[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.
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