[Congressional Record Volume 147, Number 96 (Wednesday, July 11, 2001)]
[Senate]
[Pages S7496-S7518]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mrs. FEINSTEIN (for herself and Mr. Thompson):
S. 1162. A bill to repeal the requirement relating to specific
statutory authorization for increases in judicial salaries, to provide
for automatic annual increases for judicial salaries, to provide for a
9.6 percent increase in judicial salaries, and for other purposes; to
the Committee on the Judiciary.
Mrs. FEINSTEIN. Mr. President, I rise, along with Senator Thompson,
to introduce legislation to restore pay equity for our Federal judges.
This legislation would guarantee judges automatic and annual cost-of-
living adjustments, COLAs, just like other rank-and-file Federal
employees.
In addition, the legislation would end a decade of Federal judicial
salary neglect by giving judges a one-time salary increase of 9.6
percent. In the past decade, Congress has denied COLAs for judges in
four separate years, in 1994, 1995, 1996, and 1998. This bill would
restore to Federal justices the four COLAs they have lost.
In his year-end report on the state of the Federal Judiciary, Chief
Justice William Rehnquist called the ``the need to increase judicial
salaries'' the most pressing issue facing the Federal judiciary.
Simply put, while government service offers its own rewards, we
should not create financial disincentives to service on the Federal
bench.
Federal judges bear enormous responsibility as they preside over the
most pressing legal issues. Often, they must render life-or-death
decisions or preside over cases with millions of dollars at stake. For
this vitally important work, they deserve appropriate compensation.
Recently, Congress took some action to restore equity in Federal
salaries by doubling the salary of the President of the United States
from $200,000 to $400,000.
Congress should now consider an appropriate pay adjustment for the
Federal judiciary. As of January 2001, Federal district judges receive
an annual salary of $145,000. If judges had received the COLAs to which
they were entitled, a Federal District judge's salary would actually be
$164,700, nearly $20,000 higher.
Now, $145,000 is a lot more money than the salary of a typical worker
but it is not so high when you compare it to equivalent positions of
authority in the private sector. For example, the average partner in a
major national law firm earns well over $500,000 per year.
It is even more striking to note that major national law firms are
offering first-year associates salaries topping $125,000 a year. With
bonuses, some of these newly minted lawyers are earning more than
appellate judges.
The bottom line is that we cannot expect to keep our country's best
lawyers interested in serving on the Federal bench if we continue to
denigrate the salary of the post. Just since 1993, the salary of
Federal judges, adjusted for inflation, has declined by 13 percent.
Not surprisingly, more and more judges are leaving the Federal bench.
Between 1991 and 2000, 52 Federal judges resigned their seats, many of
them for the purposes of returning to private practice. These 52 judges
represent 40 percent of the 125 Federal judges who have left the bench
since 1965.
Attorneys should not expect to become wealthy through an appointment
as a Federal judge. Neither should judges expect to have their salaries
eroded by Congress' failure to give them Cost-of-Living Adjustments.
Preserving judicial salaries is vital to maintaining the high quality
of our Federal judiciary. I look forward to working with my colleagues
in the Senate to restore fairness to judicial compensation.
______
By Mr. CORZINE (for himself, Mr. Carper, and Mr. Schumer):
S. 1163. A bill to increase the mortgage loan limits under the
National Housing Act for multifamily housing mortgage insurance; to the
Committee on Banking, Housing, and Urban Affairs.
Mr. CORZINE. Mr. President, I am pleased to join with my
distinguished colleague, Senator Carper, in introducing legislation,
the FHA Multifamily Housing Loan Limit Adjustment Act, that would
improve access to affordable housing.
Our Nation currently faces a critical housing shortage. A report
released recently by the Center for Housing Policy, ``Housing America's
Working Families,'' documented the overwhelming need for affordable
housing. The report indicates that in 1997, nearly 14 million families
had a critical housing need, meaning they either lived in substandard
housing conditions or spent
[[Page S7497]]
more than half their monthly income on the cost of housing. The FHA
Multifamily Housing Loan Limit Adjustment Act would provide America's
working families with increased access to affordable rental housing.
The bill is simple, it increases by 25 percent the statutory limits
for multifamily project loans that can be insured by the FHA. This
increase reflects the increased costs associated with the production of
multifamily units since 1992, when these limits were last revised. The
bill also would index the loan limits for inflation and increases to
the Annual Construction Cost Index, which is published by the Census
Bureau.
Rising construction costs have resulted in a shortage of moderately
priced affordable rental units. Rent increases now exceed inflation in
all regions of the country, and new affordable rental units have become
increasingly harder to find. Because of the current dollar limits on
loans, FHA insurance cannot be used to help finance construction in
high-cost urban areas such as the New York/New Jersey metropolitan
area, Philadelphia and San Francisco.
By increasing the limits on loans for rental housing we will create
more incentives for public/private investment in communities through
America and spur the new production of cooperative housing projects,
rental housing for the elderly, and new construction or substantial
rehabilitation of apartments by for- and non-profit entities.
Late last year, Congress sought, through a number of initiatives, to
implement programs aimed at increasing the production of affordable
housing for the millions of Americans who currently face critical
housing needs. For example, we expanded the Low Income Housing Tax
Credit, the one Federal program designed to produce new housing. We
also increased the supply of housing vouchers. However, these programs
were targeted largely at families with very low incomes. Currently,
there are no programs designed specifically to provide access to
affordable rental housing for America's working middle class, the
people who serve as the engine of our nation's economy. Far too many of
these individuals, including vital municipal workers like teachers,
nurses and police officers, are struggling to gain access to affordable
housing even remotely near where they work.
Without this much-needed adjustment to the FHA multifamily loan
limits, access to affordable housing for our working-citizens will
continue to lag, thousands of more families will join the 14 million
people who currently face severe housing needs and our nation's economy
will suffer.
This bill is modeled after bipartisan legislation introduced in the
House by my colleague from New Jersey, Congresswoman Marge Roukema, and
Congressman Barney Frank of Massachusetts. The bill is supported by
housing and community advocates and has also been endorsed by the
National Association of Home Builders, the National Association of
Realtors, and the Mortgage Bankers Association.
I hope my Senate colleagues will support the legislation and help us
ensure that America's working families have access to affordable
housing.
Mr. CARPER. Mr. President, I am very pleased to join today with my
distinguished colleague from new Jersey to introduce the FHA
Multifamily Housing Mortgage Loan Limit Adjustment Act of 2001.
A recent report published by the National Housing Conference's Center
for Housing Policy found that in 1997, nearly 14 million families
either lived in substandard housing or spent more than half of their
monthly income on housing costs. This affordable housing shortage also
comes at a time of limited resources. Thus, we have to find the best
use of each dollar at our disposal, as well as the most effective use
of existing Federal programs to stimulate new production and
substantial rehabilitation.
The Federal Housing Administration's, FHA, multifamily mortgage
insurance is an important financing device for housing production.
Unfortunately, production through this public/private partnership has
been low in recent years. One of the reasons for FHA's absence from the
rental housing market is that the multifamily loan limits have not been
increased since 1992. While the annual Construction Cost Index,
published by the Census Bureau, has increased over 23 percent since
1992, FHA's multifamily loan limits have remained static.
These rising construction costs have contributed to FHA's inability
to be a significant participant in the production of multifamily
housing. Increasing these loan limits by 25 percent, as this
legislation does, is something Congress can do today to address
immediately the shortage is affordable rental housing. This bill
modifies a current federal program, FHA multifamily insurance, to make
that program more effective. Importantly, this legislation also indexes
the loan limits to the Annual Construction Cost Index.
I ask my colleagues to join with Senator Corzine and me to increase
these multifamily loan limits so that more working families will have
access to affordable rental housing.
______
By Mr. EDWARDS:
S. 1164. A bill to provide for the enhanced protection of the privacy
of location information of users of location-based services and
applications, and for other purposes; to the Committee on Commerce,
Science, and Transportation.
Mr. EDWARDS. Mr. President, I rise today to introduce much-needed
legislation to protect the privacy of consumers who use technologies
that can pinpoint their location. Under my bill, the Location Privacy
Protection Act, any company that monitors consumers' physical location
will be prohibited from using or disclosing that information without
express permission from the consumer. And third parties that gain
access to the information cannot use or disclose it without the
individual's permission first.
Within the next few years, new technologies will allow companies to
know our location any time of day or night. Our cell phones, pagers,
cars, palm pilots and other devices will enable companies to constantly
track where we go and how often we go there. These services can have
enormous advantages. For example, public safety and rescue teams can
save lives with systems that enable them to quickly locate crash
victims. Imagine being able to ask your cell phone for directions to
the nearest Italian restaurant. Or imagine you are traveling in a new
city and your pager alerts you when you are within a block of your
favorite coffee shop, which happens to be running a sale on coffee. The
possibilities for location-based services and application are endless.
But these new technologies also raise serious privacy issues.
Location information is very private, sensitive information that can be
misused to harass consumers with unwanted solicitations or to draw
inaccurate or embarrassing inferences about them. And in extreme cases,
improper disclosure of location information to a domestic abuser or
stalker could place a person in physical danger.
The wireless industry is unique in that it has worked with Congress
to guarantee some privacy protections in the law, and it should be
commended for recognizing the sensitivity of location information.
However, although these laws are a good first step, we need to build on
them and strengthen them. For example, although under the law customers
must give their permission before wireless carriers can use or disclose
their location information, the law does not require carriers to
clearly notify consumers about how their location information will be
used if they do grant their permission. Consumers also have no control
over what happens to their information once third parties gain access
to it. These parties are free to share it with anyone they please. And
shockingly, there are no laws that protect the privacy of users of new
technologies like telematics, services that allow drivers to get
directions at the push of a button in their cars, and global
positioning systems.
My legislation puts control over location information in the hands of
the consumer. It requires the FCC to issue new regulations prohibiting
all providers of location-based services and applications from
collecting, using, disclosing, or retaining location information
without the customer's permission first. And customers must be given
clear and conspicuous notice about what the company is going to do
[[Page S7498]]
with their location information. Customers also will have the right to
ensure the accuracy of the information that is collected and companies
will be required to keep that information safe from unauthorized
access.
Third parties will not be able to use or disclose location
information without prior authorization from the customer. In this
regard, my bill makes an exception if the third party is an emergency
service. I believe that the FCC must be very careful not to interfere
with the laws that have been carefully crafted to allow emergency
medical rescue teams, public safety, fire services, hospital emergency
facilities and other emergency services to respond to the user's call
for help. These laws are critical to saving lives and I believe we
should do everything we can to make sure they work.
I would also like to point out that while my bill requires that the
FCC rules not interfere with the ability of law enforcement to obtain
location information pursuant to an appropriate court order, it does
not provide the FCC with extraordinary authority to control when law
enforcement can and cannot gain access to location information.
Although I have concerns about unnecessary and surreptitious government
surveillance, I believe that this issue is best addressed either
separately, or at a later date. The purpose of my bill is primarily to
lay down guidelines for when private persons, such as businesses, are
able to use and disclose consumers' location information.
The law needs to be strengthened, and we have the opportunity to do
so while these location-based technologies are in their infancy. We
have a unique opportunity to give consumers power over their location
information before its commercial value becomes so great that it is
impossible for consumers to prevent the buying and selling of this very
personal information.
In sum, I believe the Location Privacy Protection Act is a common
sense measure offered at an ideal time. I know that wireless carriers
and many companies such as OnStar, ATX, Qualcomm and others care deeply
about privacy. I applaud them for their efforts and I look forward to
continuing working with them on this issue.
I ask unanimous consent that the text bill be printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 1164
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Location Privacy Protection
Act of 2001''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Location-based services and applications allow
customers to receive services based on their geographic
location, position, or known presence. Telematics devices,
for instance, permit subscribers in vehicles to obtain
emergency road assistance, driving directions, or other
information with the push of a button. Other devices, such as
those with Internet access, support position commerce in
which notification of points of interest or promotions can be
provided to customers based on their known presence or
geographic location.
(2) There is a substantial Federal interest in safeguarding
the privacy right of customers of location-based services or
applications to control the collection, use, retention of,
disclosure of, and access to their location information.
Location information is nonpublic information that can be
misused to commit fraud, to harass consumers with unwanted
messages, to draw embarrassing or inaccurate inferences about
them, or to discriminate against them. Improper disclosure of
or access to location information could also place a person
in physical danger. For example, location information could
be misused by stalkers or by domestic abusers.
(3) The collection or retention of unnecessary location
information magnifies the risk of its misuse or improper
disclosure.
(4) Congress has recognized the right to privacy of
location information by classifying location information as
customer proprietary network information subject to section
222 of the Communications Act of 1934 (47 U.S.C. 222),
thereby preventing use or disclosure of that information
without a customer's express prior authorization.
(5) There is a substantial Federal interest in promoting
fair competition in the provision of wireless services and in
ensuring the consumer confidence necessary to ensure
continued growth in the use of wireless services. These goals
can be attained by establishing a set of privacy rules that
apply to wireless location information, regardless of
technology, and to all entities and services that generate or
receive access to such information.
(6) It is in the public interest that the Federal
Communications Commission establish comprehensive rules to
protect the privacy of customers of location-based services
and applications and thereby enable customers to realize more
fully the benefits of location services and applications.
SEC. 3. PROTECTION OF LOCATION INFORMATION PRIVACY.
(a) Rulemaking Required.--Not later than 180 days after the
date of the enactment of this Act, the Federal Communications
Commission shall complete a rulemaking proceeding for
purposes of further protecting the privacy of location
information.
(b) Elements.--
(1) In general.--Subject to the provisions of paragraph
(2), the rules prescribed by the Commission under subsection
(a) shall--
(A) require providers of location-based services and
applications to inform customers, with clear and conspicuous
notice, about their policies on the collection, use,
disclosure of, retention of, and access to customer location
information;
(B) require providers of location-based services and
applications to obtain a customer's express authorization
before--
(i) collecting, using, or retaining the customer's location
information; or
(ii) disclosing or permitting access to the customer's
location information to any person who is not a party to, or
who is not necessary to the performance of, the service
contract between the customer and such provider;
(C) require that all providers of location-based services
or applications--
(i) restrict any collection, use, disclosure of, retention
of, and access to customer location information to the
specific purpose that is the subject of the express
authorization of the customer concerned; and
(ii) not subsequently release a customer's location
information for any purpose beyond the purpose for which the
customer provided express authorization;
(D) ensure the security and integrity of location data, and
give customers reasonable access to their location data for
purposes of verifying the accuracy of, or deleting, such
data;
(E) be technology neutral to ensure uniform privacy rules
and expectations and provide the framework for fair
competition among similar services;
(F) require that aggregated location information not be
disaggregated through any means into individual location
information for any commercial purpose; and
(G) not impede customers from readily utilizing location-
based services or applications.
(2) Permitted uses.--The rules prescribed under subsection
(a) may permit the collection, use, retention, disclosure of,
or access to a customer's location information without prior
notice or consent to the extent necessary to--
(A) provide the service from which such information is
derived, or to provide the location-based service that the
customer is accessing;
(B) initiate, render, bill, and collect for the location-
based service or application;
(C) protect the rights or property of the provider of the
location-based service or application, or protect customers
of the service or application from fraudulent, abusive, or
unlawful use of, or subscription to, the service or
application;
(D) produce aggregate location information; and
(E) comply with an appropriate court order.
(3) Additional requirement.--Under the rules prescribed
under subsection (a), any third party receiving, or receiving
access to, a customer's location information from a provider
of location services or applications pursuant to the express
authorization of the customer, shall not disclose or permit
access to such information to any other person without the
express authorization of the customer.
(4) Express authorization.--
(A) Form.--For purposes of the rules prescribed under
subsection (a) and section 222(f) of the Communications Act
of 1934 (47 U.S.C. 222(f)), the Commission shall specify the
appropriate methods, whether technological or otherwise, by
which a customer may provide express prior authorization.
Such methods may include a written or electronically signed
service agreement or other contractual instrument.
(B) Modification or revocation.--Under the rules prescribed
under subsection (a), a customer shall have the power to
modify or revoke at any time an express authorization given
by the customer under the rules.
(c) Application of Rules.--The rules prescribed by the
Commission under subsection (a) shall apply to any person
that provides a location-based service or application,
whether or not such person is also a provider of commercial
mobile service (as that term is defined in section 332(d) of
the Communications Act of 1934 (47 U.S.C. 332(d)).
(d) Relationship to Wireless Communications and Public
Safety Act of 1999.--The rules prescribed by the Commission
under subsection (a) shall be consistent with the amendments
to section 222 of the Communications Act of 1934 (47 U.S.C.
222) made by section 5 of the Wireless Communications and
Public Safety Act of 1999 (Public Law
[[Page S7499]]
106-81; 113 Stat. 1288), including the provisions of section
222(d)(4) of the Communications Act of 1934, as so amended,
permitting use, disclosure, and access to location
information by public safety, fire services, and other
emergency services providers for purposes specified in
subparagraphs (A), (B), and (C) of such section 222(d)(4).
(e) State and Local Requirements.--
(1) In general.--No State or local government may adopt or
enforce any law, regulation, or other legal requirement
addressing the privacy of wireless location information that
is inconsistent with the rules prescribed by the Commission
under subsection (a).
(2) Preemption.--Any law, regulation, or requirement
referred to in paragraph (1) that is in effect on the date of
the enactment of this Act shall be preempted and superseded
as of the effective date of the rules prescribed by the
Commission under subsection (a).
(f) Definitions.--In this section:
(1) Aggregate location information.--The term ``aggregate
location information'' means a collection of location data
relating to a group or category of customers from which
individual customer identities have been removed.
(2) Customer.--The term ``customer'', in the case of the
provision of a location-based service or application with
respect to a device, means the person entering into the
contract or agreement with the provider of the location-based
service or application for provision of the location-based
service or application for the device.
______
By Mr. BIDEN (for himself, Mr. Kohl, and Mr. Reed):
S. 1165. A bill to prevent juvenile crime, promote accountability by
and rehabilitation of juvenile crime, punish and deter violent gang
crime, and for other purposes; to the Committee on the Judiciary.
Mr. BIDEN. Mr. President, I rise today to introduce, along with
Senator Kohl and Senator Reed, the Juvenile Crime Prevention and
Control Act of 2001. This is a balanced bill that recognizes the need
to get tough on juvenile crime and violence, attempts to break the
dangerous link between kids and guns, and, most importantly, puts the
Federal Government firmly behind the proposition that preventing
juvenile violence is the most effective crime fighting measure any of
us could craft.
Before I discuss the specifics of the bill, let me give a brief
overview of the current state of juvenile crime in America. Juvenile
crime, like almost all other categories of crime, is down. Last
December, the FBI released statistics that show the homicide arrest
rate for juveniles down 68 percent from its 1993 peak. We are now
experiencing the lowest rate of juvenile homicide arrests since 1966.
Between 1994 and 1999, the arrest rate of juveniles for violent crimes,
murder, rape, robbery, and aggravated assault, dropped 36 percent.
These statistics have not eased public concern about the scope and
nature of juvenile crime. One 1998 poll showed that 62 percent of those
asked believed juvenile crime was increasing. A poll conducted in 1999
revealed that 71 percent thought it likely that a shooting could occur
in a school in their community. In the face of these popular
perceptions, the Education Department reports that American children
face a one in 2 million chance of being killed in their school.
Why the disparity? There are several reasons, in my opinion. First,
and probably most importantly, while arrests of juveniles are
unquestionably down, juvenile crime is still too high. The incidence of
the most common crime committed by juveniles, property offenses,
changed little throughout the last two decades. The rate of juvenile
violent crime arrests has not yet returned to its 1988 level.
Second, and this cannot be understated, too many of our kids have
access to guns, and those guns are finding their way into our Nation's
schools at an alarming rate. A report released last year by the
Education Department revealed that over 3,500 students were expelled in
1998 and 1999 for bringing guns to school, that's an average of 88 kids
per week. The juvenile arrest rate for weapons crimes fell 39 percent
from 1993 to 1999, but it too has not yet returned to 1988's low point.
Third, the American people understand that crime cannot stay down
forever. I like to say that fighting crime is like mowing the grass, If
you don't keep at it, it's going to come back up. We have good,
demographic reasons to think this is particularly true in the case of
juvenile crime. Today, there are approximately 39 million children
younger than age 10. These kids, the children of the baby boom
generation, stand on the edge of their teen years, the years when every
reliable study reveals they are most at-risk of turning to drugs and
crime.
What does this mean for juvenile crime? Even if we do everything
right, even if we fund programs that work, put incorrigible juveniles
behind bars, crack down on gun crimes, the demographic inevitability of
this so-called ``baby boomerang" means there is likely to be a 20
percent increase in juvenile murders by 2005. Such a jump would
increase the overall murder rate by 5 percent. Our challenge is to make
sure that does not happen.
We need to take another look at the Juvenile Justice and Delinquency
Prevention Act of 1974. That Act expired on September 30, 1996, and,
despite the good efforts of several Congresses, Members on both sides
of the aisle, and the prior Administration, it has not been
reauthorized. We should get that job done in the 107th Congress. The
bill I introduce today includes provisions to reauthorize the Act, to
fine tune some of its grant provisions, and to make some common sense
changes to our firearms laws, changes that respect the rights of gun
owners.
My bill reauthorizes the Community Prevention Grant Program, commonly
known as Title V. It funds this critical juvenile crime prevention
initiative at $250,000,000 per year for the next six years and mandates
that no State would receive less than $200,000 in annual prevention
grants. These funding levels would more than double juvenile crime
prevention funding, enough resources for localities to implement a
comprehensive delinquency prevention strategy and then fund smart
prevention programs that work. In Delaware, Title V funds have been
used to sponsor programs to reduce school violence, provide transition
counseling to students returning to their local school from alternative
school placement, reduce suspensions, expulsions, truancy, and teen
pregnancy, and provide services to the children of incarcerated adult
offenders. Prevention is the key to keeping our juvenile crime rate
down, and we need to extend Title V to guarantee that these funds
continue to flow to States and localities.
The bill also reauthorizes the Formula Grant Program for the next six
years at $200,000,000 per year. I have included provisions to expand
the permissible uses of these funds so as to make clear that employment
training, mental health treatment, and other effective programs that
meet the needs of children and youth in the juvenile system could be
funded. The bill reauthorizes gang prevention programs and emphasizes
the disruption and prosecution of gangs. It extends the juvenile
justice mentoring program, and adds a pilot program to encourage and
develop mentoring initiatives that focus on entire families. The bill
also includes funds for grants to States to upgrade and enhance their
juvenile felony criminal record histories.
My bill includes important provisions to continue the core
protections for incarcerated youths that were included in the original
Juvenile Justice and Delinquency Prevention Act of 1974. It continues
the Act's function of protecting children from abuse and assault by
adults in jails by prohibiting any contact between juveniles and adult
inmates. The bill ensures that children are not detained in any jail or
lockup for adults, except for very limited periods of time and under
very limited circumstances. And it continues current law's requirement
that States address the disproportionate number of minority children in
confinement.
The bill authorizes $500,000,000 per year over the next six years for
the Juvenile Accountability Block Grant program. Funded for the past
three fiscal years, this program has never been authorized. Its purpose
is to strengthen State juvenile justice systems. States would receive
funds as long as they implement or consider implementing graduated
sanctions, though this condition can be met through a reporting
requirement. The language I have included in my bill is drawn from H.R.
863, a measure which is currently working its way through the other
body. I am supportive of that measure, as it will provide much needed
funds for States to hire additional prosecutors, juvenile court judges,
probation officers, and court-appointed defenders and special
advocates. In years past, my State has used these funds to establish
[[Page S7500]]
a Serious Juvenile Offender program through the Delaware Division of
Youth Rehabilitative Services, which provides an immediate secure
placement of violent youth offenders who have violated the terms of
their probation. Delaware has also used these funds to expand
diversionary programs such as Teen Court and Drug Court, thus reducing
the time between arrest and disposition of juvenile offenders, and to
add psycho-forensic evaluators in the Delaware Office of the Public
Defender to identify and address mental illness as a cause for
delinquent conduct. This is a good program and it needs to be
authorized.
My bill also reauthorizes the Violent Crime Reduction Trust Fund. The
Trust Fund, created in the 1994 Crime Bill, has been the key to our
successful fight against crime over the past several years.
Unfortunately, it expired in 2000. The Violent Crime Reduction Trust
Fund was the vehicle for providing billions of dollars to State and
local governments to implement a variety of law enforcement and crime-
fighting initiative, from the COPS program to the Violence Against
Women Act to youth violence programs. Without the Trust Fund, I fear we
may not have the resources necessary to continue our struggle to keep
our streets safe. I am pleased to include provisions in this bill that
will extend the Fund through fiscal year 2007.
Finally, the bill I am introducing today includes several common
sense gun safety provisions. First, it incorporates Senator Reed's Gun
Show Background Check Act. This language will ensure that criminals
cannot purchase guns at gun shows, and I applaud Senator Reed for his
leadership in this area. Second, I have included Senator Kohl's Child
Safety Lock Act. This moderate provision would require handguns to be
sold with government-certified trigger locks. Studies indicate trigger
locks save lives; I was pleased to see the Administration's endorsement
of this idea in its budget request for the upcoming fiscal year; and I
thank Senator Kohl for including his bill in this larger measure today.
Third, the bill would extend the Brady Law to dangerous juvenile
offenders. This provision would make it unlawful for any person
adjudicated a juvenile delinquent for serious drug offenses or violent
felonies to possess firearms. This is an important step toward getting
guns out of the hands of criminals, and its enactment will prevent
violent juveniles from accessing weapons and thus make it difficult for
them to commit gun crimes as adults.
This is not a perfect bill, and I am not wedded to each and every
line. I welcome comments from my colleagues, the juvenile justice
community, and anyone interested in preventing and controlling juvenile
crime. I am committed, however, to renewing our efforts to keep our
children and our communities safe from crime and violence. I am
committed to protecting our kids through meaningful prevention and
intervention programs, to cracking down on drugs and the violence that
accompanies them, and to ensuring that meaningful, appropriate and
swift punishment is imposed on all juvenile offenders. I believe the
Juvenile Crime Prevention and Control Act that I introduce today is an
important step toward accomplishing these goals.
I ask unanimous consent that the text of the bill be printed in the
Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 1165
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Juvenile
Crime Prevention and Control Act of 2001''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
TITLE I--JUVENILE CRIME PREVENTION AND CONTROL
Sec. 101. Findings; declaration of purpose; definitions.
Sec. 102. Juvenile crime control and prevention.
Sec. 103. Juvenile offender accountability.
Sec. 104. Extension of violent crime reduction trust fund.
TITLE II--PROTECTING CHILDREN FROM VIOLENCE
Subtitle A--Gun Show Background Checks
Sec. 201. Short title.
Sec. 202. