

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

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

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

``SEC. 222. STATE PLANS.

    ``(a) In General.--In order to receive formula grants under this 
part, a State shall submit a plan, developed in consultation with the 
State Advisory Group established by the State under subsection 
(e)(2)(A), for carrying out its purposes applicable to a 3-year period.
    ``(b) Allocation.--A portion of any allocation of formula grants to 
a State shall be available to develop a State plan or for other 
activities associated with such State plan which are necessary for 
efficient administration, including monitoring, evaluation, and one 
full-time staff position.
    ``(c) Annual Reports.--The State shall submit annual performance 
reports to the Administrator, each of which shall describe progress in 
implementing programs contained in the original State plan, and 
amendments necessary to update the State plan, and shall describe the 
status of compliance with State plan requirements.
    ``(d) Contents of Plan.--In accordance with regulations that the 
Administrator shall prescribe, a State plan shall--
            ``(1) designate a State agency as the sole agency for 
        supervising the preparation and administration of the State 
        plan;
            ``(2) contain satisfactory evidence that the State agency 
        designated in accordance with paragraph (1) has or will have 
        authority, by legislation if necessary, to implement the State 
        plan in conformity with this part;
            ``(3) provide for the active consultation with and 
        participation of units of local government in the development 
        of a State plan that adequately takes into account the needs 
        and requests of units of local government, except that nothing 
        in the State plan requirements, or any regulations promulgated 
        to carry out such requirements, shall be construed to prohibit 
        or impede the State from making grants to, or entering into 
        contracts with, local private agencies, including religious 
        organizations;
            ``(4) to the extent feasible and consistent with paragraph 
        (5), provide for an equitable distribution of the assistance 
        received with the State, including rural areas;
            ``(5) require that the State or unit of local government 
        that is a recipient of amounts under this part distribute the 
        amounts intended to be used for the prevention of juvenile 
        delinquency and reduction of incarceration, to the extent 
        feasible, in proportion to the amount of juvenile crime 
        committed within those regions and communities;
            ``(6) provide assurances that youth who come into contact 
        with the juvenile justice system are treated equitably on the 
        basis of gender, race, family income, and disability;
            ``(7) provide for--
                    ``(A) an analysis of juvenile crime and delinquency 
                problems (including the joining of gangs that commit 
                crimes) and juvenile justice and delinquency prevention 
                needs (including educational needs) of the State 
                (including any geographical area in which an Indian 
                tribe performs law enforcement functions), a 
                description of the services to be provided, and a 
                description of performance goals and priorities, 
                including a specific statement of the manner in which 
                programs are expected to meet the identified juvenile 
                crime problems (including the joining of gangs that 
                commit crimes) and juvenile justice and delinquency 
                prevention needs (including educational needs) of the 
                State;
                    ``(B) an indication of the manner in which the 
                programs relate to other similar State or local 
                programs that are intended to address the same or 
                similar problems; and
                    ``(C) a strategy for the concentration of State 
                efforts, which shall coordinate all State juvenile 
                crime control, prevention, and delinquency programs 
                with respect to overall policy and development of 
                objectives and priorities for all State juvenile crime 
                control and delinquency programs and activities, 
                including a provision for regular meetings of State 
                officials with responsibility in the area of juvenile 
                justice and delinquency prevention;
                    ``(D) needed gender-specific services for the 
                prevention and treatment of juvenile delinquency;
                    ``(E) needed services for the prevention and 
                treatment of juvenile delinquency in rural areas; and
                    ``(F) needed mental health services to juveniles in 
                the juvenile justice system;
            ``(8) provide for the coordination and maximum utilization 
        of existing juvenile delinquency programs, programs operated by 
        public and private agencies and organizations, and other 
        related programs (such as education, special education, 
        recreation, health, and welfare programs) in the State;
            ``(9) provide for the development of an adequate research, 
        training, and evaluation capacity within the State;
            ``(10) provide that not less than 75 percent of the funds 
        available to the State under section 221, other than funds made 
        available to the State advisory group under this section, 
        whether expended directly by the State, by the unit of local 
        government, or by a combination thereof, or through grants and 
        contracts with public or private nonprofit agencies, shall be 
        used for--
                    ``(A) community-based alternatives (including home-
                based alternatives) to incarceration and 
                institutionalization, including--
                            ``(i) for youth who need temporary 
                        placement, the provision of crisis 
                        intervention, shelter, and after-care; and
                            ``(ii) for youth who need residential 
                        placement, the provision of a continuum of 
                        foster care or group home alternatives that 
                        provide access to a comprehensive array of 
                        services;
                    ``(B) programs that assist in holding juveniles 
                accountable for their actions, including the use of 
                graduated sanctions and of neighborhood courts or 
                panels that increase victim satisfaction and require 
                juveniles to make restitution for the damage caused by 
                their delinquent behavior;
                    ``(C) comprehensive juvenile crime control and 
                delinquency prevention programs that meet the needs of 
                youth through the collaboration of the many local 
                systems before which a youth may appear, including 
                schools, courts, law enforcement agencies, child 
                protection agencies, mental health agencies, welfare 
                services, health care agencies, public recreation 
                agencies, and private nonprofit agencies offering youth 
                services;
                    ``(D) programs that provide treatment to juvenile 
                offenders who are victims of child abuse or neglect, 
                and to the families of those juveniles, in order to 
                reduce the likelihood that those juvenile offenders 
                will commit subsequent violations of law;
                    ``(E) educational programs or supportive services 
                for delinquent or other juveniles--
                            ``(i) to encourage juveniles to remain in 
                        elementary and secondary schools or in 
                        alternative learning situations;
                            ``(ii) to provide services to assist 
                        juveniles in making the transition to the world 
                        of work and self-sufficiency; and
                            ``(iii) to enhance coordination with the 
                        local schools that juveniles would otherwise 
                        attend, to ensure that--
                                    ``(I) the instruction that 
                                juveniles receive outside school is 
                                closely aligned with the instruction 
                                provided in school; and
                                    ``(II) information regarding any 
                                learning problems identified in such 
                                alternative learning situations are 
                                communicated to the schools;
                    ``(F) expanding the use of probation officers--
                            ``(i) particularly for the purpose of 
                        permitting nonviolent juvenile offenders 
                        (including status offenders) to remain at home 
                        with their families as an alternative to 
                        incarceration or institutionalization; and
                            ``(ii) to ensure that juveniles follow the 
                        terms of their probation;
                    ``(G) one-on-one mentoring programs that are 
                designed to link at-risk juveniles and juvenile 
                offenders, particularly juveniles residing in high-
                crime areas and juveniles experiencing educational 
                failure, with responsible adults (such as law 
                enforcement officers, adults working with local 
                businesses, and adults working with community-based 
                organizations and agencies) who are properly screened 
                and trained;
                    ``(H) programs designed to develop and implement 
                projects relating to juvenile delinquency and learning 
                disabilities, including on-the-job training programs to 
                assist community services, law enforcement, and 
                juvenile justice personnel to more effectively 
                recognize and provide for learning disabled and other 
                juveniles with disabilities;
                    ``(I) projects designed to deter involvement in 
                illegal activities and promote involvement in lawful 
                activities on the part of gangs whose membership is 
                substantially composed of youth;
                    ``(J) programs and projects designed to provide for 
                the treatment of a youth who is dependent on or abuses 
                alcohol or other addictive or nonaddictive drugs;
                    ``(K) 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;
                    ``(L) activities (such as court-appointed 
                advocates) that the State determines will hold 
                juveniles accountable for their acts and decrease 
                juvenile involvement in delinquent activities;
                    ``(M) establishing policies and systems to 
                incorporate relevant child protective services records 
                into juvenile justice records for purposes of 
                establishing treatment plans for juvenile offenders;
                    ``(N) programs (including referral to literacy 
                programs and social service programs) to assist 
                families with limited English-speaking ability that 
                include delinquent juveniles to overcome language and 
                other barriers that may prevent the complete treatment 
                of the juveniles and the preservation of their 
                families;
                    ``(O) programs that utilize multidisciplinary 
                interagency case management and information sharing, 
                that enable the juvenile justice and law enforcement 
                agencies, schools, and social service agencies to make 
                more informed decisions regarding early identification, 
                control, supervision, and treatment of juveniles who 
                repeatedly commit violent or serious delinquent acts;
                    ``(P) programs designed to prevent and reduce hate 
                crimes committed by juveniles;
                    ``(Q) court supervised initiatives that address the 
                illegal possession of firearms by juveniles;
                    ``(R) programs for positive youth development that 
                provide delinquent youth and youth at-risk of 
                delinquency with--
                            ``(i) an ongoing relationship with a caring 
                        adult (such as a mentor, tutor, coach, or 
                        shelter youth worker);
                            ``(ii) safe places and structured 
                        activities during nonschool hours;
                            ``(iii) a healthy start;
                            ``(iv) a marketable skill through effective 
                        education; and
                            ``(v) an opportunity to give back through 
                        community service;
                    ``(S) programs and projects that provide 
                comprehensive post-placement services that help 
                juveniles make a successful transition back into the 
                community, including mental health services, substance 
                abuse treatment, counseling, education, and employment 
                training;
                    ``(T) programs and services designed to identify 
                and address the health and mental health needs of 
                youth; and
                    ``(U) programs that have been proven to be 
                successful in preventing delinquency, such as Multi-
                Systemic Therapy, Multi-Dimensional Treatment Foster 
                Care, Functional Family Therapy, and the Bullying 
                Prevention Program;
            ``(11) provide that--
                    ``(A) a juvenile who is charged with or who has 
                committed an offense that would not be criminal if 
                committed by an adult shall not be placed in a secure 
                detention facility or secure correctional facility 
                unless the juvenile--
                            ``(i) was charged with or committed a 
                        violation of section 922(x)(2) of title 18, 
                        United States Code, or of a similar State law;
                            ``(ii) was charged with or committed a 
                        violation of a valid court order; or
                            ``(iii) was held in accordance with the 
                        Interstate Compact on Juveniles as enacted by 
                        the State; and
                    ``(B) a juvenile shall not be placed in a secure 
                detention facility or secure correctional facility if 
                the juvenile--
                            ``(i) was not charged with any offense; and
                            ``(ii) is--
                                    ``(I) an alien; or
