[Congressional Record Volume 144, Number 122 (Tuesday, September 15, 1998)]
[House]
[Pages H7726-H7745]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
JUVENILE CRIME CONTROL AND DELINQUENCY PREVENTION ACT OF 1998
Mr. GOODLING. Mr. Speaker, I move to suspend the rules and pass the
Senate bill (S. 2073) to authorize appropriations for the National
Center for Missing and Exploited Children, as amended.
The Clerk read as follows:
[[Page H7727]]
S. 2073
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 Control and Delinquency Prevention Act of 1998''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
TITLE I--AMENDMENTS TO JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT
OF 1974
Sec. 101. Findings.
Sec. 102. Purpose.
Sec. 103. Definitions.
Sec. 104. Name of office.
Sec. 105. Concentration of Federal effort.
Sec. 106. Coordinating Council on Juvenile Justice and Delinquency
Prevention.
Sec. 107. Annual report.
Sec. 108. Allocation.
Sec. 109. State plans.
Sec. 110. Juvenile delinquency prevention block grant program.
Sec. 111. Research; evaluation; technical assistance; training.
Sec. 112. Demonstration projects.
Sec. 113. Authorization of appropriations.
Sec. 114. Administrative authority.
Sec. 115. Use of funds.
Sec. 116. Limitation on use of funds.
Sec. 117. Rule of construction.
Sec. 118. Leasing surplus Federal property.
Sec. 119. Issuance of Rules.
Sec. 120. Technical and conforming amendments.
Sec. 121. References.
TITLE II--AMENDMENTS TO THE RUNAWAY AND HOMELESS YOUTH ACT
Sec. 201. Findings.
Sec. 202. Authority to make grants for centers and services.
Sec. 203. Eligibility.
Sec. 204. Approval of applications.
Sec. 205. Authority for transitional living grant program.
Sec. 206. Eligibility.
Sec. 207. Authority to make grants for research, evaluation,
demonstration, and service projects.
Sec. 208. Temporary demonstration projects to provide services to youth
in rural areas.
Sec. 209. Sexual abuse prevention program.
Sec. 210. Assistance to potential grantees.
Sec. 211. Reports.
Sec. 212. Evaluation.
Sec. 213. Authorization of appropriations.
Sec. 214. Consolidated review of applications.
Sec. 215. Definitions.
Sec. 216. Redesignation of sections.
Sec. 217. Technical amendment.
TITLE III--INCENTIVE GRANTS FOR LOCAL DELINQUENCY PREVENTION PROGRAMS
Sec. 301. Duties and functions of the Administrator.
Sec. 302. Grants for prevention programs.
Sec. 303. Repeal of definition.
Sec. 304. Authorization of appropriations.
TITLE IV--MISCELLANEOUS AMENDMENTS
Sec. 401. National Resource Center and Clearinghouse for Missing
Children.
TITLE V--REFORMING THE FEDERAL JUVENILE JUSTICE SYSTEM
Sec. 501. Delinquency proceedings or criminal prosecutions in
Sec. 502. Custody prior to appearance before judicial officer.
Sec. 503. Technical and conforming amendments to section 5034.
Sec. 504. Detention prior to disposition or sentencing.
Sec. 505. Speedy trial.
Sec. 506. Disposition; availability of increased detention, fines and
supervised release for juvenile offenders.
Sec. 507. Juvenile records and fingerprinting.
Sec. 508. Technical amendments of sections 5031 and 5034.
Sec. 509. Clerical amendments to table of sections for chapter 403.
TITLE VI--APPREHENDING ARMED VIOLENT YOUTH
Sec. 601. Armed violent youth apprehension directive.
TITLE VII--ACCOUNTABILITY FOR JUVENILE OFFENDERS AND PUBLIC PROTECTION
INCENTIVE GRANTS
Sec. 701. Short title.
Sec. 702. Block grant program.
TITLE VIII--SPECIAL PRIORITY FOR CERTAIN DISCRETIONARY GRANTS
Sec. 801. Special priority.
TITLE IX--GRANT REDUCTION
Sec. 901. Parental notification.
TITLE X--GENERAL PROVISIONS
Sec. 1001. Effective date; application of amendments.
TITLE I--AMENDMENTS TO JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT
OF 1974
SEC. 101. FINDINGS.
Section 101 of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5601) is amended to read as
follows:
``findings
``Sec. 101. (a) The Congress finds the following:
``(1) There has been a dramatic increase in juvenile
delinquency, particularly violent crime committed by
juveniles. Weapons offenses and homicides are 2 of the
fastest growing crimes committed by juveniles. More than \1/
2\ of juvenile victims are killed with a firearm.
Approximately \1/5\ of the individuals arrested for
committing violent crime are less than 18 years of age. The
increase in both the number of youth below the age of 15 and
females arrested for violent crime is cause for concern.
``(2) This problem should be addressed through a 2-track
common sense approach that addresses the needs of individual
juveniles and society at large by promoting--
``(A) quality prevention programs that--
``(i) work with juveniles, their families, local public
agencies, and community-based organizations, and take into
consideration such factors as whether or not juveniles have
been the victims of family violence (including child abuse
and neglect); and
``(ii) are designed to reduce risks and develop
competencies in at-risk juveniles that will prevent, and
reduce the rate of, violent delinquent behavior; and
``(B) programs that assist in holding juveniles accountable
for their actions, including a system of graduated sanctions
to respond to each delinquent act, requiring juveniles to
make restitution, or perform community service, for the
damage caused by their delinquent acts, and methods for
increasing victim satisfaction with respect to the penalties
imposed on juveniles for their acts.
``(b) Congress must act now to reform this program by
focusing on juvenile delinquency prevention programs, as well
as programs that hold juveniles accountable for their acts.
Without true reform, the criminal justice system will not be
able to overcome the challenges it will face in the coming
years when the number of juveniles is expected to increase by
30 percent.''.
SEC. 102. PURPOSE.
Section 102 of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5602) is amended to read as
follows:
``purposes
``Sec. 102. The purposes of this title and title II are--
``(1) to support State and local programs that prevent
juvenile involvement in delinquent behavior;
``(2) to assist State and local governments in promoting
public safety by encouraging accountability for acts of
juvenile delinquency; and
``(3) to assist State and local governments in addressing
juvenile crime through the provision of technical assistance,
research, training, evaluation, and the dissemination of
information on effective programs for combating juvenile
delinquency.''.
SEC. 103. DEFINITIONS.
Section 103 of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5603) is amended--
(1) in paragraph (3) by striking ``to help prevent juvenile
delinquency'' and inserting ``designed to reduce known risk
factors for juvenile delinquent behavior, provides activities
that build on protective factors for, and develop
competencies in, juveniles to prevent, and reduce the rate
of, delinquent juvenile behavior'',
(2) in paragraph (4) by inserting ``title I of'' before
``the Omnibus'' each place it appears,
(3) in paragraph (7) by striking ``the Trust Territory of
the Pacific Islands,'',
(4) in paragraph (9) by striking ``justice'' and inserting
``crime control'',
(5) in paragraph (12)(B) by striking ``, of any
nonoffender,'',
(6) in paragraph (13)(B) by striking ``, any non-
offender,'',
(7) in paragraph (14) by inserting ``drug trafficking,''
after ``assault,'',
(8) in paragraph (16)--
(A) in subparagraph (A) by adding ``and'' at the end, and
(B) by striking subparagraph (C),
(9) by striking paragraph (17),
(10) in paragraph (22)--
(A) by redesignating subparagraphs (i), (ii), and (iii) as
subparagraphs (A), (B), and (C), respectively, and
(B) by striking ``and'' at the end,
(11) in paragraph (23) by striking the period at the end
and inserting a semicolon,
(12) by redesignating paragraphs (18), (19), (20), (21),
(22), and (23) as paragraphs (17) through (22), respectively,
and
(13) by adding at the end the following:
``(23) the term `boot camp' means a residential facility
(excluding a private residence) at which there are provided--
``(A) a highly regimented schedule of discipline, physical
training, work, drill, and ceremony characteristic of
military basic training.
``(B) regular, remedial, special, and vocational education;
and
``(C) counseling and treatment for substance abuse and
other health and mental health problems;
``(24) the term `graduated sanctions' means an
accountability-based, graduated series of sanctions
(including incentives and services) applicable to juveniles
within the juvenile justice system to hold such juveniles
accountable for their actions and to protect communities from
the effects of juvenile delinquency by providing appropriate
sanctions for every act for which a juvenile is adjudicated
delinquent, by inducing their law-abiding behavior, and by
preventing their
[[Page H7728]]
subsequent involvement with the juvenile justice system;
``(25) the term `violent crime' means--
``(A) murder or nonnegligent manslaughter, forcible rape,
or robbery, or
``(B) aggravated assault committed with the use of a
firearm;
``(26) the term `co-located facilities' means facilities
that are located in the same building, or are part of a
related complex of buildings located on the same grounds; and
``(27) the term `related complex of buildings' means 2 or
more buildings that share--
``(A) physical features, such as walls and fences, or
services beyond mechanical services (heating, air
conditioning, water and sewer); or
``(B) the specialized services that are allowable under
section 31.303(e)(3)(i)(C)(3) of title 28 of the Code of
Federal Regulations, as in effect on December 10, 1996.''.
SEC. 104. NAME OF OFFICE.
Title II of the Juvenile Justice and Delinquency Prevention
Act of 1974 (42 U.S.C. 5611 et seq.) is amended--
(1) by amending the heading of part A to read as follows:
``Part A--Office of Juvenile Crime Control and Delinquency
Prevention'',
(2) in section 201(a) by striking ``Justice and Delinquency
Prevention'' and inserting ``Crime Control and Delinquency
Prevention'', and
(3) in subsections section 299A(c)(2) by striking ``Justice
and Delinquency Prevention'' and inserting ``Crime Control
and Delinquency Prevention''.
SEC. 105. CONCENTRATION OF FEDERAL EFFORT.
Section 204 of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5614) is amended--
(1) in subsection (a)(1) by striking the last sentence,
(2) in subsection (b)--
(A) in paragraph (3) by striking ``and of the prospective''
and all that follows through ``administered'',
(B) by striking paragraph (5), and
(C) by redesignating paragraphs (6) and (7) as paragraphs
(5) and (6), respectively,
(3) in subsection (c) by striking ``and reports'' and all
that follows through ``this part'', and inserting ``as may be
appropriate to prevent the duplication of efforts, and to
coordinate activities, related to the prevention of juvenile
delinquency'',
(4) by striking subsection (i), and
(5) by redesignating subsection (h) as subsection (f).
SEC. 106. COORDINATING COUNCIL ON JUVENILE JUSTICE AND
DELINQUENCY PREVENTION.
Section 206 of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5616) is repealed.
SEC. 107. ANNUAL REPORT.
Section 207 of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5617) is amended--
(1) in paragraph (2)--
(A) by inserting ``and'' after ``priorities,'', and
(B) by striking ``, and recommendations of the Council'',
(2) by striking paragraphs (4) and (5), and inserting the
following:
``(4) An evaluation of the programs funded under this title
and their effectiveness in reducing the incidence of juvenile
delinquency, particularly violent crime, committed by
juveniles.'', and
(3) by redesignating such section as section 206.
SEC. 108. ALLOCATION.
Section 222 of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5632) is amended--
(1) in subsection (a)--
(A) in paragraph (2)--
(i) in subparagraph (A)--
(I) by striking ``amount, up to $400,000,'' and inserting
``amount up to $400,000'',
(II) by inserting a comma after ``1992'' the 1st place it
appears,
(III) by striking ``the Trust Territory of the Pacific
Islands,'', and
(IV) by striking ``amount, up to $100,000,'' and inserting
``amount up to $100,000'',
(ii) in subparagraph (B)--
(I) by striking ``(other than part D)'',
(II) by striking ``or such greater amount, up to $600,000''
and all that follows through ``section 299(a) (1) and (3)'',
(III) by striking ``the Trust Territory of the Pacific
Islands,'',
(IV) by striking ``amount, up to $100,000,'' and inserting
``amount up to $100,000'', and
(V) by inserting a comma after ``1992'',
(B) in paragraph (3) by striking ``allot'' and inserting
``allocate'', and
(2) in subsection (b) by striking ``the Trust Territory of
the Pacific Islands,''.
SEC. 109. STATE PLANS.
Section 223 of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5633) is amended--
(1) in subsection (a)--
(A) in the 2nd sentence by striking ``challenge'' and all
that follows through ``part E'', and inserting ``, projects,
and activities'',
(B) in paragraph (3)--
(i) by striking ``, which--'' and inserting ``that--'',
(ii) in subparagraph (A)--
(I) by striking ``not less'' and all that follows through
``33'', and inserting ``the attorney general of the State or
such other State official who has primary responsibility for
overseeing the enforcement of State criminal laws, and'',
(II) by inserting ``, in consultation with the attorney
general of the State or such other State official who has
primary responsibility for overseeing the enforcement of
State criminal laws'' after ``State'',
(III) in clause (i) by striking ``or the administration of
juvenile justice'' and inserting ``, the administration of
juvenile justice, or the reduction of juvenile delinquency'',
(IV) in clause (ii) by striking ``include--'' and all that
follows through the semicolon at the end of subclause (VIII),
and inserting the following:
``represent a multidisciplinary approach to addressing
juvenile delinquency and may include--
``(I) individuals who represent units of general local
government, law enforcement and juvenile justice agencies,
public agencies concerned with the prevention and treatment
of juvenile delinquency and with the adjudication of
juveniles, representatives of juveniles, or nonprofit private
organizations, particularly such organizations that serve
juveniles; and
``(II) such other individuals as the chief executive
officer considers to be appropriate; and'', and
(V) by striking clauses (iv) and (v),
(iii) in subparagraph (C) by striking ``justice'' and
inserting ``crime control'',
(iv) in subparagraph (D)--
(I) in clause (i) by inserting ``and'' at the end,
(II) in clause (ii) by striking ``paragraphs'' and all that
follows through ``part E'', and inserting ``paragraphs (11),
(12), and (13)'', and
(III) by striking clause (iii), and
(v) in subparagraph (E) by striking ``title--'' and all
that follows through ``(ii)'' and inserting ``title,'',
(C) in paragraph (5)--
(i) in the matter preceding subparagraph (A) by striking
``, other than'' and inserting ``reduced by the percentage
(if any) specified by the State under the authority of
paragraph (25) and excluding'' after ``section 222'', and
``(ii) in subparagraph (C) by striking ``paragraphs
(12)(A), (13), and (14)'' and inserting ``paragraphs (11),
(12), and (13)'',
(D) by striking paragraph (6),
(E) in paragraph (7) by inserting ``, including in rural
areas'' before the semicolon at the end,
(F) in paragraph (8)--
(i) in subparagraph (A)--
(I) by striking ``for (i)'' and all that follows through
``relevant jurisdiction'', and inserting ``for an analysis of
juvenile delinquency problems in, and the juvenile
delinquency control and delinquency prevention needs
(including educational needs) of, the State'',
(II) by striking ``justice'' the second place it appears
and inserting ``crime control'', and
(III) by striking ``of the jurisdiction; (ii)'' and all
that follows through the semicolon at the end, and inserting
``of the State; and'',
(ii) by amending subparagraph (B) to read as follows:
``(B) contain--
``(i) a plan for providing needed gender-specific services
for the prevention and treatment of juvenile delinquency;
``(ii) a plan for providing needed services for the
prevention and treatment of juvenile delinquency in rural
areas; and
``(iii) a plan for providing needed mental health services
to juveniles in the juvenile justice system;'', and
(iii) by striking subparagraphs (C) and (D),
(G) by amending paragraph (9) to read as follows:
``(9) provide for the coordination and maximum utilization
of existing juvenile delinquency programs, programs operated
by public and private agencies and organizations, and other
related programs (such as education, special education,
recreation, health, and welfare programs) in the State;'',
(H) in paragraph (10)--
(i) in subparagraph (A)--
(I) by striking ``, specifically'' and inserting
``including'',
(II) by striking clause (i), and
(III) redesignating clauses (ii) and (iii) as clauses (i)
and (ii), respectively,
(ii) by amending subparagraph (B) to read as follows:
``(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;'',
(iii) in subparagraph (C) by striking ``juvenile justice''
and inserting ``juvenile crime control'',
(iv) by amending subparagraph (D) to read as follows:
``(D) programs that provide treatment to juvenile offenders
who are victims of child abuse or neglect, and to their
families, in order to reduce the likelihood that such
juvenile offenders will commit subsequent violations of
law;'',
(v) in subparagraph (E)--
(I) by redesignating clause (ii) as clause (iii), and
(II) by striking ``juveniles, provided'' and all that
follows through ``provides; and'', and inserting the
following:
``juveniles--
``(i) to encourage juveniles to remain in elementary and
secondary schools or in alternative learning situations;
``(ii) to provide services to assist juveniles in making
the transition to the world of work and self-sufficiency;
and'',
[[Page H7729]]
(vi) by amending subparagraph (F) to read as follows:
``(F) expanding the use of probation officers--
``(i) particularly for the purpose of permitting nonviolent
juvenile offenders (including status offenders) to remain at
home with their families as an alternative to incarceration
or institutionalization; and
``(ii) to ensure that juveniles follow the terms of their
probation;'',
(vii) by amending subparagraph (G) to read as follows:
``(G) one-on-one mentoring programs that are designed to
link at-risk juveniles and juvenile offenders, particularly
juveniles residing in high-crime areas and juveniles
experiencing educational failure, with responsible adults
(such as law enforcement officers, adults working with local
businesses, and adults working with community-based
organizations and agencies) who are properly screened and
trained;'',
(viii) in subparagraph (H) by striking ``handicapped
youth'' and inserting ``juveniles with disabilities'',
(ix) by amending subparagraph (K) to read as follows:
``(K) boot camps for juvenile offenders;'',
(x) by amending subparagraph (L) to read as follows:
``(L) community-based programs and services to work with
juveniles, their parents, and other family members during and
after incarceration in order to strengthen families so that
such juveniles may be retained in their homes;'',
(xi) by amending subparagraph (M) to read as follows:
``(M) other activities (such as court-appointed advocates)
that the State determines will hold juveniles accountable for
their acts and decrease juvenile involvement in delinquent
activities;'',
(xii) by amending subparagraph (N) to read as follows:
``(N) establishing policies and systems to incorporate
relevant child protective services records into juvenile
justice records for purposes of establishing treatment plans
for juvenile offenders;'',
(xiii) in subparagraph (O)--
(I) in striking ``cultural'' and inserting ``other'', and
(II) by striking the period at the end and inserting a
semicolon, and
(xiv) by adding at the end the following:
``(P) a system of records relating to any adjudication of
juveniles less than 18 years of age who are adjudicated
delinquent for conduct that would be a violent crime if
committed by an adult, that is--
``(i) equivalent to the records that would be kept of
adults arrested for such conduct, including fingerprints and
photographs;
``(ii) submitted to the Federal Bureau of Investigation in
the same manner as adult records are so submitted;
``(iii) retained for a period of time that is equal to the
period of time records are retained for adults; and
``(iv) available on an expedited basis to law enforcement
agencies, the courts, and school officials (and such school
officials shall be subject to the same standards and
penalties that law enforcement and juvenile justice system
employees are subject to under Federal and State law, for
handling and disclosing such information);
``(Q) programs that utilize multidisciplinary interagency
case management and information sharing, that enable the
juvenile justice and law enforcement agencies, schools, and
social service agencies to make more informed decisions
regarding early identification, control, supervision, and
treatment of juveniles who repeatedly commit violent or
serious delinquent acts; and
``(R) programs designed to prevent and reduce hate crimes
committed by juveniles.'',
(I) by amending paragraph (12) to read as follows:
``(12) shall, in accordance with rules issued by the
Administrator, provide that--
``(A) juveniles who are charged with or who have committed
an offense that would not be criminal if committed by an
adult, excluding--
``(i) juveniles who are charged with or who have committed
a violation of section 922(x)(2) of title 18, United States
Code, or of a similar State law;
``(ii) juveniles who are charged with or who have committed
a violation of a valid court order; and
``(iii) juveniles who are held in accordance with the
Interstate Compact on Juveniles as enacted by the State;
shall not be placed in secure detention facilities or secure
correctional facilities; and
``(B) juveniles--
``(i) who are not charged with any offense; and
``(ii) who are--
``(I) aliens; or
``(II) alleged to be dependent, neglected, or abused;
shall not be placed in secure detention facilities or secure
correctional facilities;'',
(J) by amending paragraph (13) to read as follows:
``(13) provide that--
``(A) juveniles alleged to be or found to be delinquent,
and juveniles within the purview of paragraph (11), will not
be detained or confined in any institution in which they have
regular contact, or unsupervised incidental contact, with
adults incarcerated because such adults have been convicted
of a crime or are awaiting trial on criminal charges; and
``(B) there is in effect in the State a policy that
requires individuals who work with both such juveniles and
such adults in co-located facilities have been trained and
certified to work with juveniles;'',
(K) by amending paragraph (14) to read as follows:
``(14) provide that no juvenile will be detained or
confined in any jail or lockup for adults except--
``(A) juveniles who are accused of nonstatus offenses and
who are detained in such jail or lockup for a period not to
exceed 6 hours--
``(i) for processing or release;
``(ii) while awaiting transfer to a juvenile facility; or
``(iii) in which period such juveniles make a court
appearance;
``(B) juveniles who are accused of nonstatus offenses, who
are awaiting an initial court appearance that will occur
within 48 hours after being taken into custody (excluding
Saturdays, Sundays, and legal holidays), and who are detained
or confined in a jail or lockup--
``(i) in which--
``(I) such juveniles do not have regular contact, or
unsupervised incidental contact, with adults incarcerated
because such adults have been convicted of a crime or are
awaiting trial on criminal charges; and
``(II) there is in effect in the State a policy that
requires individuals who work with both such juveniles and
such adults in co-located facilities have been trained and
certified to work with juveniles; and
``(ii) that--
``(I) is located outside a metropolitan statistical area
(as defined by the Office of Management and Budget);
``(II) has no existing acceptable alternative placement
available;
``(III) is located where conditions of distance to be
traveled or the lack of highway, road, or transportation do
not allow for court appearances within 48 hours (excluding
Saturdays, Sundays, and legal holidays) so that a brief (not
to exceed an additional 48 hours) delay is excusable; or
``(IV) is located where conditions of safety exist (such as
severe adverse, life-threatening weather conditions that do
not allow for reasonably safe travel), in which case the time
for an appearance may be delayed until 24 hours after the
time that such conditions allow for reasonable safe travel;
``(C) juveniles who are accused of nonstatus offenses and
who are detained or confined in a jail or lockup that
satisfies the requirements of subparagraph (B)(i) if--
``(i) such jail or lockup--
``(I) is located outside a metropolitan statistical area
(as defined by the Office of Management and Budget); and
``(II) has no existing acceptable alternative placement
available;
``(ii) a parent or other legal guardian (or guardian ad
litem) of the juvenile involved consents to detaining or
confining such juvenile in accordance with this subparagraph
and has the right to revoke such consent at any time;
``(iii) the juvenile has counsel, and the counsel
representing such juvenile has an opportunity to present the
juvenile's position regarding the detention or confinement
involved to the court before the court approves such
detention or confinement; and
``(iv) detaining or confining such juvenile in accordance
with this subparagraph is--
``(I) approved in advance by a court with competent
jurisdiction that has determined that such placement is in
the best interest of such juvenile;
``(II) required to be reviewed periodically, at intervals
of not more than 5 days (excluding Saturdays, Sundays, and
legal holidays), by such court for the duration of detention
or confinement; and
``(III) for a period preceding the sentencing (if any) of
such juvenile;'',
(L) in paragraph (15)--
(i) by striking ``paragraph (12)(A), paragraph (13), and
paragraph (14)'' and inserting ``paragraphs (11), (12), and
(13)'', and
(ii) by striking ``paragraph (12)(A) and paragraph (13)''
and inserting ``paragraphs (11) and (12)'',
(M) in paragraph (16) by striking ``mentally, emotionally,
or physically handicapping conditions'' and inserting
``disability'',
(N) by amending paragraph (19) to read as follows:
``(19) provide assurances that--
``(A) any assistance provided under this Act will not cause
the displacement (including a partial displacement, such as a
reduction in the hours of nonovertime work, wages, or
employment benefits) of any currently employed employee;
``(B) activities assisted under this Act will not impair an
existing collective bargaining relationship, contract for
services, or collective bargaining agreement; and
``(C) no such activity that would be inconsistent with the
terms of a collective bargaining agreement shall be
undertaken without the written concurrence of the labor
organization involved;'',
(O) by amending paragraph (23) to read as follows:
``(23) address juvenile delinquency prevention efforts and
system improvement efforts designed to reduce, without
establishing or requiring numerical standards or quotas, the
disproportionate number of juvenile members of minority
groups, who come into contact with the juvenile justice
system;'',
(P) by amending paragraph (24) to read as follows:
[[Page H7730]]
``(24) provide that if a juvenile is taken into custody for
violating a valid court order issued for committing a status
offense--
``(A) an appropriate public agency shall be promptly
notified that such juvenile is held in custody for violating
such order;
``(B) not later than 24 hours during which such juvenile is
so held, an authorized representative of such agency shall
interview, in person, such juvenile; and
``(C) not later than 48 hours during which such juvenile is
so held--
``(i) such representative shall submit an assessment to the
court that issued such order, regarding the immediate needs
of such juvenile; and
``(ii) such court shall conduct a hearing to determine--
``(I) whether there is reasonable cause to believe that
such juvenile violated such order; and
``(II) the appropriate placement of such juvenile pending
disposition of the violation alleged;'',
(Q) in paragraph (25) by striking the period at the end and
inserting a semicolon,
(R) by redesignating paragraphs (7) through (25) as
paragraphs (6) through (24), respectively, and
(S) by adding at the end the following:
``(25) specify a percentage (if any), not to exceed 5
percent, of funds received by the State under section 222
(other than funds made available to the state advisory group
under section 222(d)) that the State will reserve for
expenditure by the State to provide incentive grants to units
of general local government that reduce the caseload of
probation officers within such units, and
``(26) provide that the State, to the maximum extent
practicable, will implement a system to ensure that if a
juvenile is before a court in the juvenile justice system,
public child welfare records (including child protective
services records) relating to such juvenile that are on file
in the geographical area under the jurisdiction of such court
will be made known to such court.'', and
(2) by amending subsection (c) to read as follows:
``(c) If a State fails to comply with any of the applicable
requirements of paragraphs (11), (12), (13), and (22) of
subsection (a) in any fiscal year beginning after September
30, 1998, then the amount allocated to such State for the
subsequent fiscal year shall be reduced by not to exceed 12.5
percent for each such paragraph with respect to which the
failure occurs, unless the Administrator determines that the
State--
``(1) has achieved substantial compliance with such
applicable requirements with respect to which the State was
not in compliance; and
``(2) has made, through appropriate executive or
legislative action, an unequivocal commitment to achieving
full compliance with such applicable requirements within a
reasonable time.'', and
(3) in subsection (d)--
(A) by striking ``allotment'' and inserting ``allocation'',
and
(B) by striking ``subsection (a) (12)(A), (13), (14) and
(23)'' each place it appears and inserting ``paragraphs (11),
(12), (13), and (22) of subsection (a)''.
SEC. 110. JUVENILE DELINQUENCY PREVENTION BLOCK GRANT
PROGRAM.
Title II of the Juvenile Justice and Delinquency Prevention
Act of 1974 (42 U.S.C. 5611 et seq.) is amended--
(1) by striking parts C, D, E, F, G, and H,
(2) by striking the 1st part I,
(3) by redesignating the 2nd part I as part F, and
(4) by inserting after part B the following:
``PART C--JUVENILE DELINQUENCY PREVENTION BLOCK GRANT PROGRAM
``SEC. 241. AUTHORITY TO MAKE GRANTS.
``The Administrator may make grants to eligible States,
from funds allocated under section 242, for the purpose of
providing financial assistance to eligible entities to carry
out projects designed to prevent juvenile delinquency,
including--
``(1) projects that assist in holding juveniles accountable
for their actions, including the use of neighborhood courts
or panels that increase victim satisfaction and require
juveniles to make restitution, or perform community service,
for the damage caused by their delinquent acts;
``(2) projects that provide treatment to juvenile offenders
who are victims of child abuse or neglect, and to their
families, in order to reduce the likelihood that such
juvenile offenders will commit subsequent violations of law;
``(3) educational projects or supportive services for
delinquent or other juveniles--
``(A) to encourage juveniles to remain in elementary and
secondary schools or in alternative learning situations in
educational settings;
``(B) to provide services to assist juveniles in making the
transition to the world of work and self-sufficiency;
``(C) to assist in identifying learning difficulties
(including learning disabilities);
``(D) to prevent unwarranted and arbitrary suspensions and
expulsions;
``(E) to encourage new approaches and techniques with
respect to the prevention of school violence and vandalism;
``(F) which assist law enforcement personnel and juvenile
justice personnel to more effectively recognize and provide
for learning-disabled and other handicapped juveniles; or
``(G) which develop locally coordinated policies and
programs among education, juvenile justice, and social
service agencies;
``(4) projects which expand the use of probation officers--
``(A) particularly for the purpose of permitting nonviolent
juvenile offenders (including status offenders) to remain at
home with their families as an alternative to incarceration
or institutionalization; and
``(B) to ensure that juveniles follow the terms of their
probation;
``(5) one-on-one mentoring projects that are designed to
link at-risk juveniles and juvenile offenders who did not
commit serious crime, particularly juveniles residing in
high-crime areas and juveniles experiencing educational
failure, with responsible adults (such as law enforcement
officers, adults working with local businesses, and adults
working for community-based organizations and agencies) who
are properly screened and trained;
``(6) community-based projects and services (including
literacy and social service programs) which work with
juvenile offenders, including those from families with
limited English-speaking proficiency, their parents, their
siblings, and other family members during and after
incarceration of the juvenile offenders, in order to
strengthen families, to allow juvenile offenders to be
retained in their homes, and to prevent the involvement of
other juvenile family members in delinquent activities;
``(7) projects designed to provide for the treatment of
juveniles for dependence on or abuse of alcohol, drugs, or
other harmful substances;
``(8) projects which leverage funds to provide scholarships
for postsecondary education and training for low-income
juveniles who reside in neighborhoods with high rates of
poverty, violence, and drug-related crimes;
``(9) projects which provide for an initial intake
screening of each juvenile taken into custody--
``(A) to determine the likelihood that such juvenile will
commit a subsequent offense; and
``(B) to provide appropriate interventions to prevent such
juvenile from committing subsequent offenses;
``(10) projects (including school- or community-based
projects) that are designed to prevent, and reduce the rate
of, the participation of juveniles in gangs that commit
crimes (particularly violent crimes), that unlawfully use
firearms and other weapons, or that unlawfully traffic in
drugs and that involve, to the extent practicable, families
and other community members (including law enforcement
personnel and members of the business community) in the
activities conducted under such projects;
``(11) comprehensive juvenile justice and delinquency
prevention projects that meet the needs of juveniles through
the collaboration of the many local service systems juveniles
encounter, including schools, courts, law enforcement
agencies, child protection agencies, mental health agencies,
welfare services, health care agencies, and private nonprofit
agencies offering services to juveniles;
``(12) to develop, implement, and support, in conjunction
with public and private agencies, organizations, and
businesses, projects for the employment of juveniles and
referral to job training programs (including referral to
Federal job training programs);
``(13) delinquency prevention activities which involve
youth clubs, sports, recreation and parks, peer counseling
and teaching, the arts, leadership development, community
service, volunteer service, before- and after-school
programs, violence prevention activities, mediation skills
training, camping, environmental education, ethnic or
cultural enrichment, tutoring, and academic enrichment;
``(14) to establish policies and systems to incorporate
relevant child protective services records into juvenile
justice records for purposes of establishing treatment plans
for juvenile offenders;
``(15) family strengthening activities, such as mutual
support groups for parents and their children;
``(16) programs that encourage social competencies,
problem-solving skills, and communication skills, youth
leadership, and civic involvement;
``(17) programs that focus on the needs of young girls at-
risk of delinquency or status offenses; and
``(18) other activities that are likely to prevent juvenile
delinquency.
``SEC. 242. ALLOCATION.
``Funds appropriated to carry out this part shall be
allocated among eligible States as follows:
``(1) Fifty percent of such amount shall be allocated
proportionately based on the population that is less than 18
years of age in the eligible States.
``(2) Fifty percent of such amount shall be allocated
proportionately based on the annual average number of arrests
for serious crimes committed in the eligible States by
juveniles during the then most recently completed period of 3
consecutive calendar years for which sufficient information
is available to the Administrator.
``SEC. 243. ELIGIBILITY OF STATES.
``(a) Application.--To be eligible to receive a grant under
section 241, a State shall submit to the Administrator an
application that contains the following:
``(1) An assurance that the State will use--
``(A) not more than 5 percent of such grant, in the
aggregate, for--
[[Page H7731]]
``(i) the costs incurred by the State to carry out this
part; and
``(ii) to evaluate, and provide technical assistance
relating to, projects and activities carried out with funds
provided under this part; and
``(B) the remainder of such grant to make grants under
section 244.
``(2) An assurance that, and a detailed description of how,
such grant will support, and not supplant State and local
efforts to prevent juvenile delinquency.
``(3) An assurance that such application was prepared after
consultation with and participation by community-based
organizations, and organizations in the local juvenile
justice system, that carry out programs, projects, or
activities to prevent juvenile delinquency.
``(4) An assurance that each eligible entity described in
section 244(a) that receives an initial grant under section
244 to carry out a project or activity shall also receive an
assurance from the State that such entity will receive from
the State, for the subsequent fiscal year to carry out such
project or activity, a grant under such section in an amount
that is proportional, based on such initial grant and on the
amount of the grant received under section 241 by the State
for such subsequent fiscal year, but that does not exceed the
amount specified for such subsequent fiscal year in such
application as approved by the State.
``(5) Such other information and assurances as the
Administrator may reasonably require by rule.
``(b) Approval of Applications.--
``(1) Approval required.--Subject to paragraph (2), the
Administrator shall approve an application, and amendments to
such application submitted in subsequent fiscal years, that
satisfy the requirements of subsection (a).
``(2) Limitation.--The Administrator may not approve such
application (including amendments to such application) for a
fiscal year unless--
``(A)(i) the State submitted a plan under section 223 for
such fiscal year; and
``(ii) such plan is approved by the Administrator for such
fiscal year; or
``(B) the Administrator waives the application of
subparagraph (A) to such State for such fiscal year, after
finding good cause for such a waiver.
``SEC. 244. GRANTS FOR LOCAL PROJECTS.
``(a) Selection From Among Applications.--(1) Using a grant
received under section 241, a State may make grants to
eligible entities whose applications are received by the
State in accordance with subsection (b) to carry out projects
and activities described in section 241.
``(2) For purposes of making such grants, the State shall
give special consideration to eligible entities that--
``(A) propose to carry out such projects in geographical
areas in which there is--
``(i) a disproportionately high level of serious crime
committed by juveniles; or
``(ii) a recent rapid increase in the number of nonstatus
offenses committed by juveniles;
``(B)(i) agreed to carry out such projects or activities
that are multidisciplinary and involve 2 or more eligible
entities; or
``(ii) represent communities that have a comprehensive plan
designed to identify at-risk juveniles and to prevent or
reduce the rate of juvenile delinquency, and that involve
other entities operated by individuals who have a
demonstrated history of involvement in activities designed to
prevent juvenile delinquency; and
``(C) the amount of resources (in cash or in kind) such
entities will provide to carry out such projects and
activities.
``(b) Receipt of Applications.--(1) Subject to paragraph
(2), a unit of general local government shall submit to the
State simultaneously all applications that are--
``(A) timely received by such unit from eligible entities;
and
``(B) determined by such unit to be consistent with a
current plan formulated by such unit for the purpose of
preventing, and reducing the rate of, juvenile delinquency in
the geographical area under the jurisdiction of such unit.
``(2) If an application submitted to such unit by an
eligible entity satisfies the requirements specified in
subparagraphs (A) and (B) of paragraph (1), such entity may
submit such application directly to the State.
``SEC. 245. ELIGIBILITY OF ENTITIES.
``(a) Eligibility.--Subject to subsections (b) and except
as provided in subsection (c), to be eligible to receive a
grant under section 244, a community-based organization,
local juvenile justice system officials (including
prosecutors, police officers, judges, probation officers,
parole officers, and public defenders), local education
authority (as defined in section 14101 of the Elementary and
Secondary Education Act of 1965 and including a school within
such authority), nonprofit private organization, unit of
general local government, or social service provider, and or
other entity with a demonstrated history of involvement in
the prevention of juvenile delinquency, shall submit to a
unit of general local government an application that contains
the following:
``(1) An assurance that such applicant will use such grant,
and each such grant received for the subsequent fiscal year,
to carry out throughout a 2-year period a project or activity
described in reasonable detail, and of a kind described in
one or more of paragraphs (1) through (14) of section 241 as
specified in, such application.
``(2) A statement of the particular goals such project or
activity is designed to achieve, and the methods such entity
will use to achieve, and assess the achievement of, each of
such goals.
``(3) A statement identifying the research (if any) such
entity relied on in preparing such application.
``(b) Review and Submission of Applications.--Except as
provided in subsection (c), an entity shall not be eligible
to receive a grant under section 244 unless--
``(1) such entity submits to a unit of general local
government an application that--
``(A) satisfies the requirements specified in subsection
(a); and
``(B) describes a project or activity to be carried out in
the geographical area under the jurisdiction of such unit;
and
``(2) such unit determines that such project or activity is
consistent with a current plan formulated by such unit for
the purpose of preventing, and reducing the rate of, juvenile
delinquency in the geographical area under the jurisdiction
of such unit.
``(c) Limitation.--If an entity that receives a grant under
section 244 to carry out a project or activity for a 2-year
period, and receives technical assistance from the State or
the Administrator after requesting such technical assistance
(if any), fails to demonstrate, before the expiration of such
2-year period, that such project or such activity has
achieved substantial success in achieving the goals specified
in the application submitted by such entity to receive such
grants, then such entity shall not be eligible to receive any
subsequent grant under such section to continue to carry out
such project or activity.''.
SEC. 111. RESEARCH; EVALUATION; TECHNICAL ASSISTANCE;
TRAINING.
Title II of the Juvenile Justice and Delinquency Prevention
Act of 1974 (42 U.S.C. 5611 et seq.) is amended by inserting
after part C, as added by section 110, the following:
``PART D--RESEARCH; EVALUATION; TECHNICAL ASSISTANCE; TRAINING
``SEC. 251. RESEARCH AND EVALUATION; STATISTICAL ANALYSES;
INFORMATION DISSEMINATION
``(a) Research and Evaluation.--(1) The Administrator may--
``(A) plan and identify, after consultation with the
Director of the National Institute of Justice, the purposes
and goals of all agreements carried out with funds provided
under this subsection; and
``(B) make agreements with the National Institute of
Justice or, subject to the approval of the Assistant Attorney
General for the Office of Justice Programs, with another
Federal agency authorized by law to conduct research or
evaluation in juvenile justice matters, for the purpose of
providing research and evaluation relating to--
``(i) the prevention, reduction, and control of juvenile
delinquency and serious crime committed by juveniles;
``(ii) the link between juvenile delinquency and the
incarceration of members of the families of juveniles;
``(iii) successful efforts to prevent first-time minor
offenders from committing subsequent involvement in serious
crime;
``(iv) successful efforts to prevent recidivism;
``(v) the juvenile justice system;
``(vi) juvenile violence; and
``(vii) other purposes consistent with the purposes of this
title and title I.
``(2) The Administrator shall ensure that an equitable
amount of funds available to carry out paragraph (1)(B) is
used for research and evaluation relating to the prevention
of juvenile delinquency.
``(b) Statistical Analyses..--The Administrator may--
``(1) plan and identify, after consultation with the
Director of the Bureau of Justice Statistics, the purposes
and goals of all agreements carried out with funds provided
under this subsection; and
``(2) make agreements with the Bureau of Justice
Statistics, or subject to the approval of the Assistant
Attorney General for the Office of Justice Programs, with
another Federal agency authorized by law to undertake
statistical work in juvenile justice matters, for the purpose
of providing for the collection, analysis, and dissemination
of statistical data and information relating to juvenile
delinquency and serious crimes committed by juveniles, to the
juvenile justice system, to juvenile violence, and to other
purposes consist with the purposes of this title and title I.
``(c) Competitive Selection Process.--The Administrator
shall use a competitive process, established by rule by the
Administrator, to carry out subsections (a) and (b).
``(d) Implementation of Agreements.--A Federal agency that
makes an agreement under subsections (a)(1)(B) and (b)(2)
with the Administrator may carry out such agreement directly
or by making grants to or contracts with public and private
agencies, institutions, and organizations.
``(e) Information Dissemination.--The Administrator may--
``(1) review reports and data relating to the juvenile
justice system in the United States and in foreign nations
(as appropriate), collect data and information from studies
and research into all aspects of juvenile delinquency
(including the causes, prevention, and treatment of juvenile
delinquency) and serious crimes committed by juveniles;
``(2) establish and operate, directly or by contract, a
clearinghouse and information center for the preparation,
publication, and
[[Page H7732]]
dissemination of information relating to juvenile
delinquency, including State and local prevention and
treatment programs, plans, resources, and training and
technical assistance programs; and
``(3) make grants and contracts with public and private
agencies, institutions, and organizations, for the purpose of
disseminating information to representatives and personnel of
public and private agencies, including practitioners in
juvenile justice, law enforcement, the courts, corrections,
schools, and related services, in the establishment,
implementation, and operation of projects and activities for
which financial assistance is provided under this title.
``SEC. 252. TRAINING AND TECHNICAL ASSISTANCE.
``(a) Training.--The Administrator may--
``(1) develop and carry out projects for the purpose of
training representatives and personnel of public and private
agencies, including practitioners in juvenile justice, law
enforcement, courts, corrections, schools, and related
services, to carry out the purposes specified in section 102;
and
``(2) make grants to and contracts with public and private
agencies, institutions, and organizations for the purpose of
training representatives and personnel of public and private
agencies, including practitioners in juvenile justice, law
enforcement, courts, corrections, schools, and related
services, to carry out the purposes specified in section 102.
``(b) Technical Assistance.--The Administrator may--
``(1) develop and implement projects for the purpose of
providing technical assistance to representatives and
personnel of public and private agencies and organizations,
including practitioners in juvenile justice, law enforcement,
courts, corrections, schools, and related services, in the
establishment, implementation, and operation of programs,
projects, and activities for which financial assistance is
provided under this title; and
``(2) make grants to and contracts with public and private
agencies, institutions, and organizations, for the purpose of
providing technical assistance to representatives and
personnel of public and private agencies, including
practitioners in juvenile justice, law enforcement, courts,
corrections, schools, and related services, in the
establishment, implementation, and operation of programs,
projects, and activities for which financial assistance is
provided under this title.''.
SEC. 112. DEMONSTRATION PROJECTS.
Title II of the Juvenile Justice and Delinquency Prevention
Act of 1974 (42 U.S.C. 5611 et seq.) is amended by inserting
after part D, as added by section 111, the following:
``PART E--DEVELOPING, TESTING, AND DEMONSTRATING PROMISING NEW
INITIATIVES AND PROGRAMS
``SEC. 261. GRANTS AND PROJECTS.
``(a) Authority To Make Grants.--The Administrator may make
grants to and contracts with States, units of general local
government, Indian tribal governments, public and private
agencies, organizations, and individuals, or combinations
thereof, to carry out projects for the development, testing,
and demonstration of promising initiatives and programs for
the prevention, control, or reduction of juvenile
delinquency. The Administrator shall ensure that, to the
extent reasonable and practicable, such grants are made to
achieve an equitable geographical distribution of such
projects throughout the United States.
``(b) Use of Grants.--A grant made under subsection (a) may
be used to pay all or part of the cost of the project for
which such grant is made.
``SEC. 262. GRANTS FOR TECHNICAL ASSISTANCE.
``The Administrator may make grants to and contracts with
public and private agencies, organizations, and individuals
to provide technical assistance to States, units of general
local government, Indian tribal governments, local private
entities or agencies, or any combination thereof, to carry
out the projects for which grants are made under section 261.
``SEC. 263. ELIGIBILITY.
``To be eligible to receive a grant made under this part, a
public or private agency, Indian tribal government,
organization, institution, individual, or combination thereof
shall submit an application to the Administrator at such
time, in such form, and containing such information as the
Administrator may reasonable require by rule.
``SEC. 264. REPORTS.
``Recipients of grants made under this part shall submit to
the Administrator such reports as may be reasonably requested
by the Administrator to describe progress achieved in
carrying the projects for which such grants are made.''.
SEC. 113. AUTHORIZATION OF APPROPRIATIONS.
Section 299 of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5671) is amended--
(1) by striking subsection (e), and
(2) by striking subsections (a), (b), and (c), and
inserting the following:
``(a) Authorization of Appropriations for Title II
(Excluding Parts C and E).--(1) There are authorized to be
appropriated to carry out this title such sums as may be
appropriate for fiscal years 1999, 2000, 2001, and 2002.
``(2) Of such sums as are appropriated for a fiscal year to
carry out this title (other than parts C and E)--
``(A) not more than 5 percent shall be available to carry
out part A;
``(B) not less than 80 percent shall be available to carry
out part B; and
``(C) not more than 15 percent shall be available to carry
out part D.
``(b) Authorization of Appropriations for Part C.--There
are authorized to be appropriated to carry out part C such
sums as may be necessary for fiscal years 1999, 2000, 2001,
and 2002.
``(c) Authorization of Appropriations for Part E.--There
are authorized to be appropriated to carry out part E, and
authorized to remain available until expended, such sums as
may be necessary for fiscal years 1999, 2000, 2001, and
2002.''.
SEC. 114. ADMINISTRATIVE AUTHORITY.
Section 299A of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5672) is amended--
(1) in subsection (d) by striking ``as are consistent with
the purpose of this Act'' and inserting ``only to the extent
necessary to ensure that there is compliance with the
specific requirements of this title or to respond to requests
for clarification and guidance relating to such compliance'',
and
(2) by adding at the end the following:
``(e) If a State requires by law compliance with the
requirements described in paragraphs (11), (12), and (13) of
section 223(a), then for the period such law is in effect in
such State such State shall be rebuttably presumed to satisfy
such requirements.''.
SEC. 115. USE OF FUNDS.
Section 299C of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5674) is amended--
(1) in subsection (a)--
(A) by striking ``may be used for'',
(B) in paragraph (1) by inserting ``may be used for'' after
``(1)'', and
(C) by amending paragraph (2) to read as follows:
``(2) may not be used for the cost of construction of any
facility, except not more than 15 percent of the funds
received under this title by a State for a fiscal year may be
used for the purpose of renovating or replacing juvenile
facilities.'',
(2) by striking subsection (b), and
(3) by redesignating subsection (c) as subsection (b).
SEC. 116. LIMITATION ON USE OF FUNDS.
Part F of title II of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5671 et seq.), as so
redesignated by section 110, is amended adding at the end the
following:
``SEC. 299F. LIMITATION ON USE OF FUNDS.
``None of the funds made available to carry out this title
may be used to advocate for, or support, the unsecured
release of juveniles who are charged with a violent crime.''.
SEC. 117. RULES OF CONSTRUCTION.
Part F of title II of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5671 et seq.), as so
redesignated by section 110 and amended by section 116, is
amended adding at the end the following:
``SEC. 299G. RULES OF CONSTRUCTION.
``Nothing in this title or title I shall be construed--
``(1) to prevent financial assistance from being awarded
through grants under this title to any otherwise eligible
organization; or
``(2) to modify or affect any Federal or State law relating
to collective bargaining rights of employees.''.
SEC. 118. LEASING SURPLUS FEDERAL PROPERTY.
Part F of title II of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5671 et seq.), as so
redesignated by section 110 and amended by section 117, is
amended adding at the end the following:
``SEC. 299H. LEASING SURPLUS FEDERAL PROPERTY.
``The Administrator may receive surplus Federal property
(including facilities) and may lease such property to States
and units of general local government for use in or as
facilities for juvenile offenders, or for use in or as
facilities for delinquency prevention and treatment
activities.''.
SEC. 119. ISSUANCE OF RULES.
Part F of title II or the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5671 et seq.), as so
redesignated by section 110 and amended by section 118, is
amended adding at the end the following:
``SEC. 299I. ISSUANCE OF RULES.
``The Administrator shall issue rules to carry out this
title, including rules that establish procedures and methods
for making grants and contracts, and distributing funds
available, to carry out this title.''.
SEC. 120. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Technical Amendments.--The Juvenile Justice and
Delinquency Prevention Act of 1974 (42 U.S.C. 5601 et seq.)
is amended--
(1) in section 202(b) by striking ``prescribed for GS-18 of
the General Schedule by section 5332'' and inserting
``payable under section 5376'',
(2) in section 221(b)(2) by striking the last sentence,
(3) in section 299D by striking subsection (d), and
(4) by striking titles IV and V, as originally enacted by
Public Law 93-415 (88 Stat. 1132-1143).
(b) Conforming Amendments.--(1) Section 5315 of title 5 of
the United States Code is amended by striking ``Office of
Juvenile Justice and Delinquency Prevention'' and inserting
``Office of Juvenile Crime Control and Delinquency
Prevention''.
[[Page H7733]]
(2) Section 4351(b) of title 18 of the United States Code
is amended by striking ``Office of Juvenile Justice and
Delinquency Prevention'' and inserting ``Office of Juvenile
Crime Control and Delinquency Prevention''.
(3) Subsections (a)(1) and (c) of section 3220 of title 39
of the United States Code is amended by striking ``Office of
Juvenile Justice and Delinquency Prevention'' each place it
appears and inserting ``Office of Juvenile Crime Control and
Delinquency Prevention''.
(4) Section 463(f) of the Social Security Act (42 U.S.C.
663(f)) is amended by striking ``Office of Juvenile Justice
and Delinquency Prevention'' and inserting ``Office of
Juvenile Crime Control and Delinquency Prevention''.
(5) Sections 801(a), 804, 805, and 813 of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3712(a), 3782, 3785, 3786, 3789i) are amended by striking
``Office of Juvenile Justice and Delinquency Prevention''
each place it appears and inserting ``Office of Juvenile
Crime Control and Delinquency Prevention''.
(6) The Victims of Child Abuse Act of 1990 (42 U.S.C. 13001
et seq.) is amended--
(A) in section 214(b(1) by striking ``262, 293, and 296 of
subpart II of title II'' and inserting ``299B and 299E'',
(B) in section 214A(c)(1) by striking ``262, 293, and 296
of subpart II of title II'' and inserting ``299B and 299E'',
(C) in sections 217 and 222 by striking ``Office of
Juvenile Justice and Delinquency Prevention'' each place it
appears and inserting ``Office of Juvenile Crime Control and
Delinquency Prevention'', and
(D) in section 223(c) by striking ``section 262, 293, and
296'' and inserting ``sections 262, 299B, and 299E''.
(7) The Missing Children's Assistance Act (42 U.S.C. 5771
et seq.) is amended--
(A) in section 403(2) by striking ``Justice and Delinquency
Prevention'' and inserting ``Crime Control and Delinquency
Prevention'', and
(B) in subsections (a)(5)(E) and (b)(1)(B) of section 404
by striking ``section 313'' and inserting ``section 331''.
(8) The Crime Control Act of 1990 (42 U.S.C. 13001 et seq.)
is amended--
(A) in section 217(c)(1) by striking ``sections 262, 293,
and 296 of subpart II of title II'' and inserting ``sections
299B and 299E'', and
(B) in section 223(c) by striking ``section 262, 293, and
296 of title II'' and inserting ``sections 299B and 299E''.
SEC. 121. REFERENCES.
In any Federal law (excluding this Act and the Acts amended
by this Act), Executive order, rule, regulation, order,
delegation of authority, grant, contract, suit, or document--
(1) a reference to the Office of Juvenile Justice and
Delinquency Prevention shall be deemed to include a reference
to the Office of Juvenile Crime Control and Delinquency
Prevention, and
(2) a reference to the National Institute for Juvenile
Justice and Delinquency Prevention shall be deemed to include
a reference to Office of Juvenile Crime Control and
Delinquency Prevention.
TITLE II--AMENDMENTS TO THE RUNAWAY AND HOMELESS YOUTH ACT
SEC. 201. FINDINGS.
Section 302 of the Runaway and Homeless Youth Act (42
U.S.C. 5701) is amended--
(1) in paragraph (5) by striking ``accurate reporting of
the problem nationally'' and inserting ``an accurate national
reporting system to report the problem,'', and
(2) by amending paragraph (8) to read as follows:
``(8) services for runaway and homeless youth are needed in
urban, suburban and rural areas;''.
SEC. 202. AUTHORITY TO MAKE GRANTS FOR CENTERS AND SERVICES.
Section 311 of the Runaway and Homeless Youth Act (42
U.S.C. 5711) is amended--
(1) by amending subsection (a) to read as follows:
``(a)(1) The Secretary shall make grants to public and
nonprofit private entities (and combinations of such
entities) to establish and operate (including renovation)
local centers to provide services for runaway and homeless
youth and for the families of such youth.
``(2) Such services--
``(A) shall be provided as an alternative to involving
runaway and homeless youth in the law enforcement, child
welfare, mental health, and juvenile justice systems;
``(B) shall include--
``(i) safe and appropriate shelter; and
``(ii) individual, family, and group counseling, as
appropriate; and
``(C) may include--
``(i) street-based services;
``(ii) home-based services for families with youth at risk
of separation from the family; and
``(iii) drug abuse education and prevention services.'',
(2) in subsection (b)--
(A) in paragraph (2) by striking ``the Trust Territory of
the Pacific Islands,'', and
(B) by striking paragraph (4), and
(3) by striking subsections (c) and (d).
SEC. 203. ELIGIBILITY.
Section 312 of the Runaway and Homeless Youth Act (42
U.S.C. 5712) is amended--
(1) in subsection (b)--
(A) in paragraph (8) by striking ``paragraph (6)'' and
inserting ``paragraph (7)'',
(B) in paragraph (10) by striking ``and'' at the end,
(C) in paragraph (11) by striking the period at the end and
inserting ``; and'', and
(D) by adding at the end the following:
``(12) shall submit to the Secretary an annual report that
includes--
``(A) information regarding the activities carried out
under this part;
``(B) the achievements of the project under this part
carried out by the applicant; and
``(C) statistical summaries describing--
``(i) the number and the characteristics of the runaway and
homeless youth, and youth at risk of family separation, who
participate in the project; and
``(ii) the services provided to such youth by the project;
in the year for which the report is submitted.'', and
(2) by striking subsections (c) and (d) and inserting the
following:
``(c) To be eligible to use assistance under section
311(a)(2)(C)(i) to provide street-based services, the
applicant shall include in the plan required by subsection
(b) assurances that in providing such services the applicant
will--
``(1) provide qualified supervision of staff, including on-
street supervision by appropriately trained staff;
``(2) provide backup personnel for on-street staff;
``(3) provide initial and periodic training of staff who
provide such services; and
``(4) conduct outreach activities for runaway and homeless
youth, and street youth.
``(d) To be eligible to use assistance under section 311(a)
to provide home-based services described in section
311(a)(2)(C)(ii), an applicant shall include in the plan
required by subsection (b) assurances that in providing such
services the applicant will--
``(1) provide counseling and information to youth and the
families (including unrelated individuals in the family
households) of such youth, including services relating to
basic life skills, interpersonal skill building, educational
advancement, job attainment skills, mental and physical
health care, parenting skills, financial planning, and
referral to sources of other needed services;
``(2) provide directly, or through an arrangement made by
the applicant, 24-hour service to respond to family crises
(including immediate access to temporary shelter for runaway
and homeless youth, and youth at risk of separation from the
family);
``(3) establish, in partnership with the families of
runaway and homeless youth, and youth at risk of separation
from the family, objectives and measures of success to be
achieved as a result of receiving home-based services;
``(4) provide initial and periodic training of staff who
provide home-based services; and
``(5) ensure that--
``(A) caseloads will remain sufficiently low to allow for
intensive (5 to 20 hours per week) involvement with each
family receiving such services; and
``(B) staff providing such services will receive qualified
supervision.
``(e) To be eligible to use assistance under section
311(a)(2)(C)(iii) to provide drug abuse education and
prevention services, an applicant shall include in the plan
required by subsection (b)--
``(1) a description of--
``(A) the types of such services that the applicant
proposes to provide;
``(B) the objectives of such services; and
``(C) the types of information and training to be provided
to individuals providing such services to runaway and
homeless youth; and
``(2) an assurance that in providing such services the
applicant shall conduct outreach activities for runaway and
homeless youth.''.
SEC. 204. APPROVAL OF APPLICATIONS.
Section 313 of the Runaway and Homeless Youth Act (42
U.S.C. 5713) is amended to read as follows:
``approval of applications
``Sec. 313. (a) An application by a public or private
entity for a grant under section 311(a) may be approved by
the Secretary after taking into consideration, with respect
to the State in which such entity proposes to provide
services under this part--
``(1) the geographical distribution in such State of the
proposed services under this part for which all grant
applicants request approval; and
``(2) which areas of such State have the greatest need for
such services.
``(b) The Secretary shall, in considering applications for
grants under section 311(a), give priority to--
``(1) eligible applicants who have demonstrated experience
in providing services to runaway and homeless youth; and
``(2) eligible applicants that request grants of less than
$200,000.''.
SEC. 205. AUTHORITY FOR TRANSITIONAL LIVING GRANT PROGRAM.
Section 321 of the Runaway and Homeless Youth Act (42
U.S.C. 5714-1) is amended--
(1) in the heading by striking ``purpose and'',
(2) in subsection (a) by striking ``(a)'', and
(3) by striking subsection (b).
SEC. 206. ELIGIBILITY.
Section 322(a)(9) of the Runaway and Homeless Youth Act (42
U.S.C. 5714-2(a)(9)) is amended by inserting ``, and the
services provided to such youth by such project,'' after
``such project''.
SEC. 207. AUTHORITY TO MAKE GRANTS FOR RESEARCH, EVALUATION,
DEMONSTRATION, AND SERVICE PROJECTS.
Section 343 of the Runaway and Homeless Youth Act (42
U.S.C. 5714-23) is amended--
(1) in the heading of such section by inserting
``evaluation,'' after ``research,'',
[[Page H7734]]
(2) in subsection (a) by inserting ``evaluation,'' after
``research,'', and
(3) in subsection (b)--
(A) by striking paragraph (2), and
(B) by redesignating paragraphs (3) through (10) as
paragraphs (2) through (9), respectively.
SEC. 208. TEMPORARY DEMONSTRATION PROJECTS TO PROVIDE
SERVICES TO YOUTH IN RURAL AREAS.
Section 344 of the Runaway and Homeless Youth Act (42
U.S.C. 5714-24) is repealed.
SEC. 209. SEXUAL ABUSE PREVENTION PROGRAM.
Section 40155 of the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103-322; 108 Stat. 1922)
is amended to read as follows:
``SEC. 40155. EDUCATION AND PREVENTION GRANTS TO REDUCE
SEXUAL ABUSE OF RUNAWAY, HOMELESS, AND STREET
YOUTH.
``(a) Authority for Program.--The Runaway and Homeless
Youth Act (42 U.S.C. 5701 et seq.) is amended--
``(1) by striking the heading for part F,
``(2) by redesignating part E as part F, and
``(3) by inserting after part D the following:
`` `PART E--SEXUAL ABUSE PREVENTION PROGRAM
`` `SEC. 351. AUTHORITY TO MAKE GRANTS.
`` `(a) The Secretary may make grants to nonprofit private
agencies for the purpose of providing street-based services
to runaway and homeless, and street youth, who have been
subjected to, or are at risk of being subjected to, sexual
abuse.
`` `(b) In selecting applicants to receive grants under
subsection (a), the Secretary shall give priority to non-
profit private agencies that have experience in providing
services to runaway and homeless, and street youth.'.
``(b) Authorization of Appropriations.--Section 389(a) of
the Runaway and Homeless Youth Act (42 U.S.C. 5751), as
amended by section 213 of the Juvenile Crime Control and
Delinquency Prevention Act of 1998, is amended by adding at
the end the following:
`` `(4) There are authorized to be appropriated to carry
out part E such sums as may be necessary for fiscal years
1999, 2000, 2001, and 2002.' ''.
SEC. 210. ASSISTANCE TO POTENTIAL GRANTEES.
Section 371 of the Runaway and Homeless Youth Act (42
U.S.C. 5714a) is amended by striking the last sentence.
SEC. 211. REPORTS.
Section 381 of the Runaway and Homeless Youth Act (42
U.S.C. 5715) is amended to read as follows:
``reports
``Sec. 381. (a) Not later than April 1, 1999, and at 2-year
intervals thereafter, the Secretary shall submit, to the
Committee on Education and the Workforce of the House of
Representatives and the Committee on the Judiciary of the
Senate, a report on the status, activities, and
accomplishments of entities that receive grants under parts
A, B, C, D, and E, with particular attention to--
``(1) in the case of centers funded under part A, the
ability or effectiveness of such centers in--
``(A) alleviating the problems of runaway and homeless
youth;
``(B) if applicable or appropriate, reuniting such youth
with their families and encouraging the resolution of
intrafamily problems through counseling and other services;
``(C) strengthening family relationships and encouraging
stable living conditions for such youth; and
``(D) assisting such youth to decide upon a future course
of action; and
``(2) in the case of projects funded under part B--
``(A) the number and characteristics of homeless youth
served by such projects;
``(B) the types of activities carried out by such projects;
``(C) the effectiveness of such projects in alleviating the
problems of homeless youth;
``(D) the effectiveness of such projects in preparing
homeless youth for self-sufficiency;
``(E) the effectiveness of such projects in assisting
homeless youth to decide upon future education, employment,
and independent living;
``(F) the ability of such projects to encourage the
resolution of intrafamily problems through counseling and
development of self-sufficient living skills; and
``(G) activities and programs planned by such projects for
the following fiscal year.
``(b) The Secretary shall include in the report required by
subsection (a) summaries of--
``(1) the evaluations performed by the Secretary under
section 386; and
``(2) descriptions of the qualifications of, and training
provided to, individuals involved in carrying out such
evaluations.''.
SEC. 212. EVALUATION.
Section 384 of the Runaway and Homeless Youth Act (42
U.S.C. 5732) is amended to read as follows:
``evaluation and information
``Sec. 384. (a) If a grantee receives grants for 3
consecutive fiscal years under part A, B, C, D, or E (in the
alternative), then the Secretary shall evaluate such grantee
on-site, not less frequently than once in the period of such
3 consecutive fiscal years, for purposes of--
``(1) determining whether such grants are being used for
the purposes for which such grants are made by the Secretary;
``(2) collecting additional information for the report
required by section 383; and
``(3) providing such information and assistance to such
grantee as will enable such grantee to improve the operation
of the centers, projects, and activities for which such
grants are made.
``(b) Recipients of grants under this title shall cooperate
with the Secretary's efforts to carry out evaluations, and to
collect information, under this title.''.
SEC. 213. AUTHORIZATION OF APPROPRIATIONS.
Section 385 of the Runaway and Homeless Youth Act (42
U.S.C. 5751) is amended to read as follows:
``authorization of appropriations
``Sec. 389. (a)(1) There are authorized to be appropriated
to carry out this title (other than part E) such sums as may
be necessary for fiscal years 1999, 2000, 2001, and 2002.
``(2)(A) From the amount appropriated under paragraph (1)
for a fiscal year, the Secretary shall reserve not less than
90 percent to carry out parts A and B.
``(B) Of the amount reserved under subparagraph (A), not
less than 20 percent, and not more than 30 percent, shall be
reserved to carry out part B.
``(3) After reserving the amounts required by paragraph
(2), the Secretary shall reserve the remaining amount (if
any) to carry out parts C and D.
``(b) No funds appropriated to carry out this title may be
combined with funds appropriated under any other Act if the
purpose of combining such funds is to make a single
discretionary grant, or a single discretionary payment,
unless such funds are separately identified in all grants and
contracts and are used for the purposes specified in this
title.''.
SEC. 214. CONSOLIDATED REVIEW OF APPLICATIONS.
The Runaway and Homeless Youth Act (42 U.S.C. 5701 et seq.)
is amended by inserting after section 384 the following:
``consolidated review of applications
``Sec. 385. With respect to funds available to carry out
parts A, B, C, D, and E, nothing in this title shall be
construed to prohibit the Secretary from--
``(1) announcing, in a single announcement, the
availability of funds for grants under 2 or more of such
parts; and
``(2) reviewing applications for grants under 2 or more of
such parts in a single, consolidated application review
process.''.
SEC. 215. DEFINITIONS.
The Runaway and Homeless Youth Act (42 U.S.C. 5701 et seq.)
is amended by inserting after section 385, as added by
section 214, the following:
``definitions
``Sec. 386. For the purposes of this title:
``(1) The term `drug abuse education and prevention
services'--
``(A) means services to runaway and homeless youth to
prevent or reduce the illicit use of drugs by such youth; and
``(B) may include--
``(i) individual, family, group, and peer counseling;
``(ii) drop-in services;
``(iii) assistance to runaway and homeless youth in rural
areas (including the development of community support
groups);
``(iv) information and training relating to the illicit use
of drugs by runaway and homeless youth, to individuals
involved in providing services to such youth; and
``(v) activities to improve the availability of local drug
abuse prevention services to runaway and homeless youth.
``(2) The term `home-based services'--
``(A) means services provided to youth and their families
for the purpose of--
``(i) preventing such youth from running away, or otherwise
becoming separated, from their families; and
``(ii) assisting runaway youth to return to their families;
and
``(B) includes services that are provided in the residences
of families (to the extent practicable), including--
``(i) intensive individual and family counseling; and
``(ii) training relating to life skills and parenting.
``(3) The term `homeless youth' means an individual--
``(A) who is--
``(i) not more than 21 years of age; and
``(ii) for the purposes of part B, not less than 16 years
of age;
``(B) for whom it is not possible to live in a safe
environment with a relative; and
``(C) who has no other safe alternative living arrangement.
``(4) The term `street-based services'--
``(A) means services provided to runaway and homeless
youth, and street youth, in areas where they congregate,
designed to assist such youth in making healthy personal
choices regarding where they live and how they behave; and
``(B) may include--
``(i) identification of and outreach to runaway and
homeless youth, and street youth;
``(ii) crisis intervention and counseling;
``(iii) information and referral for housing;
``(iv) information and referral for transitional living and
health care services;
``(v) advocacy, education, and prevention services related
to--
``(I) alcohol and drug abuse;
``(II) sexually transmitted diseases, including human
immunodeficiency virus (HIV); and
``(III) physical and sexual assault.
``(5) The term `street youth' means an individual who--
``(A) is--
``(i) a runaway youth; or
[[Page H7735]]
``(ii) indefinitely or intermittently a homeless youth; and
``(B) spends a significant amount of time on the street or
in other areas which increase the exposure of such youth to
sexual abuse.
``(6) The term `transitional living youth project' means a
project that provides shelter and services designed to
promote a transition to self-sufficient living and to prevent
long-term dependency on social services.
``(7) The term `youth at risk of separation from the
family' means an individual--
``(A) who is less than 18 years of age; and
``(B)(i) who has a history of running away from the family
of such individual;
``(ii) whose parent, guardian, or custodian is not willing
to provide for the basic needs of such individual; or
``(iii) who is at risk of entering the child welfare system
or juvenile justice system as a result of the lack of
services available to the family to meet such needs.''.
SEC. 216. REDESIGNATION OF SECTIONS.
Sections 371, 372, 381, 382, 383, 384, 385, and 386 of the
Runaway and Homeless Youth Act (42 U.S.C. 5714b-5851 et
seq.), as amended by this title, are redesignated as sections
381, 382, 383, 384, 385, 386, 387, and 388, respectively.
SEC. 217. TECHNICAL AMENDMENT.
Section 331 of the Runaway and Homeless Youth Act (42
U.S.C. 5701 et seq.) is amended in the 1st sentence by
striking ``With'' and all that follows through ``the
Secretary'', and inserting ``The Secretary''.
TITLE III--REPEAL OF TITLE V RELATING TO INCENTIVE GRANTS FOR LOCAL
DELINQUENCY PREVENTION PROGRAMS
SEC. 301. REPEALER.
Title V of the Juvenile Justice and Delinquency Prevention
Act of 1974 (42 U.S.C. 5681 et seq.), as added by Public Law
102-586, is repealed.
TITLE IV--MISCELLANEOUS AMENDMENTS
SEC. 401. NATIONAL RESOURCE CENTER AND CLEARINGHOUSE FOR
MISSING CHILDREN.
(a) Alternative Authorization of Appropriations.--There is
authorized to be appropriated to The National Center for
Missing and Exploited Children, a nonprofit corporation
organized under the laws of the District of Columbia,
$5,000,000 for each of the fiscal years 1999, 2000, 2001, and
2002 to operate a national resource center and clearinghouse
designed--
(1) to provide to State and local governments, public and
private nonprofit agencies, and individuals information
regarding--
(A) free or low-cost legal, restaurant, lodging, and
transportation services that are available for the benefit of
missing children and their families, and
(B) the existence and nature of programs being carried out
by Federal agencies to assist missing children and their
families,
(2) to coordinate public and private programs which locate,
recover, or reunite missing children with their legal
custodians,
(3) to disseminate nationally information about innovative
and model missing children's programs, services, and
legislation, and
(4) to provide technical assistance and training to law
enforcement agencies, State and local governments, elements
of the criminal justice system, public and private nonprofit
agencies, and individuals in the prevention, investigation,
prosecution, and treatment of missing and exploited child
cases and in locating and recovering missing children.
(b) Conforming Amendments.--Section 404(b) of the Missing
Children's Assistance Act (42 U.S.C. 5773(b)) is amended--
(1) by striking ``, shall'',
(2) in paragraph (1)--
(A) in subparagraph (A) by inserting ``shall'' after
``(A)'', and
(B) in subparagraph (B) by striking ``coordinating'' and
inserting ``shall coordinate'',
(3) in paragraph (2) by inserting ``for any fiscal year for
which no funds are appropriated under section 2 of the
Missing and Exploited Children Act of 1997, shall'' after
``(2)'',
(4) in paragraph (3) by inserting ``shall'' after ``(3)'',
and
(5) in paragraph (4) by inserting ``shall'' after ``(4)''.
TITLE V--REFORMING THE FEDERAL JUVENILE JUSTICE SYSTEM
SEC. 501. DELINQUENCY PROCEEDINGS OR CRIMINAL PROSECUTIONS IN
DISTRICT COURTS.
Section 5032 of title 18, United States Code, is amended to
read as follows:
``Sec. 5032. Delinquency proceedings or criminal prosecutions
in district courts
``(a)(1) A juvenile alleged to have committed an offense
against the United States or an act of juvenile delinquency
may be surrendered to State authorities, but if not so
surrendered, shall be proceeded against as a juvenile under
this subsection or tried as an adult in the circumstances
described in subsections (b) and (c).
``(2) A juvenile may be proceeded against as a juvenile in
a court of the United States under this subsection if--
``(A) the alleged offense or act of juvenile delinquency is
committed within the special maritime and territorial
jurisdiction of the United States and is one for which the
maximum authorized term of imprisonment does not exceed 6
months; or
``(B) the Attorney General, after investigation, certifies
to the appropriate United States district court that--
``(i) the juvenile court or other appropriate court of a
State does not have jurisdiction or declines to assume
jurisdiction over the juvenile with respect to the alleged
act of juvenile delinquency, and
``(ii) there is a substantial Federal interest in the case
or the offense to warrant the exercise of Federal
jurisdiction.
``(3) If the Attorney General does not so certify or does
not have authority to try such juvenile as an adult, such
juvenile shall be surrendered to the appropriate legal
authorities of such State.
``(4) If a juvenile alleged to have committed an act of
juvenile delinquency is proceeded against as a juvenile under
this section, any proceedings against the juvenile shall be
in an appropriate district court of the United States. For
such purposes, the court may be convened at any time and
place within the district, and shall be open to the public,
except that the court may exclude all or some members of the
public, other than a victim unless the victim is a witness in
the determination of guilt or innocence, if required by the
interests of justice or if other good cause is shown. The
Attorney General shall proceed by information or as
authorized by section 3401(g) of this title, and no criminal
prosecution shall be instituted except as provided in this
chapter.
``(b)(1) Except as provided in paragraph (2), a juvenile
shall be prosecuted as an adult--
``(A) if the juvenile has requested in writing upon advice
of counsel to be prosecuted as an adult; or
``(B) if the juvenile is alleged to have committed an act
after the juvenile attains the age of 14 years which if
committed by an adult would be a serious violent felony or a
serious drug offense described in section 3559(c) of this
title, or a conspiracy or attempt to commit that felony or
offense, which is punishable under section 406 of the
Controlled Substances Act (21 U.S.C. 846), or section 1013 of
the Controlled Substances Import and Export Act (21 U.S.C.
963).
``(2) The requirements of paragraph (1) do not apply if the
Attorney General certifies to the appropriate United States
district court that the interests of justice are best served
by proceeding against the juvenile as a juvenile.
``(c)(1) A juvenile may also be prosecuted as an adult if
the juvenile is alleged to have committed an act after the
juvenile has attained the age of 13 years which if committed
by a juvenile after the juvenile attained the age of 14 years
would require that the juvenile be prosecuted as an adult
under subsection (b), upon approval of the Attorney General.
``(2) The Attorney General shall not delegate the authority
to give the approval required under paragraph (1) to an
officer or employee of the Department of Justice at a level
lower than a Deputy Assistant Attorney General.
``(3) Such approval shall not be granted, with respect to
such a juvenile who is subject to the criminal jurisdiction
of an Indian tribal government and who is alleged to have
committed an act over which, if committed by an adult, there
would be Federal jurisdiction based solely on its commission
in Indian country (as defined in section 1151), unless the
governing body of the tribe having jurisdiction over the
place in which the alleged act was committed has before such
act notified the Attorney General in writing of its election
that prosecution may take place under this subsection.
``(4) A juvenile may also be prosecuted as an adult if the
juvenile is alleged to have committed an act which is not
described in subsection (b)(1)(B) after the juvenile has
attained the age of 14 years and which if committed by an
adult would be--
``(A) a crime of violence (as defined in section
3156(a)(4)) that is a felony;
``(B) an offense described in section 844 (d), (k), or (l),
or subsection (a)(6), (b), (g), (h), (j), (k), or (l) of
section 924;
``(C) a violation of section 922(o) that is an offense
under section 924(a)(2);
``(D) a violation of section 5861 of the Internal Revenue
Code of 1986 that is an offense under section 5871 of such
Code (26 U.S.C. 5871);
``(E) a conspiracy to commit an offense described in any of
subparagraphs (A) through (D); or
``(F) an offense described in section 401 or 408 of the
Controlled Substances Act (21 U.S.C. 841, 848) or a
conspiracy or attempt to commit that offense which is
punishable under section 406 of the Controlled Substances Act
(21 U.S.C. 846), or an offense punishable under section 409
or 419 of the Controlled Substances Act (21 U.S.C. 849, 860),
or an offense described in section 1002, 1003, 1005, or 1009
of the Controlled Substances Import and Export Act (21 U.S.C.
952, 953, 955, or 959), or a conspiracy or attempt to commit
that offense which is punishable under section 1013 of the
Controlled Substances Import and Export Act (21 U.S.C. 963).
``(d) A determination to approve or not to approve, or to
institute or not to institute, a prosecution under subsection
(b) or (c), and a determination to file or not to file, and
the contents of, a certification under subsection (a) or (b)
shall not be reviewable in any court.
``(e) In a prosecution under subsection (b) or (c), the
juvenile may be prosecuted and convicted as an adult for any
other offense which is properly joined under the Federal
Rules of Criminal Procedure, and may also be convicted of a
lesser included offense.
[[Page H7736]]
``(f) The Attorney General shall annually report to
Congress--
``(1) the number of juveniles adjudicated delinquent or
tried as adults in Federal court;
``(2) the race, ethnicity, and gender of those juveniles;
``(3) the number of those juveniles who were abused or
neglected by their families, to the extent such information
is available; and
``(4) the number and types of assault crimes, such as rapes
and beatings, committed against juveniles while incarcerated
in connection with the adjudication or conviction.
``(g) As used in this section--
``(1) the term `State' includes a State of the United
States, the District of Columbia, any commonwealth,
territory, or possession of the United States and, with
regard to an act of juvenile delinquency that would have been
a misdemeanor if committed by an adult, a federally
recognized tribe; and
``(2) the term `serious violent felony' has the same
meaning given that term in section 3559(c)(2)(F)(i).''.
SEC. 502. CUSTODY PRIOR TO APPEARANCE BEFORE JUDICIAL
OFFICER.
Section 5033 of title 18, United States Code, is amended to
read as follows:
``Sec. 5033. Custody prior to appearance before judicial
officer
``(a) Whenever a juvenile is taken into custody, the
arresting officer shall immediately advise such juvenile of
the juvenile's rights, in language comprehensible to a
juvenile. The arresting officer shall promptly take
reasonable steps to notify the juvenile's parents, guardian,
or custodian of such custody, of the rights of the juvenile,
and of the nature of the alleged offense.
``(b) The juvenile shall be taken before a judicial officer
without unreasonable delay.''.
SEC. 503. TECHNICAL AND CONFORMING AMENDMENTS TO SECTION
5034.
Section 5034 of title 18, United States Code, is amended--
(1) by striking ``The'' each place it appears at the
beginning of a paragraph and inserting ``the'';
(2) by striking ``If'' at the beginning of the 3rd
paragraph and inserting ``if'';
(3)(A) by designating the 3 paragraphs as paragraphs (1),
(2), and (3), respectively; and
(B) by moving such designated paragraphs 2 ems to the
right; and
(4) by inserting at the beginning of such section before
those paragraphs the following:
``In a proceeding under section 5032(a)--''.
SEC. 504. DETENTION PRIOR TO DISPOSITION OR SENTENCING.
Section 5035 of title 18, United States Code, is amended to
read as follows:
``Sec. 5035. Detention prior to disposition or sentencing
``(a)(1) A juvenile who has attained the age of 16 years
and who is prosecuted pursuant to subsection (b) or (c) of
section 5032, if detained at any time prior to sentencing,
shall be detained in such suitable place as the Attorney
General may designate. Preference shall be given to a place
located within, or within a reasonable distance of, the
district in which the juvenile is being prosecuted.
``(2) A juvenile less than 16 years of age prosecuted
pursuant to subsection (b) or (c) of section 5032, if
detained at any time prior to sentencing, shall be detained
in a suitable juvenile facility located within, or within a
reasonable distance of, the district in which the juvenile is
being prosecuted. If such a facility is not available, such a
juvenile may be detained in any other suitable facility
located within, or within a reasonable distance of, such
district. If no such facility is available, such a juvenile
may be detained in any other suitable place as the Attorney
General may designate.
``(3) To the maximum extent feasible, a juvenile less than
16 years of age prosecuted pursuant to subsection (b) or (c)
of section 5032 shall not be detained prior to sentencing in
any facility in which the juvenile has regular contact with
adult persons convicted of a crime or awaiting trial on
criminal charges.
``(b) A juvenile proceeded against under section 5032 shall
not be detained prior to disposition in any facility in which
the juvenile has regular contact with adult persons convicted
of a crime or awaiting trial on criminal charges.
``(c) Every juvenile who is detained prior to disposition
or sentencing shall be provided with reasonable safety and
security and with adequate food, heat, light, sanitary
facilities, bedding, clothing, recreation, education, and
medical care, including necessary psychiatric, psychological,
or other care and treatment.''.
SEC. 505. SPEEDY TRIAL.
Section 5036 of title 18, United States Code, is amended
by--
(1) striking ``If an alleged delinquent'' and inserting
``If a juvenile proceeded against under section 5032(a)'';
(2) striking ``thirty'' and inserting ``45''; and
(3) striking ``the court,'' and all that follows through
the end of the section and inserting ``the court. The periods
of exclusion under section 3161(h) of this title shall apply
to this section.''.
SEC. 506. DISPOSITION; AVAILABILITY OF INCREASED DETENTION,
FINES AND SUPERVISED RELEASE FOR JUVENILE
OFFENDERS.
(a) Disposition.--Section 5037 of title 18, United States
Code, is amended to read as follows:
``Sec. 5037. Disposition
``(a) In a proceeding under section 5032(a), if the court
finds a juvenile to be a juvenile delinquent, the court shall
hold a hearing concerning the appropriate disposition of the
juvenile no later than 40 court days after the finding of
juvenile delinquency, unless the court has ordered further
study pursuant to subsection (e). A predisposition report
shall be prepared by the probation officer who shall promptly
provide a copy to the juvenile, the juvenile's counsel, and
the attorney for the Government. Victim impact information
shall be included in the report, and victims, or in
appropriate cases their official representatives, shall be
provided the opportunity to make a statement to the court in
person or present any information in relation to the
disposition. After the dispositional hearing, and after
considering the sanctions recommended pursuant to subsection
(f), the court shall impose an appropriate sanction,
including the ordering of restitution pursuant to section
3556 of this title. The court may order the juvenile's
parent, guardian, or custodian to be present at the
dispositional hearing and the imposition of sanctions and may
issue orders directed to such parent, guardian, custodian
regarding conduct with respect to the juvenile. With respect
to release or detention pending an appeal or a petition for a
writ of certiorari after disposition, the court shall proceed
pursuant to chapter 207.
``(b) The term for which probation may be ordered for a
juvenile found to be a juvenile delinquent may not extend
beyond the maximum term that would be authorized by section
3561(c) if the juvenile had been tried and convicted as an
adult. Sections 3563, 3564, and 3565 are applicable to an
order placing a juvenile on probation.
``(c) The term for which official detention may be ordered
for a juvenile found to be a juvenile delinquent may not
extend beyond the lesser of--
``(1) the maximum term of imprisonment that would be
authorized if the juvenile had been tried and convicted as an
adult;
``(2) ten years; or
``(3) the date when the juvenile becomes twenty-six years
old.
Section 3624 is applicable to an order placing a juvenile in
detention.
``(d) The term for which supervised release may be ordered
for a juvenile found to be a juvenile delinquent may not
extend beyond 5 years. Subsections (c) through (i) of section
3583 apply to an order placing a juvenile on supervised
release.
``(e) If the court desires more detailed information
concerning a juvenile alleged to have committed an act of
juvenile delinquency or a juvenile adjudicated delinquent, it
may commit the juvenile, after notice and hearing at which
the juvenile is represented by counsel, to the custody of the
Attorney General for observation and study by an appropriate
agency or entity. Such observation and study shall be
conducted on an outpatient basis, unless the court determines
that inpatient observation and study are necessary to obtain
the desired information. In the case of an alleged juvenile
delinquent, inpatient study may be ordered only with the
consent of the juvenile and the juvenile's attorney. The
agency or entity shall make a study of all matters relevant
to the alleged or adjudicated delinquent behavior and the
court's inquiry. The Attorney General shall submit to the
court and the attorneys for the juvenile and the Government
the results of the study within 30 days after the commitment
of the juvenile, unless the court grants additional time.
Time spent in custody under this subsection shall be excluded
for purposes of section 5036.
``(f)(1) The United States Sentencing Commission, in
consultation with the Attorney General, shall develop a list
of possible sanctions for juveniles adjudicated delinquent.
``(2) Such list shall--
``(A) be comprehensive in nature and encompass punishments
of varying levels of severity;
``(B) include terms of confinement; and
``(C) provide punishments that escalate in severity with
each additional or subsequent more serious delinquent
conduct.''.
(b) Effective Date.--The Sentencing Commission shall
develop the list required pursuant to section 5037(f), as
amended by subsection (a), not later than 180 days after the
date of the enactment of this Act.
(c) Conforming Amendment to Adult Sentencing Section.--
Section 3553 of title 18, United States Code, is amended by
adding at the end the following:
``(g) Limitation on Applicability of Statutory Minimums in
Certain Prosecutions of Persons Under the Age of 16.--
Notwithstanding any other provision of law, in the case of a
defendant convicted for conduct that occurred before the
juvenile attained the age of 16 years, the court shall impose
a sentence without regard to any statutory minimum sentence,
if the court finds at sentencing, after affording the
Government an opportunity to make a recommendation, that the
juvenile has not been previously adjudicated delinquent for
or convicted of an offense described in section
5032(b)(1)(B).''.
SEC. 507. JUVENILE RECORDS AND FINGERPRINTING.
Section 5038 of title 18, United States Code, is amended to
read as follows:
``Sec. 5038. Juvenile records and fingerprinting
``(a)(1) Throughout and upon the completion of the juvenile
delinquency proceeding
[[Page H7737]]
under section 5032(a), the court shall keep a record relating
to the arrest and adjudication that is--
``(A) equivalent to the record that would be kept of an
adult arrest and conviction for such an offense; and
``(B) retained for a period of time that is equal to the
period of time records are kept for adult convictions.
``(2) Such records shall be made available for official
purposes, including communications with any victim or, in the
case of a deceased victim, such victim's representative, or
school officials, and to the public to the same extent as
court records regarding the criminal prosecutions of adults
are available.
``(b) The Attorney General shall establish guidelines for
fingerprinting and photographing a juvenile who is the
subject of any proceeding authorized under this chapter. Such
guidelines shall address the availability of pictures of any
juvenile taken into custody but not prosecuted as an adult.
Fingerprints and photographs of a juvenile who is prosecuted
as an adult shall be made available in the manner applicable
to adult offenders.
``(c) Whenever a juvenile has been adjudicated delinquent
for an act that, if committed by an adult, would be a felony
or for a violation of section 924(a)(6), the court shall
transmit to the Federal Bureau of Investigation the
information concerning the adjudication, including name, date
of adjudication, court, offenses, and sentence, along with
the notation that the matter was a juvenile adjudication.
``(d) In addition to any other authorization under this
section for the reporting, retention, disclosure, or
availability of records or information, if the law of the
State in which a Federal juvenile delinquency proceeding
takes place permits or requires the reporting, retention,
disclosure, or availability of records or information
relating to a juvenile or to a juvenile delinquency
proceeding or adjudication in certain circumstances, then
such reporting, retention, disclosure, or availability is
permitted under this section whenever the same circumstances
exist.''.
SEC. 508. TECHNICAL AMENDMENTS OF SECTIONS 5031 AND 5034.
(a) Elimination of Pronouns.--Sections 5031 and 5034 of
title 18, United States Code, are each amended by striking
``his'' each place it appears and inserting ``the
juvenile's''.
(b) Updating of Reference.--Section 5034 of title 18,
United States Code, is amended--
(1) in the heading of such section, by striking
``magistrate'' and inserting ``judicial officer''; and
(2) by striking ``magistrate'' each place it appears and
inserting ``judicial officer''.
SEC. 509. CLERICAL AMENDMENTS TO TABLE OF SECTIONS FOR
CHAPTER 403.
The heading and the table of sections at the beginning of
chapter 403 of title 18, United States Code, is amended to
read as follows:
``CHAPTER 403--JUVENILE DELINQUENCY
``Sec.
``5031. Definitions.
``5032. Delinquency proceedings or criminal prosecutions in district
courts.
``5033. Custody prior to appearance before judicial officer.
``5034. Duties of judicial officer.
``5035. Detention prior to disposition or sentencing.
``5036. Speedy trial.
``5037. Disposition.
``5038. Juvenile records and fingerprinting.
``5039. Commitment.
``5040. Support.
``5041. Repealed.
``5042. Revocation of probation.''.
TITLE VI--APPREHENDING ARMED VIOLENT YOUTH
SEC. 601. ARMED VIOLENT YOUTH APPREHENSION DIRECTIVE.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Attorney General of the United
States shall establish an armed violent youth apprehension
program consistent with the following requirements:
(1) Each United States attorney shall designate at least 1
assistant United States attorney to prosecute, on either a
full- or part-time basis, armed violent youth.
(2) Each United States attorney shall establish an armed
youth criminal apprehension task force comprised of
appropriate law enforcement representatives. The task force
shall develop strategies for removing armed violent youth
from the streets, taking into consideration--
(A) the importance of severe punishment in deterring armed
violent youth crime;
(B) the effectiveness of Federal and State laws pertaining
to apprehension and prosecution of armed violent youth;
(C) the resources available to each law enforcement agency
participating in the task force;
(D) the nature and extent of the violent youth crime
occurring in the district for which the United States
attorney is appointed; and
(E) the principle of limited Federal involvement in the
prosecution of crimes traditionally prosecuted in State and
local jurisdictions.
(3) Not less frequently than bimonthly, the Attorney
General shall require each United States attorney to report
to the Department of Justice the number of youths charged
with, or convicted of, violating section 922(g) or 924 of
title 18, United States Code, in the district for which the
United States attorney is appointed and the number of youths
referred to a State for prosecution for similar offenses.
(4) Not less frequently than twice annually, the Attorney
General shall submit to the Congress a compilation of the
information received by the Department of Justice pursuant to
paragraph (3) and a report on all waivers granted under
subsection (b).
(b) Waiver Authority.--
(1) Request for waiver.--A United States attorney may
request the Attorney General to waive the requirements of
subsection (a) with respect to the United States attorney.
(2) Provision of waiver.--The Attorney General may waive
the requirements of subsection (a) pursuant to a request made
under paragraph (1), in accordance with guidelines which
shall be established by the Attorney General. In establishing
the guidelines, the Attorney General shall take into
consideration the number of assistant United States attorneys
in the office of the United States attorney making the
request and the level of violent youth crime committed in the
district for which the United States attorney is appointed.
(c) Armed Violent Youth Defined.--As used in this section,
the term ``armed violent youth'' means a person who has not
attained 18 years of age and is accused of violating--
(1) section 922(g)(1) of title 18, United States Code,
having been previously convicted of--
(A) a violent crime; or
(B) conduct that would have been a violent crime had the
person been an adult; or
(2) section 924 of such title.
(d) Sunset.--This section shall have no force or effect
after the 5-year period that begins 180 days after the date
of the enactment of this Act.
TITLE VII--ACCOUNTABILITY FOR JUVENILE OFFENDERS AND PUBLIC PROTECTION
INCENTIVE GRANTS
SEC. 701. SHORT TITLE.
This title may be cited as the ``Juvenile Accountability
Block Grants Act of 1998''.
SEC. 702. BLOCK GRANT PROGRAM.
(a) In General.--Part R of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796 et seq.)
is amended to read as follows:
``PART R--JUVENILE ACCOUNTABILITY BLOCK GRANTS
``SEC. 1801. PROGRAM AUTHORIZED.
``(a) In General.--The Attorney General is authorized to
provide grants to States, for use by States and units of
local government, and in certain cases directly to eligible
units.
``(b) Authorized Activities.--Amounts paid to a State, a
unit of local government, or an eligible unit under this part
shall be used by the State, unit of local government, or
eligible unit for the purpose of promoting greater
accountability in the juvenile justice system, which
includes--
``(1) building, expanding, renovating, or operating
temporary or permanent juvenile correction or detention
facilities, including training of correctional personnel;
``(2) developing and administering accountability-based
sanctions for juvenile offenders;
``(3) hiring additional juvenile judges, probation
officers, and court-appointed defenders, and funding pre-
trial services for juveniles, to ensure the smooth and
expeditious administration of the juvenile justice system;
``(4) hiring additional prosecutors, so that more cases
involving violent juvenile offenders can be prosecuted and
backlogs reduced;
``(5) providing funding to enable prosecutors to address
drug, gang, and youth violence problems more effectively;
``(6) providing funding for technology, equipment, and
training to assist prosecutors in identifying and expediting
the prosecution of violent juvenile offenders;
``(7) providing funding to enable juvenile courts and
juvenile probation offices to be more effective and efficient
in holding juvenile offenders accountable and reducing
recidivism;
``(8) the establishment of court-based juvenile justice
programs that target young firearms offenders through the
establishment of juvenile gun courts for the adjudication and
prosecution of juvenile firearms offenders;
``(9) the establishment of drug court programs for
juveniles so as to provide continuing judicial supervision
over juvenile offenders with substance abuse problems and to
provide the integrated administration of other sanctions and
services;
``(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; and
``(11) establishing and maintaining accountability-based
programs that work with juvenile offenders who are referred
by law enforcement agencies, or which are designed, in
cooperation with law enforcement officials, to protect
students and school personnel from drug, gang, and youth
violence.
``SEC. 1802. GRANT ELIGIBILITY.
``(a) State Eligibility.--To be eligible to receive a grant
under this section, a State shall submit to the Attorney
General an application at such time, in such form, and
[[Page H7738]]
containing such assurances and information as the Attorney
General may require by rule, including assurances that the
State and any unit of local government to which the State
provides funding under section 1803(b), has in effect (or
will have in effect not later than 1 year after the date a
State submits such application) laws, or has implemented (or
will implement not later than 1 year after the date a State
submits such application) policies and programs, that--
``(1) ensure that juveniles who commit an act after
attaining 15 years of age that would be a serious violent
crime if committed by an adult are treated as adults for
purposes of prosecution as a matter of law, or that the
prosecutor has the authority to determine whether or not to
prosecute such juveniles as adults;
``(2) impose sanctions on juvenile offenders for every
delinquent or criminal act, or violation of probation,
ensuring that such sanctions escalate in severity with each
subsequent, more serious delinquent or criminal act, or
violation of probation, including such accountability-based
sanctions as--
``(A) restitution;
``(B) community service;
``(C) punishment imposed by community accountability
councils comprised of individuals from the offender's and
victim's communities;
``(D) fines; and
``(E) short-term confinement;
``(3) establish at a minimum a system of records relating
to any adjudication of a juvenile who has a prior delinquency
adjudication and who is adjudicated delinquent for conduct
that if committed by an adult would constitute a felony under
Federal or State law which is a system equivalent to that
maintained for adults who commit felonies under Federal or
State law; and
``(4) ensure that State law does not prevent a juvenile
court judge from issuing a court order against a parent,
guardian, or custodian of a juvenile offender regarding the
supervision of such an offender and from imposing sanctions
for a violation of such an order.
``(b) Local Eligibility.--
``(1) Subgrant eligibility.--To be eligible to receive a
subgrant, a unit of local government shall provide such
assurances to the State as the State shall require, that, to
the maximum extent applicable, the unit of local government
has laws or policies and programs which--
``(A) ensure that juveniles who commit an act after
attaining 15 years of age that would be a serious violent
crime if committed by an adult are treated as adults for
purposes of prosecution as a matter of law, or that the
prosecutor has the authority to determine whether or not to
prosecute such juveniles as adults;
``(B) impose a sanction for every delinquent or criminal
act, or violation of probation, ensuring that such sanctions
escalate in severity with each subsequent, more serious
delinquent or criminal act, or violation of probation; and
``(C) ensure that there is a system of records relating to
any adjudication of a juvenile who is adjudicated delinquent
for conduct that if committed by an adult would constitute a
felony under Federal or State law which is a system
equivalent to that maintained for adults who commit felonies
under Federal or State law.
``(2) Special rule.--The requirements of paragraph (1)
shall apply to an eligible unit that receives funds from the
Attorney General under section 1803, except that information
that would otherwise be submitted to the State shall be
submitted to the Attorney General.
``SEC. 1803. ALLOCATION AND DISTRIBUTION OF FUNDS.
``(a) State Allocation.--
``(1) In general.--In accordance with regulations
promulgated pursuant to this part, 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) Proportional reduction.--If amounts available to
carry out paragraph (1)(A) for any payment period are
insufficient to pay in full the total payment that any State
is otherwise eligible to receive under paragraph (1)(A) for
such period, then the Attorney General shall reduce payments
under paragraph (1)(A) for such payment period to the extent
of such insufficiency. Reductions under the preceding
sentence shall be allocated among the States (other than
States whose payment is determined under paragraph (2)) in
the same proportions as amounts would be allocated under
paragraph (1) without regard to paragraph (2).
``(3) 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.--Each State which receives funds under
subsection (a)(1) in a fiscal year shall distribute not less
than 75 percent of such amounts received among units of local
government, for the purposes specified in section 1801. In
making such distribution the State shall allocate to such
units of local government an amount which bears the same
ratio to the aggregate amount of such funds as--
``(A) the sum of--
``(i) the product of--
``(I) two-thirds; multiplied by
``(II) the average law enforcement expenditure for such
unit of local government for the 3 most recent calendar years
for which such data is available; plus
``(ii) the product of--
``(I) one-third; 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.
``(2) Expenditures.--The allocation any unit of local
government shall receive under paragraph (1) for a payment
period shall not exceed 100 percent of law enforcement
expenditures of the unit for such payment period.
``(3) Reallocation.--The amount of any unit of local
government's allocation that is not available to such unit by
operation of paragraph (2) shall be available to other units
of local government that are not affected by such operation
in accordance with this subsection.
``(c) Unavailability of Data for Units of Local
Government.--If the State has reason to believe that the
reported rate of part 1 violent crimes or law enforcement
expenditure for a unit of local government is insufficient or
inaccurate, the State shall--
``(1) investigate the methodology used by the unit to
determine the accuracy of the submitted data; and
``(2) if necessary, use the best available comparable data
regarding the number of violent crimes or law enforcement
expenditure for the relevant years for the unit of local
government.
``(d) Local Government With Allocations Less Than $5,000.--
If under this section a unit of local government is allocated
less than $5,000 for a payment period, the amount allotted
shall be expended by the State on services to units of local
government whose allotment is less than such amount in a
manner consistent with this part.
``(e) Direct Grants to Eligible 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
eligible units which meet the requirements for funding under
subsection (b).
``(2) Award basis.--In addition to the qualification
requirements for direct grants for eligible units the
Attorney General may use the average amount allocated by the
States to like governmental units as a basis for awarding
grants under this section.
``SEC. 1804. REGULATIONS.
``The Attorney General shall issue regulations establishing
procedures under which an eligible 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.
``SEC. 1805. PAYMENT REQUIREMENTS.
``(a) Timing of Payments.--The Attorney General shall pay
each State or unit of local government that receives funds
under section 1803 that has submitted an application under
this part not later than--
``(1) 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),
whichever is later.
``(b) Repayment of Unexpended Amounts.--
``(1) Repayment required.--From amounts appropriated under
this part, a State shall repay to the Attorney General, by
not later than 27 months after receipt of funds from the
Attorney General, any amount that is not expended by the
State within 2 years after receipt of such funds from the
Attorney General.
``(2) Penalty for failure to repay.--If the amount required
to be repaid is not repaid, the Attorney General shall reduce
payment in future payment periods accordingly.
``(3) Deposit of amounts repaid.--Amounts received by the
Attorney General as repayments under this subsection shall be
deposited in a designated fund for future payments to States.
``(c) Administrative Costs.--A State, unit of local
government or eligible unit that receives funds under this
part may use not more than 10 percent of such funds to pay
for administrative costs.
``(d) Nonsupplanting Requirement.--Funds made available
under this part to States, units of local government, or
eligible units shall not be used to supplant State or local
funds as the case may be, but shall be used to increase the
amount of funds that would, in the absence of funds made
available under this part, be made available from State or
local sources, as the case may be.
``(e) Matching Funds.--The Federal share of a grant
received under this part may not exceed 90 percent of the
costs of a program or proposal funded under this part.
[[Page H7739]]
``SEC. 1806. UTILIZATION OF PRIVATE SECTOR.
``Funds or a portion of funds allocated under this part may
be utilized to contract with private, nonprofit entities or
community-based organizations to carry out the purposes
specified under section 1801(a)(2).
``SEC. 1807. ADMINISTRATIVE PROVISIONS.
``(a) In General.--A State that receives funds under this
part shall--
``(1) establish a trust fund in which the government will
deposit all payments received under this part; and
``(2) use amounts in the trust fund (including interest)
during a period not to exceed 2 years from the date the first
grant payment is made to the State;
``(3) designate an official of the State 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.--The administrative provisions of
part H shall apply to this part and for purposes of this
section any reference in such provisions to title I shall be
deemed to include a reference to this part.
``SEC. 1808. DEFINITIONS.
``For the purposes of this part:
``(1) The term `unit of local government' means--
``(A) a county, township, city, or political subdivision of
a county, township, or city, that is a unit of local
government as determined by the Secretary of Commerce for
general statistical purposes; and
``(B) the District of Columbia and the recognized governing
body of an Indian tribe or Alaskan Native village that
carries out substantial governmental duties and powers.
``(2) The term `eligible unit' means a unit of local
government which may receive funds under section 1803(e).
``(3) The term `State' means any State of the United
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, American Samoa, Guam, and the
Northern Mariana Islands, except that American Samoa, Guam,
and the Northern Mariana Islands shall be considered as 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) The term `juvenile' means an individual who is 17
years of age or younger.
``(5) The term `law enforcement expenditures' means the
expenditures associated with police, prosecutorial, legal,
and judicial services, and corrections as reported to the
Bureau of the Census for the fiscal year preceding the fiscal
year for which a determination is made under this part.
``(6) The term `part 1 violent crimes' means murder and
nonnegligent manslaughter, forcible rape, robbery, and
aggravated assault as reported to the Federal Bureau of
Investigation for purposes of the Uniform Crime Reports.
``(7) The term `serious violent crime' means murder,
aggravated sexual assault, and assault with a firearm.
``SEC. 1809. AUTHORIZATION OF APPROPRIATIONS.
``(a) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this part--
``(1) $500,000,000 for fiscal year 1999;
``(2) $500,000,000 for fiscal year 2000; and
``(3) $500,000,000 for fiscal year 2001.
``(b) Oversight Accountability and Administration.--Not
more than 1 percent of the amount authorized to be
appropriated under subsection (a), with such amounts to
remain available until expended, for each of the fiscal years
1999 through 2001 shall be available to the Attorney General
for studying the overall effectiveness and efficiency of the
provisions of this part, assuring compliance with the
provisions of this part, and for administrative costs to
carry out the purposes of this part. The Attorney General
shall establish and execute an oversight plan for monitoring
the activities of grant recipients.
``(c) Funding Source.--Appropriations for activities
authorized in this part may be made from the Violent Crime
Reduction Trust Fund.''.
(b) Clerical Amendments.--The table of contents of title I
of the Omnibus Crime Control and Safe Streets Act of 1968 is
amended by striking the item relating to part R and inserting
the following:
``Part R--Juvenile Accountability Block Grants
``Sec. 1801. Program authorized.
``Sec. 1802. Grant eligibility.
``Sec. 1803. Allocation and distribution of funds.
``Sec. 1804. Regulations.
``Sec. 1805. Payment requirements.
``Sec. 1806. Utilization of private sector.
``Sec. 1807. Administrative provisions.
``Sec. 1808. Definitions.
``Sec. 1809. Authorization of appropriations.''.
TITLE VIII--SPECIAL PRIORITY FOR CERTAIN DISCRETIONARY GRANTS
SEC. 801. SPECIAL PRIORITY.
Section 517 of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 is amended by adding at the end the
following:
``(c) Special Priority.--In awarding discretionary grants
under section 511 to public agencies to undertake law
enforcement initiatives relating to gangs, or to juveniles
who are involved or at risk of involvement in gangs, the
Director shall give special priority to a public agency that
includes in its application a description of strategies,
either in effect or proposed, providing for cooperation
between local, State, and Federal law enforcement authorities
to disrupt the illegal sale or transfer of firearms to or
between juveniles through tracing the sources of crime guns
provided to juveniles.''.
TITLE IX--GRANT REDUCTION
SEC. 901. PARENTAL NOTIFICATION.
(a) Grant Reduction for Noncompliance.--Section 506 of
title I of the Omnibus Crime Control and Safe Streets Act of
1968 is amended by adding at the end the following:
``(g) Information Access.--
``(1) In general.--The funds available under this subpart
for a State shall be reduced by 20 percent and redistributed
under paragraph (2) unless the State--
``(A) submits to the Attorney General, not later than 1
year after the date of the enactment of the Juvenile Crime
Control Act of 1998, a plan that describes a process to
notify parents regarding the enrollment of a juvenile sex
offender in an elementary or secondary school that their
child attends; and
``(B) adheres to the requirements described in such plan in
each subsequent year as determined by the Attorney General.
``(2) Redistribution.--To the extent approved in advance in
appropriations Acts, any funds available for redistribution
shall be redistributed to participating States that have
submitted a plan in accordance with paragraph (1).
``(3) Compliance.--The Attorney General shall issue
regulations to ensure compliance with the requirements of
paragraph (1).''.
TITLE X--GENERAL PROVISIONS
SEC. 1001. EFFECTIVE DATE; APPLICATION OF AMENDMENTS.
(a) Effective Date.--Except as provided in subsection (b),
this Act and the amendments made by this Act shall take
effect on the date of the enactment of this Act.
(b) Application of Amendments.--The amendments made by this
Act shall apply only with respect to fiscal years beginning
after September 30, 1998.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Pennsylvania (Mr. Goodling) and the gentleman from Virginia (Mr. Scott)
each will control 20 minutes.
The Chair recognizes the gentleman from Pennsylvania (Mr. Goodling).
Mr. SCOTT. Mr. Speaker, I ask unanimous consent that the gentleman
from Missouri (Mr. Clay) control the time.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Virginia?
There was no objection.
Mr. GOODLING. Mr. Speaker, I ask unanimous consent that 10 minutes of
the time that I control be controlled by the gentleman from Florida
(Mr. McCollum).
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Pennsylvania?
There was no objection.
Mr. GOODLING. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in support of S. 2073, which authorizes
appropriations for the National Center for Missing and Exploited
Children, and I have a substitute which would replace the text of this
bill which includes comprehensive reforms to our Nation's programs
addressing juvenile crime.
Mr. Speaker, in 1995, juveniles accounted for 32 percent of the
arrests for robberies, 23 percent of weapons violations, 15 percent of
rapes, 13 percent of aggravated assaults and 9 percent of arrests for
murder. These are staggering statistics that should draw our collective
attention to the need for meaningful reform over our juvenile justice
system.
Last year, the House passed H.R. 1818, the Juvenile Crime Control and
Delinquency Prevention Act. This is an important bill that not only
supports making juveniles accountable for their actions, but also
provides funds to States and local communities in designing prevention
programs to help young Americans turn their lives around.
The House has also passed H.R. 3, legislation from the Committee on
the Judiciary to hold juveniles accountable for their actions.
Together, these two bills presented a comprehensive approach to
addressing juvenile crime in America today.
The Senate passed legislation amending portions of H.R. 1818,
specifically amendments to the Missing Children's Assistance Act and
the Runaway and Homeless Youth Act.
It is our intent to amend this legislation, S. 2073, to include the
provisions of H.R. 1818 and H.R. 3 and to request a House/Senate
conference to work out the differences between the two bills.
Mr. Speaker, over the past 2 years, we have seen a horrendous
increase in
[[Page H7740]]
school violence in our country. I believe the number of students who
have been killed in our Nation's schools by other students has shocked
all of us. The well thought out provisions of H.R. 1818 provide support
for States and local communities in addressing issues relating to
juvenile crime, including school violence.
It places the design of prevention programs where it appropriately
belongs, at the local level. Although it outlines a number of ways in
which funds can be used, it does not restrict local innovation.
Earlier this year, the Subcommittee on Early Childhood, Youth and
Families held a hearing on understanding violent children. This hearing
focused on the factors that are likely to contribute to school violence
and explored the backgrounds of children who commit the violent acts.
One key issue was discussed by most of the witnesses testifying at
the hearing: The need for early identification of students with a
potential for violence and then early intervention and prevention
activities directed at those students. Schools could conduct these
types of activities using funds provided under this act.
Mr. Speaker, we need to make communities and schools safe. Our goal
is crime-free environments where children can play and learn. To reach
this goal, we must act now to move legislation addressing juvenile
crime. The end of the session is drawing near. We cannot afford to wait
any longer. Parents, teachers, counselors and law enforcement personnel
cannot continue to wait for us to act. Most importantly, our sons and
daughters need our support in making playgrounds and neighborhoods safe
again.
I believe we must take advantage of this opportunity to produce
legislation which not only provides appropriate punishment for juvenile
offenders but which provides a variety of intervention and prevention
programs to prevent youth involvement in delinquent activities, and I
urge the Members' support.
Mr. GOODLING. Mr. Speaker, I ask unanimous consent that the remainder
of my time be controlled by the gentleman from Florida (Mr. McCollum).
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Pennsylvania?
There was no objection.
Mr. CLAY. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in opposition to this Republican ploy to strike
the language in S. 2073 and replace it with both H.R. 1818 and H.R. 3.
H.R. 3 is a punitive, controversial measure from the Committee on the
Judiciary, which does very little to prevent crime in America's
streets. By contrast, H.R. 1818 is a bipartisan measure that includes
thoughtful, effective crime prevention measures that will give
juveniles real alternatives.
By combining these two House bills, we will virtually obliterate and
ensure the obliteration of H.R. 1818's positive prevention measures.
H.R. 1818 enjoyed very strong bipartisan support, which was evidenced
by its overwhelming margin of passage, 413 to 14. The bill creates a
new, more effective and streamline prevention and treatment program for
juveniles. It also maintains a Federal role in juvenile justice
research and evaluation, and it provides for the separation of
juveniles from adults in correctional settings.
{time} 1415
H.R. 1818 was considered under suspension of the rules and was the
product of several months of careful negotiation. By contrast, H.R. 3
would result in more juveniles being tried as adults in Federal court
because it provides for the mandatory adult prosecution of 14-year-olds
charged with serious violent felonies.
This is a far cry from the strong prevention-based philosophy of H.R.
1818. We cannot afford to toss our troubled juveniles into jail and
throw away the keys. We must intervene first with the strong and
flexible prevention measures that H.R. 1818 provides.
Mr. Speaker, I believe that H.R. 1818's promotion of prevention over
punishment, substance over politics, shows what we as elected officials
can do to produce fair, bipartisan legislation. Instead of looking to
score cheap political points, let us do right by our Nation's troubled
children and work to prevent juvenile crime.
Mr. Speaker, the combining of these bills is a Republican ploy to
force Members who already opposed H.R. 3 to vote for it now. This
amendment is an abuse of the suspension calendar. Members who voted
against H.R. 3, or have concerns about the Draconian measures in S.
2073, should vote ``no'' on this motion.
Mr. Speaker, I reserve the balance of my time.
Mr. McCOLLUM. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, this bill, as has been stated previously, contains the
elements of two major youth crime bills and an effort to improve our
juvenile justice system very dramatically as the work product of two
different committees of this House.
Both of these bills in other forms, but very much the same language,
have passed this body. H.R. 3, which passed this body some time ago in
the last session of this Congress back last year, passed by a vote of
286 to 132. That is what constitutes sections 5 and 6 and 7 of this
bill today.
Mr. Speaker, I want my colleagues to fully understand that many, the
vast majority, voted for these provisions previously. We have had some
difficulty getting the legislation represented by both of these
previous bills into law. So, consequently, this is an effort to combine
the two and perhaps be able to get something through the other body, as
well as ours, and to the President's desk.
First of all, it is extremely important for us to recognize that we
have a crisis in juvenile crime today in this Nation. Our juvenile
justice system is truly broken because juvenile judges, juvenile
prosecutors, juvenile probation officers, are overwhelmed by the
caseload that is out there.
We find in the streets of America today young people committing
crimes, oftentimes the traditional crimes we think of as going to
juvenile court of doing something like spray painting graffiti on a
warehouse wall or running over a parking meter, and not even seeing the
police officer taking them into the juvenile authorities because the
juvenile authorities are so overworked, they have to spend their time
on the violent crime that we hear so much about in society today, that
they are not focused and cannot take the time to focus on these lesser
crimes.
Then when they are taken in, they may or may not receive any
punishment at all. We have a lot of reports in some of our major urban
areas where they do not receive any punishment, which is the reason why
law enforcement hesitates to carry these young people in that commit
misdemeanor crimes and wait for the really serious stuff, which may be
many, many crimes down the road. Then those who do get some punishment
frequently cannot be supervised, because there is no probation officer
who has the time to do that and so on down the line.
As a net consequence, what I have learned as chairman of the
Subcommittee on Crime in this House over the last 3 or 4 years is that
we have a lot of young people who believe that there is no consequence
to their juvenile acts when they go out and commit these relatively
petty crime. The experts say in that case, since they may commit all
kinds of these crimes and never get any punishment, never even be taken
into the juvenile authorities, is it any wonder that when they are a
little older and rob a 7-Eleven store with a gun that they do not
hesitate to pull the trigger because they do not think that there is
going to be any consequences.
So, what is in this bill that was in H.R. 3, which is the gist of
that bill on juvenile justice reform, is an effort to hold these young
people accountable, knowing and recognizing that the vast majority of
juvenile justice problems are in the States, not at the Federal level.
This is not a Federal bill in that sense. It is, instead, a bill that
would provide for some effort to put some accountability in there by a
grant program to the States and local communities for the purposes of
promoting this accountability.
The funds that would be authorized in this bill are $500 million a
year over 3 years for State and local communities to be able to spend
for the purposes of increasing accountability in their juvenile justice
systems for anything they want to. More judges, more
[[Page H7741]]
probation officers, more prosecutors, more juvenile detention
facilities if that is what they need, but within the framework of
juvenile justice for anything they want.
There are only a couple of provisions that they have to assure the
Attorney General of the United States in order to get the grant money,
the first and foremost of which is that the State would have to ensure
that there is a sanction, some kind of punishment, for every delinquent
or criminal act of a juvenile and that there will be an escalating
greater sanction for every subsequent delinquent act that is more
serious.
That is very critical. It does not exist today, unfortunately, in
most communities and it needs to exist. That is the real reason for
this part of the legislation, why H.R. 3 was passed, and why it is in
this bill today. It is a grant program to provide those additional
resources so that these overworked juvenile justice systems can be
given a jump start, knowing that the States will have to pump even more
money into the system, but at least saying we are out there to offer a
helping hand of $500 million a year, which is a lot of money, to the
States which comply with that.
They also would have to establish a system of records for juveniles
adjudicated delinquent for a second offense that would be a felony if
committed by an adult, which is a system equivalent to that maintained
for adults that commit felonies.
They have to assure that State law does not prevent a juvenile court
judge from issuing an order against a parent or guardian of a juvenile
offender and from imposing sanctions for violation of that order, which
most States already do.
The last one that is often talked about, but that is far milder than
has been represented even here today, they have to assure the Attorney
General that when juveniles commit an act after attaining the age of 15
years of age that would be a serious violent crime on only one of those
four, murder, aggravated, sexual assault, and armed robbery with a
firearm if committed by an adult, may be prosecuted as an adult within
the discretion of the prosecutor, which is, of course, the law in
almost all States today.
The heart of this is that we want money to go to the States to
improve their juvenile justice systems. This is a grant program to do
that. It is primarily attached to the principal string that they will
start punishing and assure us that they are punishing juveniles for
their first delinquent acts and then increase that punishment
thereafter with the misdemeanor crimes to put consequences back into
the law and stop a lot of these kids from committing the violent crimes
that they do later. It is a very important bill and I urge its
adoption.
Mr. Speaker, I reserve the balance of my time.
Mr. CLAY. Mr. Speaker, I yield 3 minutes to the gentleman from
California (Mr. Martinez).
(Mr. MARTINEZ asked and was given permission to revise and extend his
remarks.)
Mr. MARTINEZ. Mr. Speaker, I rise in opposition to the House
substitute to S. 2073. Members on the other side of the aisle are
politicizing what could have been a bipartisan debate on juvenile
justice by incorporating the controversial H.R. 3 in the substitute.
It is certain that the House had bipartisan options at hand. The
Senate version of S. 2073 would have reauthorized the Runaway and
Homeless Youth Act and the National Center for Missing and Exploited
Children. While I am a strong advocate of both programs and support
their extension, I do not support H.R. 3, which is an overreaction.
On the other hand, one of the bills that we are using as a substitute
to the Senate legislation is H.R. 1818, the Juvenile Justice Crime
Control and Delinquency Prevention Act, which also reauthorizes these
important programs and represents a truly bipartisan compromise in
addressing juvenile justice.
Over a year ago, H.R. 1818 passed the House with near unanimous
support. This legislation shows what we can do as elected officials to
produce good public policy on a truly bipartisan basis. H.R. 1818
strengthens the vital provisions of the Juvenile Justice and
Delinquency Prevention Act, embodied in the four core mandates, while
providing flexibility to deal with the real life difficulties of
dealing with juvenile offenders.
In addition, a dramatic positive new step is also taken by the
creation of H.R. 1818's Community Prevention Block Grant. These funds
will provide the vital tools necessary for our local communities to
prevent juvenile crimes.
Unfortunately, legislation that lacks the overwhelming bipartisan
mandate afforded to H.R. 1818 will also be incorporated in the House
substitute to S. 2073. That legislation, H.R. 3, relies on punitive
measures rather than the prevention efforts which are more successful
and less costly. H.R. 3 espouses an extremist view of addressing
juvenile crime, both by calling for the prosecution of more youths as
adults and forcing juveniles to be housed with adult offenders.
This is in direct conflict with the provisions of H.R. 1818 which
mandate total sight and sound separation of adults and juveniles in
correctional facilities. These protections were first enacted in the
JJDPA due to the overwhelming evidence that housing adults with youth
together in the same correctional facility was dangerous and even
lethal for juveniles.
Mr. Speaker, the facts are the suicide rate for youths in adult jails
is eight times higher than that for children in juvenile detention
centers. Most suicide attempts actually occur within the first hours of
incarceration. In addition, youth who come in contact with adult
inmates are often physically and sexually abused. I can attest that we
could only be promoting recidivism by jailing youth offenders with
adults, thus condemning these children to a lifetime of crime.
Therefore, despite myself strong support for H.R. 1818 and the Senate
version of S. 2073, I must oppose the legislation before us today. I
cannot support any measure that takes the irresponsible and hard-
hearted approach to juvenile justice set forth in H.R. 3.
Mr. Speaker, I urge my colleagues to join me in voting against the
House version of S. 2073.
Mr. McCOLLUM. Mr. Speaker, may I inquire how much time each side has
remaining. I believe I have adopted the time of the gentleman from
Pennsylvania (Mr. Goodling).
The SPEAKER pro tempore (Mr. Shimkus). The gentleman from Florida
(Mr. McCollum) has 10 minutes remaining, and the gentleman from
Missouri (Mr. Clay) has 14 minutes remaining.
Mr. McCOLLUM. Mr. Speaker, I reserve the balance of my time.
Mr. CLAY. Mr. Speaker, I ask unanimous consent that the gentleman
from Virginia (Mr. Scott) be allowed to manage the balance of my time.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Missouri?
There was no objection.
Mr. SCOTT. Mr. Speaker, I yield myself 5 minutes.
Mr. Speaker, I rise in opposition to the motion to suspend the rules
and pass the amended version of S. 2073. The original version of S.
2073 was a simple reauthorization of the National Center for Missing
and Exploited Children and the Runaway and Homeless Youth Act. This new
version has added H.R. 3 and the good, effective crime prevention bill,
H.R. 1818, but it is the provisions of H.R. 3 that are most egregious.
Mr. Speaker, it has been two Congresses since we started debating on
how best to reduce juvenile delinquency in this country and today we
still do not have a Federal juvenile justice policy that will assist
States and communities in addressing this persistent problem.
Instead, Congress has elected to go the politically popular route and
use sound bites to develop bad juvenile crime policy. Even prominent
research organizations such as the RAND Institute finds that the
popular sound bite, ``You do the adult crime, you do the adult time,''
has been shown to actually increase juvenile crime.
H.R. 3 has not changed much since it was last considered. Unlike H.R.
1818, it still allows children to be housed in adult prisons with
adults, where they are five times more likely to be sexual assaulted,
twice as likely to be beaten, and 50 percent more likely to be attacked
with a weapon than children in a juvenile facility.
[[Page H7742]]
H.R. 3 requires States to prosecute children as young as 14 in the
adult court system, which significance research shows will increase
crime. Those crimes will be committed sooner and be more violent if we
adopt this policy. Incredibly for the juveniles affected, the studies
show that the adult time will actually be shorter than the juvenile
time. That is right, the adult time will be shorter.
To add insult to injury, in most States the juvenile would be
entitled to a preliminary hearing, giving the witnesses and the victims
two trials to endure rather than one.
H.R. 3 also represents government intrusion at its worst. It would
require 37 States to change their juvenile justice, laws including not
only my State of Virginia but also California, Pennsylvania, Ohio,
Texas and many others.
It is also important to understand that by bringing up S. 2073 in the
House under a suspension of the rules as we are doing today the Senate
no longer have to debate juvenile justice. They have a bill in the
Senate, S. 10, which is similar to H.R. 3, and it has not been able to
reach the floor because it cannot pass the ``Light of Day Test,''
because when daylight hits S. 10, no one likes what they see. It has
been criticized by the National Governors' Association, the National
District Attorneys Association, the Children's Defense Fund, and even
the Chief Justice of the Supreme Court.
{time} 1430
Mr. Speaker, this is the wrong way to establish a Federal juvenile
crime policy. We should let the center continue to deliberate until
they can pass a juvenile crime bill that actually reduces youth crime.
Meanwhile, the House should defeat the motion to suspend the rules and,
instead, pass a simple reauthorization of the National Center for
Missing and Exploited Children and the Runaway and Homeless Youth Acts.
Mr. Speaker, I reserve the balance of my time.
Mr. McCOLLUM. Mr. Speaker, I yield 4 minutes to the gentleman from
Indiana (Mr. Souder).
Mr. SOUDER. Mr. Speaker, I stand in somewhat of an unusual position
today. I serve on the Subcommittee on Early Childhood, Youth and
Families of the Committee on Education and the Workforce and have
worked with the gentleman from California (Mr. Martinez) and the
gentleman from Virginia (Mr. Scott) on this bill, both in the last
session of Congress and in this session, and on H.R. 1818, which is a
part of this bill. And we were able to develop a bipartisan and
important consensus that in reaching out to children, in particularly
their juvenile period, that we need to try to reach these kids before
they get to the level of serious crime and work through that problem;
and that they deserve special set-aside counseling, both in prevention
and after they have committed a crime.
But this has been merged with another bill, Mr. Speaker, which I also
support, which says that for certain actions, such as if a juvenile
shoots somebody and kills them, if they rape someone, or if they commit
armed robbery with a firearm, and they are 15 years of age, that person
is just as dead, just as raped, or had their life just as threatened as
if that individual were 18. We have spent too much time worrying about
some of these juveniles on the street without thinking about the
people, particularly in a lot of our urban centers, who are terrorized
by these young people; without thinking of the people working in many
fast food places, that are now shutting down in my hometown of Fort
Wayne and around this country, where people do not have places to get
food, they do not have grocery stores in their area because a few
individuals are terrorizing their neighborhoods.
Now, I do not necessarily agree completely with every part of the
crime bill section of this, in the sense that I think we need
rehabilitation programs. We have had a celebrated case in our State
about a young girl who committed a murder. And, clearly, when an
individual is 14, 15, 16, 17, they are going through somewhat of a
different process. And as has been pointed out, they are going to be
released and we need to work with them. But they need to be off the
streets and held accountable for their crimes, because for a few people
in this society, in many cases, it is questionable, quite frankly, in
these rape cases and armed robberies, whether indeed any of the rehab
programs are working, and many of these people are not coming off the
street.
I am not arguing against prevention. I supported that bill; I helped
develop that bill. I believe we have an excellent effort to try to
reach more of these young people before they get to that step. But we
are getting into a posture, it seems like in this government, where if
someone apologizes, if they say they are sorry, if somehow somebody
gives them a slap on the wrist or maybe gives them a sensor, that they
are not held accountable for their actions in this country anymore.
There should be a price to pay if someone shoots somebody, if they rape
somebody, or if they use a gun in an armed robbery. They should be held
accountable for that crime, and we are not doing it at this time.
Forty percent of people in the juvenile period of 15 until they reach
adulthood are not serving sentences, and they are back out on the
streets terrorizing the senior citizens in their neighborhood and the
other kids. We had a little boy that was gunned down in Fort Wayne, and
one a little bit older, as a gang was going through in a random
shooting of a house trying to find another drug dealer. Can anybody get
that little boy's life back?
I believe the person who pulls that trigger or who threatens to pull
the trigger should be held accountable. Then, I also believe while they
are in prison, we need to work with them and be sensitive to these
young people being raped in prison and how we should separate them. But
they should go to jail, they should do the time, and they should be
held accountable. Because when they take another life or rape someone
or assault someone, they need to be held accountable.
Mr. SCOTT. Mr. Speaker, I yield myself 30 seconds, prior to yielding
to the gentleman from Rhode Island, to point out that when the
gentleman talks about rape, robbery, and shooting, we need to point out
that two-thirds of the juveniles treated as adults today are treated as
adults for nonviolent offenses. We are already that far down the list.
There is no State that needs any direction from Congress to decide
what to do about people who are shooting, raping and robbing with a
firearm. In fact, for those affected by this bill, they will serve less
time. And that is, obviously, not the accountability that we want to be
talking about.
Mr. Speaker, I yield 2 minutes to the gentleman from Rhode Island
(Mr. Kennedy).
Mr. KENNEDY of Rhode Island. Mr. Speaker, I thank the gentleman from
Virginia for yielding me this time, and I want to salute the gentleman
from Virginia for all the good work that he does to preserve sound
policy with respect to juvenile crime.
My colleagues, what we are doing today is wrong. We are taking a bill
that is supposed to help missing and exploited children and runaway and
homeless youth, we are taking this program and we are saddling it with
a political agenda. We are taking these most vulnerable children in our
society, the exploited children of this society, and we are exploiting
them for political gain, and this time it is by the United States
Congress that wants to beat its chest and say how tough they are on
crime.
Every single knowledgeable person in this country who works in the
area of juvenile crime will tell us that the kind of policy that the
Republicans are trying to foist on this Congress is policy that simply
does not work. How do we know this? The United States Senate will not
even take up this draconian bill, a bill that would put 14-year-old
children in the same prison as an adult criminal. They are not taking
up this bill because they know it is barbaric.
So what are we doing today? We are trying to circumvent the proper
process, to allow this Congress an opportunity to debate and fully
understand this bill, by putting it on the suspension calendar and
hoping no one will know that this Congress is taking missing and
exploited children and using their political agenda to attach H.R. 3
onto this bill.
This bill is not about missing and exploited children any longer, it
is about
[[Page H7743]]
a Republican agenda to make themselves look tough on crime when in
actuality they are victimizing these poor children once again.
Mr. McCOLLUM. Mr. Speaker, I yield 2 minutes to the gentleman from
Delaware (Mr. Castle).
Mr. CASTLE. Mr. Speaker, I thank the gentleman for yielding me this
time, and I rise in support of S. 2073, the reauthorization of the
Missing and Exploited Children and the Runaway and Homeless Youth Acts.
This substitute includes H.R. 1818, the Juvenile Crime Control and
Delinquency Prevention Act, which passed the House Committee on
Education and the Workforce on which I serve.
This bill also contains and incorporates a very important provision
that I sponsored that provides the National Center for Missing and
Exploited Children with funds to serve as the Nation's primary resource
center for child protection.
For more than 13 years, the National Center, a private nonprofit
organization established by Congress in 1984, has been instrumental in
locating and recovering missing children and preventing child
abductions, molestations and sexual exploitations. The National Center
is a vital resource for families and the approximately 17,000 law
enforcement agencies in the United States in the search for missing
children and the quest for child protection.
The Center has worked for clearinghouses in all 50 States in locating
over 35,000 children and preventing child abductions, molestations and
sexual exploitations. One of the National Center's success stories hit
very close to my home. Last year it assisted local authorities in the
recovery of two missing Delawarians who were located in Florida.
This bipartisan legislation also provides us with a balanced approach
to addressing juvenile crime and endorses a concept of holding
juveniles accountable for their crimes while also providing for
prevention programs that can help young people turn their lives around.
Mr. Speaker, by adequately funding the National Center for Missing
and Exploited Children, we can solidify our resources, hone our
message, and assure every family and every law enforcement agency that
we are committed to long-term child protection. I urge my colleagues to
support passage of this legislation so we can move it to conference
with the Senate soon.
Mr. SCOTT. Mr. Speaker, I yield 1\1/2\ minutes to the gentlewoman
from New York (Mrs. McCarthy.)
Mrs. McCARTHY of New York. Mr. Speaker, I thank my colleague for
yielding me this time. I rise in opposition to the motion to suspend
the rules and pass S. 2073 as amended.
My work to end violence in this country has shown me that attacking
violence requires a wide range of measures, including getting guns out
of the hands of our young people. If we want to reduce juvenile crime,
we must address guns and how kids get ahold of them. Since the House
passed H.R. 3 and H.R. 1818 last year, unfortunately, there have been
several tragic incidents of violence in our schools.
Last June, I introduced the Children's Gun Violence Prevention Act,
common sense legislation to keep guns out of the hands of children. It
has received broad support from both sides of the aisle and would take
a major step towards reducing juvenile crime. Sadly, the process we are
using today will give either chamber the chance to address my
legislation or any steps we must take towards reducing gun violence.
That is just not right.
Today may be our last chance to debate the issue of juvenile crime
this year. If we fail to address gun violence as part of this effort,
we will not be doing our job. If we are serious about reducing gun
violence among our youth, and violence in general, then we have to do
something about keeping our schools safe. We should defeat this motion,
Mr. Speaker.
We want to do the right thing in this chamber, and sometimes,
unfortunately, when we rush through things, we are not doing the right
thing. I ask my colleagues to defeat this, to go back, and let us
really do the right thing for our young people in this country.
Mr. SCOTT. Mr. Speaker, I yield 3 minutes to the gentleman from
Massachusetts (Mr. Delahunt).
Mr. DELAHUNT. Mr. Speaker, it was interesting today to listen to the
gentleman from Indiana talk about accountability and referring to some
specific incidents. I daresay that if we took the time in this debate
and asked the gentleman if those juveniles who committed those crimes
were incarcerated, the answer would be in the affirmative. That is
because there is some good news out there.
We have certainly not achieved utopia. We have not arrived at the
promised land. But as the gentleman from Florida, the chairman of the
Subcommittee on Crime of the Committee on the Judiciary is fully
apprised of, juvenile crime is down in this Nation. The States are
doing some things that work, and it is important to understand that.
In fact, violent crime, which is committed generally by young males
between the ages of 15 and 25, is dramatically down all over the
country. But if this bill should pass, as amended, 40 States in this
Nation are going to have to change their juvenile justice laws so that
they can qualify for the hundreds of millions of dollars that would be
forthcoming from H.R. 3, which is now part of this bill. They would
have to change their juvenile justice laws even if they are working.
And let me say that just simply makes no sense whatsoever.
For example, in the Commonwealth of Massachusetts, my home State, in
the city of Boston, the capital city of Massachusetts, there has been
an incredible drop in terms of juvenile crimes, and Boston is
frequently cited as a model for the rest of the Nation. When I first
became the district attorney for the metropolitan Boston area back in
1975, within the city of Boston itself there were 140 homicides. In
this year it is projected that there will be less than 30 homicides.
So there are some good things happening. Yet, if we pass this
particular bill, the Commonwealth of Massachusetts and some 40 other
States would have to change their juvenile justice laws that are
working to simply qualify for the Federal monies. That is wrong and it
makes no sense.
{time} 1445
Let me suggest that we vote ``no'' on this bill and demand a simple
reauthorization of the National Center for Missing and Exploited
Children as provided for in the original Senate bill.
Mr. SCOTT. Mr. Speaker, I yield 3\1/2\ minutes to the gentlewoman
from Texas (Ms. Jackson-Lee) who is a former judge, and I want to
thank, as she is approaching the podium, the gentleman from
Massachusetts (Mr. Delahunt), a former prosecutor.
Ms. JACKSON-LEE of Texas. Mr. Speaker, I thank the gentleman from
Virginia for his leadership, and I frankly thank the gentleman from
Florida (Mr. McCollum) for the many times that we have debated this
issue.
As he well knows, I was able to join him in the early part of my
first coming to this Congress to hear from different communities on the
concerns of juvenile delinquency or juvenile issues. I would simply say
to the gentleman from Florida (Mr. McCollum), I would hope that we will
have a further opportunity to address his concerns and as well really
answer the devastation of juveniles who are facing difficult lives, and
by that juveniles who come from dysfunctional families and juveniles
who need more than being locked up and incarcerated.
Frankly, let me say to the gentleman from Virginia, knowing his hard
work, I am prepared and think we all are prepared to support the
original reauthorization of the Missing and Exploited Children and the
Runaway and Homeless Youth Acts. In fact, H.R. 1818 that deals with
prevention has the legislation in the right direction. It includes the
support of the missing and exploited children which is so important to
the survival of runaway children, children who are exploited and does a
very fine job, but yet it also matches our concerns as so many Members
have risen to the floor of the House to talk about the high numbers of
juvenile crime. But what they have not done is recognize that H.R. 3,
which is now incorrectly attached to the missing and exploited
children's reauthorization, is not the answer but in fact experts will
tell us that when we incarcerate children with adults, when we provide
no
[[Page H7744]]
prevention, when we provide no treatment, when we have no support
systems for their families, we do not have rehabilitation.
This country is too good, it is too good, and children are too good
for us to throw them away. The leading headline of Emerge Magazine
said, ``Teenagers are not as bad as we paint them.'' What they need is
support systems like Girls and Boys Clubs. They need the Boy Scouts and
Girl Scouts of America. They need the foster parent program. They need
systems in Houston such as that authorized by Mayor Lee Brown, the
after-school programs. They need parks opened.
H.R. 3 does not answer the question, what do we do about prevention?
What do we do about a youngster who has been caught up in the web of
crime but yet has the ability through treatment to be corrected?
This bill would house youthful offenders in the Federal system in
close proximity to adult offenders and will place rigid mandates on the
States that will preclude the majority of States from receiving Federal
dollars.
One study has shown that juveniles who are waived to adult court
recidivate sooner than those juveniles who are retained in juvenile
court and are treated.
Let me just say, Mr. Speaker, in conclusion, I want to work with the
Republicans. I want to work to bring down juvenile crime. This is a bad
bill. We need to support H.R. 1818 for prevention and support the
missing and exploited children's reauthorization separate from H.R. 3.
Mr. Speaker, thank you for the time to speak on this suspension bill
today. I strongly support the original Reauthorization of Missing and
Exploited Children and the Runaway and Homeless Youth Acts. The
original Senate bill S. 2073 would provide important assistance to
vulnerable children and Families.
However, Republicans are attempting to jeopardize this important
reauthorization by attaching the provisions of H.R. 3, the
controversial Violent and Juvenile Offender Act. By attaching these
provisions, Republicans are attempting to add in conference S. 10, the
controversial Violent and Repeat Juvenile Offender Act, that failed to
receive Senate approval. This bill would house youthful offenders in
the federal system in close proximity to adult offenders and will place
rigid mandates on states that would preclude the majority of states
from receiving federal dollars for juvenile justice programs.
I opposed this bill in the House once and I will oppose it here again
today in this form. I oppose automatically trying any juvenile as an
adult, and I believe that a juvenile court judge, not the legislature
should make these decisions in a case by case basis. Furthermore,
available studies show that transferring juveniles to adult court
actually increases crime. One study has shown that juveniles who are
waived to adult court recidivate sooner and more severely than
juveniles who are retained in juvenile court who were comparable in
terms of most serious offense for which the transfer was made, number
of prior referrals to the juvenile justice system, most serious prior
offense, age, gender and race.
For these reasons, I oppose the Republican's efforts to attach these
dangerous provisions to the Senate Bill 2073. Adding H.R. 3 provisions
to S. 2073 will only serve to doom the passage of S. 2073 and subvert
the regular legislative process for consideration of S. 10. I urge all
my colleagues to oppose the substitute version of S. 2073 on the
Suspension Calendar today.
Mr. SCOTT. Mr. Speaker, I yield myself the balance of my time.
The SPEAKER pro tempore (Mr. Shimkus). The gentleman from Virginia
(Mr. Scott) is recognized for 1 minute.
Mr. SCOTT. Mr. Speaker, in closing I would just like to recommend
that we review the bill and would notice that the bill started off with
a simple reauthorization of the National Center for Missing and
Exploited Children and Runaway and Homeless Youth Act. We also had
passed here legislation, H.R. 1818, a prevention bill which will
protect children and also reduce crime which included the National
Center and the Runaway and Homeless Youth Act. We should pass those.
But unfortunately we have in this bill the addition of H.R. 3 which has
the incredible result of giving children less time and increasing the
crime rate with a study showing those increased crimes will be
committed sooner and be more violent.
We need to vote ``no'' on this motion to suspend the rules and then
pass the reauthorization of the National Center and the Runaway and
Homeless Youth Act and then pass H.R. 1818 and forget about H.R. 3.
Mr. McCOLLUM. Mr. Speaker, I yield myself the balance of my time.
Mr. Speaker, I want to make a clarification of some things that I
think people have perhaps misunderstood about this legislation. It is a
combined bill. It is two bills that have already passed the House. One
of them is prevention, very heavy, very good, Office of Juvenile
Justice, delinquency prevention is reauthorized and a lot of good
things have come out of the committee that has jurisdiction over that.
Our committee that has jurisdiction over H.R. 3 is a juvenile justice
bill dealing with helping the States to improve their juvenile justice
systems that I believe are broken. There is nothing in this bill,
nothing whatsoever, that would require or permit the commingling of
juveniles who are incarcerated with adult prisoners. That has been a
debate in the past, but I want to assure the Members there is nothing
in here that does that. In fact, H.R. 1818 which is part of this bill
actually has provisions that would prohibit it; and H.R. 3 which is
incorporated is silent on that issue because it does not deal with that
subject. But there is nothing in here to commingle.
Secondly, we already have passed a bill in the past Congress but it
was not all the way through, we passed it in the House and now there is
an appropriations that went through last year for $230 million under
H.R. 3's auspices, the same basic qualifying language, or very close to
it, and every State is qualified. So to say, as I think some seem to
believe, that States would not qualify under this bill for the grant
program, I think, is mistaken.
Thirdly, this is not a bill to lock people up for a long period of
time who are juveniles, though there is a problem with that. This is a
bill designed precisely for another reason. The H.R. 3 portion of this,
juvenile justice, is to help repair the broken juvenile justice system
by making sure the misdemeanor crimes, the spray painting, graffiti,
the writing on a wall, the running over of a parking meter, the
throwing of a rock through a window, that that type of offense gets the
attention that it is not getting today; that kids get consequences back
into their system again so that they know when they commit these minor
crimes early on that they do not go on to commit greater crimes which
is unfortunately the problem now because the juvenile justice systems
are overworked.
But the reality is that the result of the system being overworked is
that we have more juvenile offenders who are committing violent crimes
than ever before. Only 10 percent of violent juvenile offenders, those
who commit murder, rape, arson and assault, receive any sort of secure
confinement today. Rates of secure confinement for violent juveniles
are the same as they were in 1985 and actually decreased last year.
Many juveniles receive no punishment at all. Nearly 40 percent of
juvenile violent offenders who came into contact with the system the
last time we saw the study have had their cases dismissed and the
average length of institutionalization for a juvenile who has committed
a violent crime is only 353 days. To me that says the system is truly
broken in the sense that we are not dealing with the violent ones
properly, and we are also not dealing with the ones who are not violent
which is the basic thrust of this bill.
The reality, too, is because we are not dealing with the misdemeanor
miscreants in this country properly, we get older teenagers, ages 17 to
19, who are the most violent age group of all. There is more murder and
robbery committed in that 18-year-old age group than any other group,
and teenagers generally account for the largest portion of all violent
crime in America. Throughout the next decade, the experts all tell us
there is going to be a tremendous upsurge in juvenile crime if we do
not do something about it because the demographics show we are going to
have a lot more teenagers.
This bill is a good bill. It is a balanced bill between prevention
and juvenile justice and it is an effort to put consequences back into
the juvenile justice system and help the States repair it. Essentially
the H.R. 3 portion of this bill is a grant program already in part
implemented by the appropriators last Congress that would go on for the
next three years of $500 million a year to the States to do as they see
[[Page H7745]]
fit with that money to improve their juvenile justice systems, to hire
more judges, more prosecutors, have more detention space, more
probation officers, whatever they want to do, whatever they need to do,
it is their choice. All they have to do to qualify essentially is to
provide assurances to the Attorney General that they are punishing
those early misdemeanor crimes.
I urge the adoption of this bill. It needs to be passed. It needs to
be passed now.
Mr. GREENWOOD. Mr. Speaker, I rise today to support S. 2073, as
amended. More than a year ago this House overwhelmingly passed H.R. 3
and H.R. 1818. H.R. 3, the Juvenile Crime Control Act of 1997,
sponsored by Congressman Bill McCollum, focused on the punishment of
juvenile offenders. H.R. 1818, The Juvenile Crime Control and
Delinquency Prevention Act, provided a balance to punishment by
focusing on prevention of juvenile delinquency. H.r. 1818 was designed
to assist States and local communities to develop strategies to combat
juvenile crime through a wide range of prevention and intervention
programs. The Senate has yet to pass companion legislation and we have
a limited number of days remaining in this session. I support the
procedure we are using today to allow us to get to Conference with the
Senate to produce legislation that provides both appropriate punishment
for juvenile offenders and the development of intervention and
prevention programs to prevent our children from becoming involved in
delinquent activities.
H.R. 1818 is a bipartisan bill--it was the result of many hours of
discussions between Congressmen Riggs, Martinez, Scott, and myself. The
bill represents good policy. In developing this bill we attempted to
strike a balance in dealing with children, young people who grow up and
come before the juvenile justice system, and tried to recognize that
some of these children, at ages 16 and 17, are already very vicious and
dangerous criminals. Other children who come before the juvenile
justice system are harmless and scared and running away from abuse at
home. It is an extraordinarily difficult task to create a juvenile
justice system in each of the states and in each of the counties that
can respond to these very, very different young people caught up in the
law.
We recognized that we needed to build some flexibility into the
system, enough flexibility to allow the local officials to use their
own good judgement based on the realities of each situation, and yet
not give them so much flexibility that harm could be done to the child.
We dealt with very sensitive issues like the deinstitutionalization of
status offenders, how to address the over representation of minorities
in the juvenile justice system, and determining the correct balance
between block granting funds to the states and keeping some strings
attached.
I believe we found that balance. We have found a way to provide the
additional flexibility that our local officials need, still protect
society from dangerous teenagers, while protecting scared kids from
overly harsh treatment in our juvenile justice system.
A few months ago I chaired a Subcommittee on Early Childhood, Youth
and Families hearing on ``Understanding Violent Children'' for Chairman
Riggs. Most witnesses testified to the need for early intervention and
prevention programs directed at students with a potential for violence.
This legislation will allow for those activities.
I urge my colleagues to support this legislation.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Pennsylvania (Mr. Goodling) that the House suspend the
rules and pass the Senate bill, S. 2073, as amended.
The question was taken.
Mr. SCOTT. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 5 of rule I and the
Chair's prior announcement, further proceedings on this motion will be
postponed.
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