[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.

                          ____________________