                                    ``(II) alleged to be dependent, 
                                neglected, or abused.
            ``(12) provide that--
                    ``(A) a juvenile who is alleged to be or found to 
                be delinquent or a juvenile who is described in 
                paragraph (11) will not be detained or confined in any 
                institution in which prohibited physical contact or 
                sustained oral and visual contact with an adult inmate 
                can occur; and
                    ``(B) there is in effect in the State a policy that 
                requires an individual who works with both juveniles 
                and adult inmates, including in collocated facilities, 
                to be trained and certified to work with juveniles;
            ``(13) provide that no juvenile will be detained or 
        confined in any jail or lockup for adults except--
                    ``(A) juveniles who are accused of nonstatus 
                offenses and who are detained in such jail or lockup 
                for a period not to exceed 6 hours--
                            ``(i) for processing or release;
                            ``(ii) while awaiting transfer to a 
                        juvenile facility; or
                            ``(iii) in which period such juveniles make 
                        a court appearance;
                    ``(B) juveniles who--
                            ``(i) are accused of nonstatus offenses;
                            ``(ii) are awaiting an initial court 
                        appearance that will occur within 48 hours 
                        after being taken into custody (excluding 
                        Saturdays, Sundays, and legal holidays); and
                            ``(iii) are detained in a jail or lockup--
                                    ``(I) in which such juveniles do 
                                not have prohibited physical contact, 
                                or sustained oral and visual contact, 
                                with adults incarcerated because such 
                                adults have been convicted of a crime 
                                or are awaiting trial on criminal 
                                charges;
                                    ``(II) where there is in effect in 
                                the State a policy that requires 
                                individuals who work with both such 
                                juveniles and such adults in collocated 
                                facilities have been trained and 
                                certified to work with juveniles; and
                                    ``(III) that is located--
                                            ``(aa) outside a 
                                        metropolitan statistical area 
                                        (as defined by the Office of 
                                        Management and Budget) and has 
                                        no existing acceptable 
                                        alternative placement 
                                        available;
                                            ``(bb) 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
                                            ``(cc) 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;
            ``(14)(A) provide assurances that consideration will be 
        given to and that assistance will be available for approaches 
        designed to strengthen the families of delinquent and other 
        youth to prevent juvenile delinquency; and
            ``(B) approaches under subparagraph (A) should include the 
        involvement of grandparents or other extended family members, 
        when possible, and appropriate and the provision of family 
        counseling during the incarceration of juvenile family members 
        and coordination of family services when appropriate and 
        feasible;
            ``(15) provide for procedures to be established for 
        protecting the rights of recipients of services and for 
        assuring appropriate privacy with regard to records relating to 
        the services provided to any individual under the State plan;
            ``(16) provide for such fiscal control and fund accounting 
        procedures necessary to assure prudent use, proper 
        disbursement, and accurate accounting of funds received under 
        this title;
            ``(17) provide reasonable assurances that Federal funds 
        made available under this part for any period shall be used to 
        supplement and increase (but not supplant) the level of the 
        State, local, and other non-Federal funds that would, in the 
        absence of the Federal funds, be made available for the 
        programs described in this part, and shall in no event replace 
        such State, local, and other non-Federal funds;
            ``(18) provide that the State agency designated under 
        paragraph (1) shall, not less often than annually, review its 
        plan and submit to the Administrator an analysis and evaluation 
        of the effectiveness of the programs and activities carried out 
        under the plan, and any modifications in the plan, including 
        the survey of the State and local needs, that the agency 
        considers necessary;
            ``(19) provide assurances that the State or unit of local 
        government that is a recipient of amounts under this part 
        require that any person convicted of a sexual act or sexual 
        contact involving any other person who has not attained the age 
        of 18 years, and who is not less than 4 years younger than that 
        convicted person, be tested for the presence of a sexually 
        transmitted disease and that the results of that test be 
        provided to the victim or to the family of the victim as well 
        as to any court or other government agency with primary 
        authority for sentencing the person convicted for the 
        commission of the sexual act or sexual contact (as those terms 
        are defined in paragraphs (2) and (3), respectively, of section 
        2246 of title 18, United States Code);
            ``(20) provide that if a juvenile is taken into custody for 
        violating a valid court order issued for committing a status 
        offense--
                    ``(A) an appropriate public agency shall be 
                promptly notified that the juvenile is being taken into 
                custody for violating the court order;
                    ``(B) that within 24 hours of the juvenile being 
                taken into custody, an authorized representative of the 
                public agency shall interview the juvenile in person; 
                and
                    ``(C) that within 48 hours of the juvenile being 
                taken into custody--
                            ``(i) the authorized representative shall 
                        submit an assessment regarding the immediate 
                        needs of the juvenile to the court that issued 
                        the order; and
                            ``(ii) the court shall conduct a hearing to 
                        determine--
                                    ``(I) whether there is reasonable 
                                cause to believe that the juvenile 
                                violated the order; and
                                    ``(II) the appropriate placement of 
                                the juvenile pending disposition of the 
                                alleged violation;
            ``(21) specify a percentage, if any, of funds received by 
        the State under section 221 that the State shall reserve for 
        expenditure by the State to provide incentive grants to units 
        of local government that reduce the case load of probation 
        officers within those units;
            ``(22) provide that the State, to the maximum extent 
        practicable, will implement a system to ensure that if a 
        juvenile is before a court in the juvenile justice system, 
        public child welfare records (including child protective 
        services records) relating to that juvenile that are on file in 
        the geographical area under the jurisdiction of that court will 
        be made known to that court;
            ``(23) unless the provisions of this paragraph are waived 
        at the discretion of the Administrator for any State in which 
        the services for delinquent or other youth are organized 
        primarily on a statewide basis, provide that at least 50 
        percent of funds received by the State under this section, 
        other than funds made available to the State advisory group, 
        shall be expended--
                    ``(A) through programs of units of general local 
                government, to the extent that those programs are 
                consistent with the State plan; and
                    ``(B) through programs of local private agencies, 
                to the extent that those programs are consistent with 
                the State plan, except that direct funding of any local 
                private agency by a State shall be permitted only if 
                the local private agency requests direct funding after 
                the agency has applied for and been denied funding by a 
                unit of general local government;
            ``(24) provide for the establishment of youth tribunals and 
        peer `juries' in school districts in the State to promote zero 
        tolerance policies with respect to misdemeanor offenses, acts 
        of juvenile delinquency, and other antisocial behavior 
        occurring on school grounds, including truancy, vandalism, 
        underage drinking, and underage tobacco use;
            ``(25) provide for projects to coordinate the delivery of 
        adolescent mental health and substance abuse services to 
        children at risk by coordinating councils composed of public 
        and private service providers;
            ``(26) provide assurances that--
                    ``(A) any assistance provided under this title 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 title will not 
                impair an existing collective bargaining relationship, 
                contract for services, or collective bargaining 
                agreement; and
                    ``(C) an activity that would be inconsistent with 
                the terms of a collective bargaining agreement shall 
                not be undertaken without the written concurrence of 
                the labor organization involved; and
            ``(27) address efforts to reduce the proportion of 
        juveniles detained or confined in secure detention facilities, 
        secure correctional facilities, jails, and lockups who are 
        members of minority groups, if such proportion exceeds the 
        proportion such groups represent in the general population.
    ``(e) Approval by State Agency.--
            ``(1) State agency.--The State agency designated under 
        subsection (d)(1) shall approve the State plan and any 
        modification of that plan prior to submission of the plan to 
        the Administrator.
            ``(2) State advisory group.--
                    ``(A) Establishment.--
                            ``(i) In general.--The State advisory group 
                        referred to in subsection (a) shall be known as 
                        the `State Advisory Group'.
                            ``(ii) Members.--The State Advisory Group 
                        shall--
                                    ``(I) consist of representatives 
                                from both the private and public 
                                sector, each of whom shall be appointed 
                                for a term of not more than 6 years; 
                                and
                                    ``(II) include not less than 1 
                                prosecutor and not less than 1 judge 
                                from a court with a juvenile crime or 
                                delinquency docket.
                            ``(iii) Member experience.--The State shall 
                        ensure that members of the State Advisory Group 
                        shall have experience in the area of juvenile 
                        delinquency prevention, the prosecution of 
                        juvenile offenders, the treatment of juvenile 
                        delinquency, the investigation of juvenile 
                        crimes, or the administration of juvenile 
                        justice programs.
                            ``(iv) Chairperson.--The chairperson of the 
                        State Advisory Group shall not be a full-time 
                        employee of the Federal Government or the State 
                        government.
                    ``(B) Consultation.--
                            ``(i) In general.--The State Advisory Group 
                        established under subparagraph (A) shall--
                                    ``(I) participate in the 
                                development and review of a State plan 
                                under this section before the plan is 
                                submitted to the supervisory agency for 
                                final action; and
                                    ``(II) be afforded an opportunity 
                                to review and comment, not later than 
                                30 days after the submission to the 
                                State Advisory Group, on all juvenile 
                                justice and delinquency prevention 
                                grant applications submitted to the 
                                State agency designated under 
                                subsection (d)(1).
                            ``(ii) Authority.--The State Advisory Group 
                        shall report to the chief executive officer and 
                        the legislature of a State that has submitted a 
                        plan, on an annual basis regarding 
                        recommendations related to the compliance by 
                        that State with this section.
                    ``(C) Funding.--From amounts reserved for 
                administrative costs, the State may make available to 
                the State Advisory Group such sums as may be necessary 
                to assist the State Advisory Group in adequately 
                performing its duties under this paragraph.
    ``(f) Compliance With Statutory Requirements.--If a State fails to 
comply with any of the applicable requirements of paragraph (11), (12), 
(13), or (27) of subsection (d) in any fiscal year beginning after 
September 30, 2001, the amount allocated to that State for the 
subsequent fiscal year shall be reduced by not to exceed 12.5 percent 
for each such paragraph with respect to which the failure occurs, 
unless the Administrator determines that the State--
            ``(1) has achieved substantial compliance with the 
        applicable requirements with respect to which the State was not 
        in compliance; and
            ``(2) has made, through appropriate executive or 
        legislative action, an unequivocal commitment to achieving full 
        compliance with the applicable requirements within a reasonable 
        time.

``SEC. 223. ALLOCATION OF GRANTS.

    ``(a) In General.--Subject to subsections (b), (c), and (d), of the 
amount allocated under section 261 to carry out this part in each 
fiscal year that remains after reservation under section 206(b) for 
that fiscal year--
            ``(1) no State shall be allocated less than $750,000; and
            ``(2) the amount remaining after the allocation under 
        paragraph (1) shall be allocated proportionately based on the 
        juvenile population in the eligible States.
    ``(b) System Support Grants.--Of the amount allocated under section 
261 to carry out this part in each fiscal year that remains after 
reservation under section 206(b) for that fiscal year, up to 10 percent 
may be available for use by the Administrator to provide--
            ``(1) training and technical assistance consistent with the 
        purposes authorized under sections 203, 204, and 221;
            ``(2) direct grant awards and other support to develop, 
        test, and demonstrate new approaches to improving the juvenile 
        justice system and reducing, preventing, and abating delinquent 
        behavior, juvenile crime, and youth violence;
            ``(3) for research and evaluation efforts to discover and 
        test methods and practices to improve the juvenile justice 
        system and reduce, prevent, and abate delinquent behavior, 
        juvenile crime, and youth violence; and
            ``(4) information, including information on best practices, 
        consistent with purposes authorized under sections 203, 204, 
        and 221.
    ``(c) Exception.--The amount allocated to the Virgin Islands of the 
United States, Guam, American Samoa, the Trust Territory of the Pacific 
Islands, and the Commonwealth of the Northern Mariana Islands shall be 
not less than $75,000 and not more than $100,000.
    ``(d) Administrative Costs.--A State, unit of local government, or 
eligible unit that receives funds under this part may not use more than 
5 percent of those funds to pay for administrative costs.

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

``SEC. 231. DEFINITION OF JUVENILE.

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

``SEC. 232. GANG-FREE SCHOOLS AND COMMUNITIES.

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

``SEC. 233. COMMUNITY-BASED GANG INTERVENTION.

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

``SEC. 234. PRIORITY.

    ``In making grants under this part, the Administrator shall give 
priority to funding programs and activities described in subsections 
(a)(2) and (b)(1) of section 233.

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

``SEC. 241. GRANTS AND PROJECTS.

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

``SEC. 242. GRANTS FOR TRAINING AND TECHNICAL ASSISTANCE.

    ``The Administrator may make grants to, and enter into contracts 
with, public and private agencies, organizations, and individuals to 
provide training and technical assistance to States, units of local 
government, Indian tribal governments, local private entities or 
agencies, or any combination thereof, to carry out the projects for 
which grants are made under section 241.

``SEC. 243. ELIGIBILITY.

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

``SEC. 244. REPORTS.

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

                          ``PART E--MENTORING

``SEC. 251. MENTORING.

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

``SEC. 252. DEFINITIONS.

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

``SEC. 253. GRANTS.

    ``(a) Local Educational Grants.--The Administrator shall make 
grants to local education agencies and nonprofit organizations to 
establish and support programs and activities for the purpose of 
implementing mentoring programs that--
            ``(1) are designed to link at-risk children, particularly 
        children living in high crime areas and children experiencing 
        educational failure, with responsible adults such as law 
        enforcement officers, persons working with local businesses, 
        elders in Alaska Native villages, and adults working for 
        community-based organizations and agencies; and
            ``(2) are intended to--
                    ``(A) provide general guidance to at-risk youth;
                    ``(B) promote personal and social responsibility 
                among at-risk youth;
                    ``(C) increase participation by at-risk youth in, 
                and enhance the ability of at-risk youth to benefit 
                from, elementary and secondary education;
                    ``(D) discourage the use of illegal drugs, 
                violence, and dangerous weapons by at-risk youth, and 
                discourage other criminal activity;
                    ``(E) discourage involvement of at-risk youth in 
                gangs; or
                    ``(F) encourage at-risk youth to participate in 
                community service and community activities.
    ``(b) Family-to-Family Mentoring Grants.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Family-to-family mentoring program.--The term 
                `family-to-family mentoring program' means a mentoring 
                program that--
                            ``(i) utilizes a 2-tier mentoring approach 
                        that matches volunteer families with at-risk 
                        families allowing parents to work directly with 
                        parents and children to work directly with 
                        children; and
                            ``(ii) has an after-school program for 
                        volunteer and at-risk families.
                    ``(B) Positive alternatives program.--The term 
                `positive alternatives program' means a positive youth 
                development and family-to-family mentoring program that 
                emphasizes drug and gang prevention components.
                    ``(C) Qualified positive alternatives program.--The 
                term `qualified positive alternatives program' means a 
                positive alternatives program that has established a 
                family-to-family mentoring program, as of the date of 
                enactment of the Juvenile Crime Prevention and Control 
                Act of 2001.
            ``(2) Authority.--The Administrator shall make and enter 
        into contracts with a qualified positive alternatives program.

``SEC. 254. REGULATIONS AND GUIDELINES.

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

``SEC. 255. USE OF GRANTS.

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

``SEC. 256. PRIORITY.

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

``SEC. 257. APPLICATIONS.

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

``SEC. 258. GRANT CYCLES.

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

``SEC. 259. FAMILY MENTORING PROGRAM.

    ``(a) Definitions.--In this section:
            ``(1) Cooperative extension services.--The term 
        `cooperative extension services' has the meaning given that 
        term in section 1404 of the National Agricultural Research, 
        Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103).
            ``(2) Family mentoring program.--The term `family mentoring 
        program' means a mentoring program that--
                    ``(A) utilizes a 2-tier mentoring approach that 
                uses college age or young adult mentors working 
                directly with at-risk youth and uses retirement-age 
                couples working with the parents and siblings of at-
                risk youth; and
                    ``(B) has a local advisory board to provide 
                direction and advice to program administrators.
            ``(3) Qualified cooperative extension service.--The term 
        `qualified cooperative extension service' means a cooperative 
        extension service that has established a family mentoring 
        program, as of the date of enactment of the Juvenile Crime 
        Prevention and Control Act of 2001.
    ``(b) Model Program.--The Administrator, in cooperation with the 
Secretary of Agriculture, shall make a grant to a qualified cooperative 
extension service for the purpose of expanding and replicating family 
mentoring programs to reduce the incidence of juvenile crime and 
delinquency among at-risk youth.
    ``(c) Establishment of New Family Mentoring Programs.--
            ``(1) In general.--The Administrator, in cooperation with 
        the Secretary of Agriculture, may make 1 or more grants to 
        cooperative extension services for the purpose of establishing 
        family mentoring programs to reduce the incidence of juvenile 
        crime and delinquency among at-risk youth.
            ``(2) Matching requirement and source of matching funds.--
                    ``(A) In general.--The amount of a grant under this 
                subsection may not exceed 35 percent of the total costs 
                of the program funded by the grant.
                    ``(B) Source of match.--Matching funds for grants 
                under this subsection may be derived from amounts made 
                available to a State under subsections (b) and (c) of 
                section 3 of the Smith-Lever Act (7 U.S.C. 343), except 
                that the total amount derived from Federal sources may 
                not exceed 70 percent of the total cost of the program 
                funded by the grant.

                  ``PART F--ADMINISTRATIVE PROVISIONS

``SEC. 261. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) In General.--There is authorized to be appropriated to carry 
out this title, and to carry out part R of title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3796ee et seq.), 
$1,065,000,000 for each of fiscal years 2002 through 2007.
    ``(b) Allocation of Appropriations.--Of the amount made available 
under subsection (a) for each fiscal year--
            ``(1) $500,000,000 shall be for programs under sections 
        1801 and 1803 of part R of title I of the Omnibus Crime Control 
        and Safe Streets Act of 1968 (42 U.S.C. 3796ee et seq.);
            ``(2) $75,000,000 shall be for grants for juvenile criminal 
        history records upgrades pursuant to section 1802 of part R of 
        title I of the Omnibus Crime Control and Safe Streets Act of 
        1968 (42 U.S.C. 3796ee-1);
            ``(3) $250,000,000 shall be for programs under section 204 
        of part A of this title;
            ``(4) $200,000,000 shall be for programs under part B of 
        this title;
            ``(5) $20,000,000 shall be for programs under parts C and D 
        of this title; and
            ``(6) $20,000,000 shall be for programs under part E of 
        this title, of which $3,000,000 shall be for programs under 
        section 259.
    ``(c) Source of Sums.--Amounts authorized to be appropriated 
pursuant to this section may be derived from the Violent Crime 
Reduction Trust Fund.
    ``(d) Administration and Operations.--There is authorized to be 
appropriated for the administration and operation of the Office of 
Juvenile Crime Control and Prevention such sums as may be necessary for 
each of fiscal years 2002 through 2007.
    ``(e) Availability of Funds.--Amounts made available pursuant to 
this section and allocated in accordance with this title in any fiscal 
year shall remain available until expended.

``SEC. 262. ADMINISTRATIVE PROVISIONS.

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

SEC. 103. JUVENILE OFFENDER ACCOUNTABILITY.

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

             ``PART R--JUVENILE ACCOUNTABILITY BLOCK GRANTS

``SEC. 1801. PROGRAM AUTHORIZED.

    ``(a) In General.--The Attorney General is authorized to provide 
grants to States, for use by States and units of local government, and 
in certain cases directly to specially qualified units.
    ``(b) Authorized Activities.--Amounts paid to a State or a unit of 
local government under this part shall be used by the State or unit of 
local government for the purpose of strengthening the juvenile justice 
system, which includes--
            ``(1) developing, implementing, and administering graduated 
        sanctions for juvenile offenders;
            ``(2) building, expanding, renovating, or operating 
        temporary or permanent juvenile correction, detention, or 
        community corrections facilities;
            ``(3) hiring juvenile court judges, probation officers, and 
        court-appointed defenders and special advocates, and funding 
        pretrial services for juvenile offenders, to promote the 
        effective and expeditious administration of the juvenile 
        justice system;
            ``(4) hiring additional prosecutors, so that more cases 
        involving violent juvenile offenders can be prosecuted and case 
        backlogs reduced;
            ``(5) providing funding to enable prosecutors to address 
        drug, gang, and youth violence problems more effectively and 
        for technology, equipment, and training to assist prosecutors 
        in identifying and expediting the prosecution of violent 
        juvenile offenders;
            ``(6) establishing and maintaining training programs for 
        law enforcement and other court personnel with respect to 
        preventing and controlling juvenile crime;
            ``(7) establishing juvenile gun courts for the prosecution 
        and adjudication of juvenile firearms offenders;
            ``(8) establishing drug court programs for juvenile 
        offenders that provide continuing judicial supervision over 
        juvenile offenders with substance abuse problems and the 
        integrated administration of other sanctions and services for 
        such offenders;
            ``(9) establishing and maintaining a system of juvenile 
        records designed to promote public safety;
            ``(10) establishing and maintaining interagency 
        information-sharing programs that enable the juvenile and 
        criminal justice system, schools, and social services agencies 
        to make more informed decisions regarding the early 
        identification, control, supervision, and treatment of 
        juveniles who repeatedly commit serious delinquent or criminal 
        acts;
            ``(11) establishing and maintaining accountability-based 
        programs designed to reduce recidivism among juveniles who are 
        referred by law enforcement personnel or agencies;
            ``(12) establishing and maintaining programs to conduct 
        risk and need assessments of juvenile offenders that facilitate 
        the effective early intervention and the provision of 
        comprehensive services, including mental health screening and 
        treatment and substance abuse testing and treatment to such 
        offenders;
            ``(13) establishing and maintaining accountability-based 
        programs that are designed to enhance school safety;
            ``(14) establishing and maintaining restorative justice 
        programs;
            ``(15) establishing and maintaining programs to enable 
        juvenile courts and juvenile probation officers to be more 
        effective and efficient in holding juvenile offenders 
        accountable and reducing recidivism; and
            ``(16) hiring detention and corrections personnel, and 
        establishing and maintaining training programs for such 
        personnel to improve facility practices and programming.
    ``(c) Definition.--In this section the term `restorative justice 
program' means--
            ``(1) a program that emphasizes the moral accountability of 
        an offender toward the victim and the affected community; and
            ``(2) may include community reparations boards, restitution 
        (in the form of monetary payment or service to the victim or, 
        where no victim can be identified, service to the affected 
        community), and mediation between victim and offender.

``SEC. 1802. GRANT ELIGIBILITY.

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

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

    ``(a) State Allocation.--
            ``(1) In general.--In accordance with regulations 
        promulgated pursuant to this part and except as provided in 
        paragraph (3), the Attorney General shall allocate--
                    ``(A) 0.25 percent for each State; and
                    ``(B) of the total funds remaining after the 
                allocation under subparagraph (A), to each State, an 
                amount which bears the same ratio to the amount of 
                remaining funds described in this subparagraph as the 
                population of people under the age of 18 living in such 
                State for the most recent calendar year in which such 
                data is available bears to the population of people 
                under the age of 18 of all the States for such fiscal 
                year.
            ``(2) Prohibition.--No funds allocated to a State under 
        this subsection or received by a State for distribution under 
        subsection (b) may be distributed by the Attorney General or by 
        the State involved for any program other than a program 
        contained in an approved application.
    ``(b) Local Distribution.--
            ``(1) In general.--Except as provided in paragraph (2), 
        each State which receives funds under subsection (a)(1) in a 
        fiscal year shall distribute among units of local government, 
        for the purposes specified in section 1801, not less than 75 
        percent of such amounts received.
            ``(2) Waiver.--The percentage referred to in paragraph (1) 
        shall equal the percentage determined by subtracting the State 
        percentage from 100 percent, if a State submits to the Attorney 
        General an application for waiver that demonstrates and 
        certifies to the Attorney General that--
                    ``(A) the State's juvenile justice expenditures in 
                the fiscal year preceding the date in which an 
                application is submitted under this part (the `State 
                percentage') is more than 25 percent of the aggregate 
                amount of juvenile justice expenditures by the State 
                and its eligible units of local government; and
                    ``(B) the State has consulted with as many units of 
                local government in such State, or organizations 
                representing such units, as practicable regarding the 
                State's calculation of expenditures under subparagraph 
                (A), the State's application for waiver under this 
                paragraph, and the State's proposed uses of funds.
            ``(3) Allocation.--In making the distribution under 
        paragraph (1), the State shall allocate to such units of local 
        government an amount which bears the same ratio to the 
        aggregate amount of such funds as--
                    ``(A) the sum of--
                            ``(i) the product of--
                                    ``(I) three-quarters; multiplied by
                                    ``(II) the average juvenile justice 
                                expenditure for such unit of local 
                                government for the 3 most recent 
                                calendar years for which such data is 
                                available; plus
                            ``(ii) the product of--
                                    ``(I) one-quarter; multiplied by
                                    ``(II) the average annual number of 
                                part 1 violent crimes in such unit of 
                                local government for the 3 most recent 
                                calendar years for which such data is 
                                available, bears to--
                    ``(B) the sum of the products determined under 
                subparagraph (A) for all such units of local government 
                in the State.
            ``(4) Expenditures.--The allocation any unit of local 
        government shall receive under paragraph (3) for a payment 
        period shall not exceed 100 percent of juvenile justice 
        expenditures of the unit for such payment period.
            ``(5) Reallocation.--The amount of any unit of local 
        government's allocation that is not available to such unit by 
        operation of paragraph (4) shall be available to other units of 
        local government that are not affected by such operation in 
accordance with this subsection.
    ``(c) Unavailability of Data for Units of Local Government.--If the 
State has reason to believe that the reported rate of part 1 violent 
crimes or juvenile justice expenditures for a unit of local government 
is insufficient or inaccurate, the State shall--
            ``(1) investigate the methodology used by the unit to 
        determine the accuracy of the submitted data; and
            ``(2) if necessary, use the best available comparable data 
        regarding the number of violent crimes or juvenile justice 
        expenditures for the relevant years for the unit of local 
        government.
    ``(d) Local Government With Allocations Less Than $10,000.--If 
under this section a unit of local government is allocated less than 
$10,000 for a payment period, the amount allotted shall be expended by 
the State on services to units of local government whose allotment is 
less than such amount in a manner consistent with this part.
    ``(e) Direct Grants to Specially Qualified Units.--
            ``(1) In general.--If a State does not qualify or apply for 
        funds reserved for allocation under subsection (a) by the 
        application deadline established by the Attorney General, the 
        Attorney General shall reserve not more than 75 percent of the 
        allocation that the State would have received under subsection 
        (a) for such fiscal year to provide grants to specially 
        qualified units which meet the requirements for funding under 
        section 1802.
            ``(2) Award basis.--In addition to the qualification 
        requirements for direct grants for specially qualified units 
        the Attorney General may use the average amount allocated by 
        the States to units of local government as a basis for awarding 
        grants under this section.

``SEC. 1804. GUIDELINES.

    ``(a) In General.--The Attorney General shall issue guidelines 
establishing procedures under which a State or unit of local government 
that receives funds under section 1803 is required to provide notice to 
the Attorney General regarding the proposed use of funds made available 
under this part.
    ``(b) Advisory Board.--
            ``(1) In general.--The guidelines referred to in subsection 
        (a) shall include a requirement that such eligible State or 
        unit of local government establish and convene an advisory 
        board to review the proposed uses of such funds.
            ``(2) Membership.--The board shall include representation 
        from, if appropriate--
                    ``(A) the State or local police department;
                    ``(B) the local sheriff's department;
                    ``(C) the State or local prosecutor's office;
                    ``(D) the State or local juvenile court;
                    ``(E) the State or local probation officer;
                    ``(F) the State or local educational agency;
                    ``(G) a State or local social service agency;
                    ``(H) a nonprofit, nongovernmental victim advocacy 
                organization; and
                    ``(I) a nonprofit, religious, or community group.

``SEC. 1805. PAYMENT REQUIREMENTS.

    ``(a) Timing of Payments.--The Attorney General shall pay to each 
State or unit of local government that receives funds under section 
1803 that has submitted an application under this part not later than 
the later of--
            ``(1) 180 days after the date that the amount is available, 
        or
            ``(2) the first day of the payment period if the State has 
        provided the Attorney General with the assurances required by 
        subsection (c).
    ``(b) Repayment of Unexpended Amounts.--
            ``(1) Repayment required.--From amounts awarded under this 
        part, a State or specially qualified unit shall repay to the 
        Attorney General, before the expiration of the 36-month period 
        beginning on the date of the award, any amount that is not 
        expended by such State or unit.
            ``(2) Extension.--The Attorney General may adopt policies 
        and procedures providing for a one-time extension, by not more 
        than 12 months, of the period referred to in paragraph (1).
            ``(3) Penalty for failure to repay.--If the amount required 
        to be repaid is not repaid, the Attorney General shall reduce 
        payment in future payment periods accordingly.
            ``(4) Deposit of amounts repaid.--Amounts received by the 
        Attorney General as repayments under this subsection shall be 
        deposited in a designated fund for future payments to States 
        and specially qualified units.
    ``(c) Administrative Costs.--A State or unit of local government 
that receives funds under this part may use not more than 5 percent of 
such funds to pay for administrative costs.
    ``(d) Nonsupplanting Requirement.--Funds made available under this 
part to States and units of local government shall not be used to 
supplant State or local funds as the case may be, but shall be used to 
increase the amount of funds that would, in the absence of funds made 
available under this part, be made available from State or local 
sources, as the case may be.
    ``(e) Matching Funds.--
            ``(1) In general.--The Federal share of a grant received 
        under this part may not exceed 90 percent of the total program 
        costs.
            ``(2) Construction of facilities.--Notwithstanding 
        paragraph (1), with respect to the cost of constructing 
        juvenile detention or correctional facilities, the Federal 
        share of a grant received under this part may not exceed 50 
        percent of approved cost.

``SEC. 1806. UTILIZATION OF PRIVATE SECTOR.

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

``SEC. 1807. ADMINISTRATIVE PROVISIONS.

    ``(a) In General.--A State or specially qualified unit that 
receives funds under this part shall--
            ``(1) establish a trust fund in which the government will 
        deposit all payments received under this part;
            ``(2) use amounts in the trust fund (including interest) 
        during the period specified in section 1805(b)(1) and any 
        extension of that period under section 1805(b)(2);
            ``(3) designate an official of the State or specially 
        qualified unit to submit reports as the Attorney General 
        reasonably requires, in addition to the annual reports required 
        under this part; and
            ``(4) spend the funds only for the purposes under section 
        1801(b).
    ``(b) Title I Provisions.--Except as otherwise provided, the 
administrative provisions of part H shall apply to this part and for 
purposes of this section any reference in such provisions to title I 
shall be deemed to include a reference to this part.

``SEC. 1808. ASSESSMENT REPORTS.

    ``(a) Reports to Attorney General.--
            ``(1) In general.--Except as provided in paragraph (2), for 
        each fiscal year for which a grant or subgrant is awarded under 
        this part, each State or unit of local government that receives 
        such a grant or subgrant shall submit to the Attorney General a 
        report, at such time and in such manner as the Attorney General 
        may reasonably require, which report shall include--
                    ``(A) a summary of the activities carried out with 
                such grant or subgrant; and
                    ``(B) an assessment of the effectiveness of such 
                activities on achieving the purposes of this part.
            ``(2) Waivers.--The Attorney General may waive the 
        requirement of an assessment in paragraph (1)(B) for a State or 
        unit of local government if the Attorney General determines 
        that--
                    ``(A) the nature of the activities are such that 
                assessing their effectiveness would not be practical or 
                insightful;
                    ``(B) the amount of the grant or subgrant is such 
                that carrying out the assessment would not be an 
                effective use of those amounts; or
                    ``(C) the resources available to the State or unit 
                are such that carrying out the assessment would pose a 
                financial hardship on the State or unit.
    ``(b) Reports to Congress.--Not later than 90 days after the last 
day of each fiscal year for which 1 or more grants are awarded under 
this part, the Attorney General shall submit to the Congress a report, 
which shall include--
            ``(1) a summary of the information provided under 
        subsection (a);
            ``(2) the assessment of the Attorney General of the grant 
        program carried out under this part; and
            ``(3) such other information as the Attorney General 
        considers appropriate.

``SEC. 1809. DEFINITIONS.

    ``In this part:
            ``(1) Unit of local government.--The term `unit of local 
        government' means--
                    ``(A) a county, township, city, or political 
                subdivision of a county, township, or city, that is a 
                unit of local government as determined by the Secretary 
                of Commerce for general statistical purposes;
                    ``(B) any law enforcement district or judicial 
                enforcement district that--
                            ``(i) is established under applicable State 
                        law; and
                            ``(ii) has the authority, in a manner 
                        independent of other State entities, to 
                        establish a budget and raise revenues; and
                    ``(C) the District of Columbia and the recognized 
                governing body of an Indian tribe or Alaskan Native 
                village that carries out substantial governmental 
                duties and powers.
            ``(2) Specially qualified unit.--The term `specially 
        qualified unit' means a unit of local government which may 
        receive funds under this part only in accordance with section 
        1803(e).
            ``(3) State.--The term `State' means any State of the 
        United States, the District of Columbia, the Commonwealth of 
        Puerto Rico, the Virgin Islands, American Samoa, Guam, and the 
        Northern Mariana Islands, except that American Samoa, Guam, and 
        the Northern Mariana Islands shall be considered as 1 State and 
        that, for purposes of section 1803(a), 33 percent of the 
        amounts allocated shall be allocated to American Samoa, 50 
        percent to Guam, and 17 percent to the Northern Mariana 
        Islands.
            ``(4) Juvenile.--The term `juvenile' means an individual 
        who is 17 years of age or younger.
            ``(5) Juvenile justice expenditures.--The term `juvenile 
        justice expenditures' means expenditures in connection with the 
        juvenile justice system, including expenditures in connection 
        with such system to carry out--
                    ``(A) activities specified in section 1801(b); and
                    ``(B) other activities associated with 
                prosecutorial and judicial services and corrections as 
                reported to the Bureau of the Census for the fiscal 
                year preceding the fiscal year for which a 
                determination is made under this part.
            ``(6) Part 1 violent crimes.--The term `part 1 violent 
        crimes' means murder and nonnegligent manslaughter, forcible 
        rape, robbery, and aggravated assault as reported to the 
        Federal Bureau of Investigation for purposes of the Uniform 
        Crime Reports.

``SEC. 1810. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) Oversight Accountability and Administration.--
            ``(1) In general.--Of the amount authorized to be 
        appropriated under section 261 of title II of the Juvenile 
        Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5611 
        et seq.), there shall be available to the Attorney General, for 
        each of the fiscal years 2002 through 2007 (as applicable), to 
        remain available until expended--
                    ``(A) not more than 2 percent of that amount, for 
                research, evaluation, and demonstration consistent with 
                this part;
                    ``(B) not more than 1 percent of that amount, for 
                training and technical assistance; and
                    ``(C) not more than 1 percent, for administrative 
                costs to carry out the purposes of this part.
            ``(2) Oversight plan.--The Attorney General shall establish 
        and execute an oversight plan for monitoring the activities of 
        grant recipients.
    ``(b) Funding Source.--Appropriations for activities authorized in 
this part may be made from the Violent Crime Reduction Trust Fund.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect on the first day of the first fiscal year that begins after 
the date of the enactment of this Act.
    (c) Transition of Juvenile Accountability Incentive Block Grants 
Program.--For each grant made from amounts made available for the 
Juvenile Accountability Incentive Block Grants program (as described 
under the heading ``VIOLENT CRIME REDUCTION PROGRAMS, STATE AND LOCAL 
LAW ENFORCEMENT ASSISTANCE'' in the Department of Justice 
Appropriations Act, 2000 (as enacted by Public Law 106-113; 113 Stat. 
1537-14)), the grant award shall remain available to the grant 
recipient for not more than 36 months after the date of receipt of the 
grant.

SEC. 104. EXTENSION OF VIOLENT CRIME REDUCTION TRUST FUND.

    (a) In General.--Section 310001(b) of the Violent Crime Control and 
Law Enforcement Act of 1994 (42 U.S.C. 14211) is amended by striking 
paragraphs (1) through (5) and inserting the following:
            ``(1) for fiscal year 2002, $6,025,000,000;
            ``(2) for fiscal year 2003, $6,169,000,000;
            ``(3) for fiscal year 2004, $6,316,000,000;
            ``(4) for fiscal year 2005, $6,458,000,000;
            ``(5) for fiscal year 2006, $6,616,000,000; and
            ``(6) for fiscal year 2007, $6,774,000,000.''.
    (b) Discretionary Limits.--Title XXXI of the Violent Crime Control 
and Law Enforcement Act of 1994 (42 U.S.C. 14211 et seq.) is amended by 
inserting after section 310001 the following:

``SEC. 310002. DISCRETIONARY LIMITS.

    ``For the purposes of allocations made for the discretionary 
category pursuant to section 302(a) of the Congressional Budget Act of 
1974 (2 U.S.C. 633(a)), the term `discretionary spending limit' means--
            ``(1) with respect to fiscal year 2002--
                    ``(A) for the discretionary category, amounts of 
                budget authority and outlays necessary to adjust the 
                discretionary spending limits to reflect the changes in 
                subparagraph (B) as determined by the Chairman of the 
                Budget Committee; and
                    ``(B) for the violent crime reduction category: 
                $6,025,000,000 in new budget authority and 
                $5,718,000,000 in outlays;
            ``(2) with respect to fiscal year 2003--
                    ``(A) for the discretionary category, amounts of 
                budget authority and outlays necessary to adjust the 
                discretionary spending limits to reflect the changes in 
                subparagraph (B) as determined by the Chairman of the 
                Budget Committee; and
                    ``(B) for the violent crime reduction category: 
                $6,169,000,000 in new budget authority and 
                $6,020,000,000 in outlays;
            ``(3) with respect to fiscal year 2004--
                    ``(A) for the discretionary category, amounts of 
                budget authority and outlays necessary to adjust the 
                discretionary spending limits to reflect the changes in 
                subparagraph (B) as determined by the Chairman of the 
                Budget Committee; and
                    ``(B) for the violent crime reduction category: 
                $6,316,000,000 in new budget authority and 
                $6,161,000,000 in outlays;
            ``(4) with respect to fiscal year 2005--
                    ``(A) for the discretionary category, amounts of 
                budget authority and outlays necessary to adjust the 
                discretionary spending limits to reflect the changes in 
                subparagraph (B) as determined by the Chairman of the 
                Budget Committee; and
                    ``(B) for the violent crime reduction category: 
                $6,458,000,000 in new budget authority and 
                $6,303,000,000 in outlays;
            ``(5) with respect to fiscal year 2006--
                    ``(A) for the discretionary category, amounts of 
                budget authority and outlays necessary to adjust the 
                discretionary spending limits to reflect the changes in 
                subparagraph (B) as determined by the Chairman of the 
                Budget Committee; and
                    ``(B) for the violent crime reduction category: 
                $6,616,000,000 in new budget authority and 
                $6,452,000,000 in outlays; and
            ``(6) with respect to fiscal year 2007--
                    ``(A) for the discretionary category, amounts of 
                budget authority and outlays necessary to adjust the 
                discretionary spending limits to reflect the changes in 
                subparagraph (B) and determined by the Chairman of the 
                Budget Committee; and
                    ``(B) for the violent crime reduction category: 
                $6,774,000,000 in new budget authority and 
                $6,606,000,000 in outlays;
as adjusted in accordance with section 251(b) of the Balanced Budget 
and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)) and section 
314 of the Congressional Budget Act of 1974;''.

              TITLE II--PROTECTING CHILDREN FROM VIOLENCE

                 Subtitle A--Gun Show Background Checks

SECTION 201. SHORT TITLE.

    This subtitle may be cited as the ``Gun Show Background Check Act 
of 2001''.

SEC. 202. FINDINGS.

    Congress finds that--
            (1) more than 4,400 traditional gun shows are held annually 
        across the United States, attracting thousands of attendees per 
        show and hundreds of Federal firearms licensees and nonlicensed 
        firearms sellers;
            (2) traditional gun shows, as well as flea markets and 
        other organized events, at which a large number of firearms are 
        offered for sale by Federal firearms licensees and nonlicensed 
        firearms sellers, form a significant part of the national 
        firearms market;
            (3) firearms and ammunition that are exhibited or offered 
        for sale or exchange at gun shows, flea markets, and other 
        organized events move easily in and substantially affect 
        interstate commerce;
            (4) in fact, even before a firearm is exhibited or offered 
        for sale or exchange at a gun show, flea market, or other 
        organized event, the gun, its component parts, ammunition, and 
        the raw materials from which it is manufactured have moved in 
        interstate commerce;
            (5) gun shows, flea markets, and other organized events at 
        which firearms are exhibited or offered for sale or exchange, 
        provide a convenient and centralized commercial location at 
        which firearms may be bought and sold anonymously, often 
        without background checks and without records that enable gun 
        tracing;
            (6) at gun shows, flea markets, and other organized events 
        at which guns are exhibited or offered for sale or exchange, 
        criminals and other prohibited persons obtain guns without 
        background checks and frequently use guns that cannot be traced 
        to later commit crimes;
            (7) many persons who buy and sell firearms at gun shows, 
        flea markets, and other organized events cross State lines to 
        attend these events and engage in the interstate transportation 
        of firearms obtained at these events;
            (8) gun violence is a pervasive, national problem that is 
        exacerbated by the availability of guns at gun shows, flea 
        markets, and other organized events;
            (9) firearms associated with gun shows have been 
        transferred illegally to residents of another State by Federal 
        firearms licensees and nonlicensed firearms sellers, and have 
        been involved in subsequent crimes including drug offenses, 
        crimes of violence, property crimes, and illegal possession of 
        firearms by felons and other prohibited persons; and
            (10) Congress has the power, under the interstate commerce 
        clause and other provisions of the Constitution of the United 
        States, to ensure, by enactment of this subtitle, that 
        criminals and other prohibited persons do not obtain firearms 
        at gun shows, flea markets, and other organized events.

SEC. 203. EXTENSION OF BRADY BACKGROUND CHECKS TO GUN SHOWS.

    (a) Definitions.--Section 921(a) of title 18, United States Code, 
is amended by adding at the end the following:
    ``(35) Gun show.--The term `gun show' means any event--
            ``(A) at which 50 or more firearms are offered or exhibited 
        for sale, transfer, or exchange, if 1 or more of the firearms 
        has been shipped or transported in, or otherwise affects, 
        interstate or foreign commerce; and
            ``(B) at which--
                    ``(i) not less than 20 percent of the exhibitors 
                are firearm exhibitors;
                    ``(ii) there are not less than 10 firearm 
                exhibitors; or
                    ``(iii) 50 or more firearms are offered for sale, 
                transfer, or exchange.
    ``(36) Gun show promoter.--The term `gun show promoter' means any 
person who organizes, plans, promotes, or operates a gun show.
    ``(37) Gun show vendor.--The term `gun show vendor' means any 
person who exhibits, sells, offers for sale, transfers, or exchanges 1 
or more firearms at a gun show, regardless of whether or not the person 
arranges with the gun show promoter for a fixed location from which to 
exhibit, sell, offer for sale, transfer, or exchange 1 or more 
firearms.''
    (b) Regulation of Firearms Transfers at Gun Shows.--
            (1) In general.--Chapter 44 of title 18, United States 
        Code, is amended by adding at the end the following:
``Sec. 931. Regulation of firearms transfers at gun shows
    ``(a) Registration of Gun Show Promoters.--It shall be unlawful for 
any person to organize, plan, promote, or operate a gun show unless 
that person--
            ``(1) registers with the Secretary in accordance with 
        regulations promulgated by the Secretary; and
            ``(2) pays a registration fee, in an amount determined by 
        the Secretary.
    ``(b) Responsibilities of Gun Show Promoters.--It shall be unlawful 
for any person to organize, plan, promote, or operate a gun show unless 
that person--
            ``(1) before commencement of the gun show, verifies the 
        identity of each gun show vendor participating in the gun show 
        by examining a valid identification document (as defined in 
        section 1028(d)(1)) of the vendor containing a photograph of 
        the vendor;
            ``(2) before commencement of the gun show, requires each 
        gun show vendor to sign--
                    ``(A) a ledger with identifying information 
                concerning the vendor; and
                    ``(B) a notice advising the vendor of the 
                obligations of the vendor under this chapter; and
            ``(3) notifies each person who attends the gun show of the 
        requirements of this chapter, in accordance with such 
        regulations as the Secretary shall prescribe; and
            ``(4) maintains a copy of the records described in 
        paragraphs (1) and (2) at the permanent place of business of 
        the gun show promoter for such period of time and in such form 
        as the Secretary shall require by regulation.
    ``(c) Responsibilities of Transferors Other Than Licensees.--
            ``(1) In general.--If any part of a firearm transaction 
        takes place at a gun show, it shall be unlawful for any person 
        who is not licensed under this chapter to transfer a firearm to 
        another person who is not licensed under this chapter, unless 
        the firearm is transferred through a licensed importer, 
        licensed manufacturer, or licensed dealer in accordance with 
        subsection (e).
            ``(2) Criminal background checks.--A person who is subject 
        to the requirement of paragraph (1)--
                    ``(A) shall not transfer the firearm to the 
                transferee until the licensed importer, licensed 
                manufacturer, or licensed dealer through which the 
                transfer is made under subsection (e) makes the 
                notification described in subsection (e)(3)(A); and
                    ``(B) notwithstanding subparagraph (A), shall not 
                transfer the firearm to the transferee if the licensed 
                importer, licensed manufacturer, or licensed dealer 
                through which the transfer is made under subsection (e) 
                makes the notification described in subsection 
                (e)(3)(B).
            ``(3) Absence of recordkeeping requirements.--Nothing in 
        this section shall permit or authorize the Secretary to impose 
        recordkeeping requirements on any nonlicensed vendor.
    ``(d) Responsibilities of Transferees Other Than Licensees.--
            ``(1) In general.--If any part of a firearm transaction 
        takes place at a gun show, it shall be unlawful for any person 
        who is not licensed under this chapter to receive a firearm 
        from another person who is not licensed under this chapter, 
        unless the firearm is transferred through a licensed importer, 
        licensed manufacturer, or licensed dealer in accordance with 
        subsection (e).
            ``(2) Criminal background checks.--A person who is subject 
        to the requirement of paragraph (1)--
                    ``(A) shall not receive the firearm from the 
                transferor until the licensed importer, licensed 
                manufacturer, or licensed dealer through which the 
                transfer is made under subsection (e) makes the 
                notification described in subsection (e)(3)(A); and
                    ``(B) notwithstanding subparagraph (A), shall not 
                receive the firearm from the transferor if the licensed 
                importer, licensed manufacturer, or licensed dealer 
                through which the transfer is made under subsection (e) 
                makes the notification described in subsection 
                (e)(3)(B).
    ``(e) Responsibilities of Licensees.--A licensed importer, licensed 
manufacturer, or licensed dealer who agrees to assist a person who is 
not licensed under this chapter in carrying out the responsibilities of 
that person under subsection (c) or (d) with respect to the transfer of 
a firearm shall--
            ``(1) enter such information about the firearm as the 
        Secretary may require by regulation into a separate bound 
        record;
            ``(2) record the transfer on a form specified by the 
        Secretary;
            ``(3) comply with section 922(t) as if transferring the 
        firearm from the inventory of the licensed importer, licensed 
        manufacturer, or licensed dealer to the designated transferee 
        (although a licensed importer, licensed manufacturer, or 
        licensed dealer complying with this subsection shall not be 
        required to comply again with the requirements of section 
        922(t) in delivering the firearm to the nonlicensed 
        transferor), and notify the nonlicensed transferor and the 
        nonlicensed transferee--
                    ``(A) of such compliance; and
                    ``(B) if the transfer is subject to the 
                requirements of section 922(t)(1), of any receipt by 
                the licensed importer, licensed manufacturer, or 
                licensed dealer of a notification from the national 
                instant criminal background check system that the 
                transfer would violate section 922 or would violate 
                State law;
            ``(4) not later than 10 days after the date on which the 
        transfer occurs, submit to the Secretary a report of the 
        transfer, which report--
                    ``(A) shall be on a form specified by the Secretary 
                by regulation; and
                    ``(B) shall not include the name of or other 
                identifying information relating to any person involved 
                in the transfer who is not licensed under this chapter;
            ``(5) if the licensed importer, licensed manufacturer, or 
        licensed dealer assists a person other than a licensee in 
        transferring, at 1 time or during any 5 consecutive business 
        days, 2 or more pistols or revolvers, or any combination of 
        pistols and revolvers totaling 2 or more, to the same 
        nonlicensed person, in addition to the reports required under 
        paragraph (4), prepare a report of the multiple transfers, 
        which report shall be--
                    ``(A) prepared on a form specified by the 
                Secretary; and
                    ``(B) not later than the close of business on the 
                date on which the transfer occurs, forwarded to--
                            ``(i) the office specified on the form 
                        described in subparagraph (A); and
                            ``(ii) the appropriate State law 
                        enforcement agency of the jurisdiction in which 
                        the transfer occurs; and
            ``(6) retain a record of the transfer as part of the 
        permanent business records of the licensed importer, licensed 
        manufacturer, or licensed dealer.
    ``(f) Records of Licensee Transfers.--If any part of a firearm 
transaction takes place at a gun show, each licensed importer, licensed 
manufacturer, and licensed dealer who transfers 1 or more firearms to a 
person who is not licensed under this chapter shall, not later than 10 
days after the date on which the transfer occurs, submit to the 
Secretary a report of the transfer, which report--
            ``(1) shall be in a form specified by the Secretary by 
        regulation;
            ``(2) shall not include the name of or other identifying 
        information relating to the transferee; and
            ``(3) shall not duplicate information provided in any 
        report required under subsection (e)(4).
    ``(g) Firearm Transaction Defined.--In this section, the term 
`firearm transaction'--
            ``(1) includes the offer for sale, sale, transfer, or 
        exchange of a firearm; and
            ``(2) does not include the mere exhibition of a firearm.''.
            (2) Penalties.--Section 924(a) of title 18, United States 
        Code, is amended by adding at the end the following:
    ``(7)(A) Whoever knowingly violates section 931(a) shall be fined 
under this title, imprisoned not more than 5 years, or both.
    ``(B) Whoever knowingly violates subsection (b) or (c) of section 
931, shall be--
            ``(i) fined under this title, imprisoned not more than 2 
        years, or both; and
            ``(ii) in the case of a second or subsequent conviction, 
        such person shall be fined under this title, imprisoned not 
        more than 5 years, or both.
    ``(C) Whoever willfully violates section 931(d), shall be--
            ``(i) fined under this title, imprisoned not more than 2 
        years, or both; and
            ``(ii) in the case of a second or subsequent conviction, 
        such person shall be fined under this title, imprisoned not 
        more than 5 years, or both.
    ``(D) Whoever knowingly violates subsection (e) or (f) of section 
931 shall be fined under this title, imprisoned not more than 5 years, 
or both.
    ``(E) In addition to any other penalties imposed under this 
paragraph, the Secretary may, with respect to any person who knowingly 
violates any provision of section 931--
            ``(i) if the person is registered pursuant to section 
        931(a), after notice and opportunity for a hearing, suspend for 
        not more than 6 months or revoke the registration of that 
        person under section 931(a); and
            ``(ii) impose a civil fine in an amount equal to not more 
        than $10,000.''.
            (3) Technical and conforming amendments.--Chapter 44 of 
        title 18, United States Code, is amended--
                    (A) in the chapter analysis, by adding at the end 
                the following:

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

          Subtitle B--Gun Ban for Dangerous Juvenile Offenders

SEC. 211. PERMANENT PROHIBITION ON FIREARMS TRANSFERS TO OR POSSESSION 
              BY DANGEROUS JUVENILE OFFENDERS.

    (a) Definition.--Section 921(a)(20) of title 18, United States 
Code, is amended--
            (1) by inserting ``(A)'' after ``(20)'';
            (2) by redesignating subparagraphs ``(A)'' and ``(B)'' as 
        clauses ``(i)'' and ``(ii), respectively'';
            (3) by inserting after subparagraph (A) the following:
                    ``(B) For purposes of subsections (d) and (g) of 
                section 922, the term `adjudicated delinquent' means an 
                adjudication of delinquency based upon a finding of the 
                commission that an act by a person prior to the 
                eighteenth birthday of that person, if committed by an 
                adult, would be a serious drug offense or violent 
                felony (as defined in section 3559(c)(2) of this 
                title), on or after the date of enactment of this 
                paragraph.''; and
            (4) by striking ``What constitutes'' through the end and 
        inserting the following: ``What constitutes a conviction of 
        such a crime or an adjudication of delinquency shall be 
        determined in accordance with the law of the jurisdiction in 
        which the proceedings were held. Any State conviction or 
        adjudication of delinquency which has been expunged or set 
        aside or for which a person has been pardoned or has had civil 
        rights restored by the jurisdiction in which the conviction or 
        adjudication of delinquency occurred shall be considered a 
        conviction or adjudication of delinquency unless (i) the 
        expunction, set aside, pardon or restoration of civil rights is 
        directed to a specific person, (ii) the State authority 
        granting the expunction, set aside, pardon or restoration of 
        civil rights has expressly determined that the circumstances 
        regarding the conviction and the person's record and reputation 
        are such that the person will not act in a manner dangerous to 
        public safety, and (iii) the expunction, set aside, pardon, or 
        restoration of civil rights expressly authorizes the person to 
        ship, transport, receive or possess firearms. The requirement 
        of this subparagraph for an individualized restoration of 
        rights shall apply whether or not, under State law, the 
        person's civil rights were taken away by virtue of the 
        conviction or adjudication.''.
    (b) Prohibition.--Section 922 of title 18, United States Code is 
amended--
            (1) in subsection (d)--
                    (A) by striking ``or'' at the end of paragraph (8);
                    (B) by striking the period at the end of paragraph 
                (9) and inserting ``; or;'' and
                    (C) by inserting after paragraph (9) the following:
            ``(10) has been adjudicated delinquent.''; and
            (2) in subsection (g)--
                    (A) by striking ``or'' at the end of paragraph (8);
                    (B) by striking the comma at the end of paragraph 
                (9) and inserting ``; or'', and
                    (C) by inserting after paragraph (9) the following:
            ``(10) who has been adjudicated delinquent,''.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section.

                     Subtitle C--Child Safety Locks

SECTION 221. SHORT TITLE.

    This subtitle may be cited as the ``Child Safety Lock Act of 
2001''.

SEC. 222. REQUIREMENT OF CHILD HANDGUN SAFETY LOCKS.

    (a) Definitions.--Section 921(a) of title 18, United States Code, 
is amended by adding at the end the following:
            ``(38) The term `locking device' means a device or locking 
        mechanism--
                    ``(A) that--
                            ``(i) if installed on a firearm and secured 
                        by means of a key or a mechanically, 
                        electronically, or electromechanically operated 
                        combination lock, is designed to prevent the 
                        firearm from being discharged without first 
                        deactivating or removing the device by means of 
                        a key or mechanically, electronically, or 
                        electromechanically operated combination lock;
                            ``(ii) if incorporated into the design of a 
                        firearm, is designed to prevent discharge of 
                        the firearm by any person who does not have 
                        access to the key or other device designed to 
                        unlock the mechanism and thereby allow 
                        discharge of the firearm; or
                            ``(iii) is a safe, gun safe, gun case, lock 
                        box, or other device that is designed to store 
                        a firearm and that is designed to be unlocked 
                        only by means of a key, a combination, or other 
                        similar means; and
                    ``(B) that is approved by a licensed firearms 
                manufacturer for use on the handgun with which the 
                device or locking mechanism is sold, delivered, or 
                transferred.''.
    (b) Unlawful Acts.--
            (1) In general.--Section 922 of title 18, United States 
        Code, is amended by inserting after subsection (y) the 
        following:
    ``(z) Locking Devices.--
            ``(1) In general.--Except as provided in paragraph (2), it 
        shall be unlawful for any licensed manufacturer, licensed 
        importer, or licensed dealer to sell, deliver, or transfer any 
        handgun to any person other than a licensed manufacturer, 
        licensed importer, or licensed dealer, unless the transferee is 
        provided with a locking device for that handgun.
            ``(2) Exceptions.--Paragraph (1) does not apply to--
                    ``(A) the--
                            ``(i) manufacture for, transfer to, or 
                        possession by, the United States or a State or 
                        a department or agency of the United States, or 
                        a State or a department, agency, or political 
                        subdivision of a State, of a firearm; or
                            ``(ii) transfer to, or possession by, a law 
                        enforcement officer employed by an entity 
                        referred to in clause (i) of a firearm for law 
enforcement purposes (whether on or off duty); or
                    ``(B) the transfer to, or possession by, a rail 
                police officer employed by a rail carrier and certified 
                or commissioned as a police officer under the laws of a 
                State of a firearm for purposes of law enforcement 
                (whether on or off duty).''.
            (2) Effective date.--Section 922(y) of title 18, United 
        States Code, as added by this subsection, shall take effect 180 
        days after the date of enactment of this Act.
    (c) Liability; Evidence.--
            (1) Liability.--Nothing in this section shall be construed 
        to--
                    (A) create a cause of action against any firearms 
                dealer or any other person for any civil liability; or
                    (B) establish any standard of care.
            (2) Evidence.--Notwithstanding any other provision of law, 
        evidence regarding compliance or noncompliance with the 
        amendments made by this section shall not be admissible as 
        evidence in any proceeding of any court, agency, board, or 
        other entity, except with respect to an action to enforce this 
        section.
            (3) Rule of construction.--Nothing in this subsection shall 
        be construed to bar a governmental action to impose a penalty 
        under section 924(p) of title 18, United States Code, for a 
        failure to comply with section 922(y) of that title.
    (d) Civil Penalties.--Section 924 of title 18, United States Code, 
is amended--
            (1) in subsection (a)(1), by striking ``or (f)'' and 
        inserting ``(f), or (p)''; and
            (2) by adding at the end the following:
    ``(p) Penalties Relating to Locking Devices.--
            ``(1) In general.--
                    ``(A) Suspension or revocation of license; civil 
                penalties.--With respect to each violation of section 
                922(y)(1) by a licensee, the Secretary may, after 
                notice and opportunity for a hearing--
                            ``(i) suspend or revoke any license issued 
                        to the licensee under this chapter; or
                            ``(ii) subject the licensee to a civil 
                        penalty in an amount equal to not more than 
                        $10,000.
                    ``(B) Review.--An action of the Secretary under 
                this paragraph may be reviewed only as provided in 
                section 923(f).
            ``(2) Administrative remedies.--The suspension or 
        revocation of a license or the imposition of a civil penalty 
        under paragraph (1) does not preclude any administrative remedy 
        that is otherwise available to the Secretary.''.

SEC. 223. AMENDMENT OF CONSUMER PRODUCT SAFETY ACT.

    (a) In General.--The Consumer Product Safety Act (15 U.S.C. 2051 et 
seq.) is amended by adding at the end the following:

``SEC. 38. CHILD HANDGUN SAFETY LOCKS.

    ``(a) Establishment of Standard.--
            ``(1) In general.--
                    ``(A) Rulemaking required.--Notwithstanding section 
                3(a)(1)(E) of this Act, the Commission shall initiate a 
                rulemaking proceeding under section 553 of title 5, 
                United States Code, within 90 days after the date of 
                enactment of the Child Safety Lock Act of 2001 to 
                establish a consumer product safety standard for 
                locking devices. The Commission may extend the 90-day 
                period for good cause. Notwithstanding any other 
                provision of law, including chapter 5 of title 5, 
                United States Code, the Commission shall promulgate a 
                final consumer product safety standard under this 
                paragraph within 12 months after the date on which it 
                initiated the rulemaking. The Commission may extend 
                that 12-month period for good cause. The consumer 
                product safety standard promulgated under this 
                paragraph shall take effect 6 months after the date on 
                which the final standard is promulgated.
                    ``(B) Standard requirements.--The standard 
                promulgated under subparagraph (A) shall require 
                locking devices that--
                            ``(i) are sufficiently difficult for 
                        children to deactivate or remove; and
                            ``(ii) prevent the discharge of the handgun 
                        unless the locking device has been deactivated 
                        or removed.
            ``(2) Certain provisions not to apply.--
                    ``(A) Provisions of this act.--Sections 7, 9, and 
                30(d) of this Act do not apply to the rulemaking 
                proceeding under paragraph (1). Section 11 of this Act 
                does not apply to any consumer product safety standard 
                promulgated under paragraph (1).
                    ``(B) Chapter 5 of title 5.--Except for section 
                553, chapter 5 of title 5, United States Code, does not 
                apply to this section.
                    ``(C) Chapter 6 of title 5.--Chapter 6 of title 5, 
                United States Code, does not apply to this section.
                    ``(D) National environmental policy act.--The 
                National Environmental Policy Act of 1969 (42 U.S.C. 
                4321) does not apply to this section.
    ``(b) No Effect on State Law.--Notwithstanding section 26 of this 
Act, this section does not annul, alter, impair, affect, or exempt any 
person subject to the provisions of this section from complying with 
any provision of the law of any State or any political subdivision of a 
State, except to the extent that such provisions of State law are 
inconsistent with any provision of this section, and then only to the 
extent of the inconsistency. A provision of State law is not 
inconsistent with this section if such provision affords greater 
protection to children with respect to handguns than is afforded by 
this section.
    ``(c) Enforcement.--Notwithstanding subsection (a)(2)(A), the 
consumer product safety standard promulgated by the Commission under 
subsection (a) shall be enforced under this Act as if it were a 
consumer product safety standard described in section 7(a).
    ``(d) Definitions.--In this section:
            ``(1) Child.--The term `child' means an individual who has 
        not attained the age of 13 years.
            ``(2) Locking device.--The term `locking device' has the 
        meaning given that term in clauses (i) and (iii) of section 
        921(a)(38)(A) of title 18, United States Code.''.
    (b) Conforming Amendment.--Section 1 of the Consumer Product Safety 
Act is amended by adding at the end of the table of contents the 
following:

    ``Sec. 38. Child handgun safety locks.''.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Consumer Product Safety Commission $2,000,000 to 
carry out the provisions of section 38 of the Consumer Product Safety 
Act, such sums as necessary to remain available until expended.
                                 <all>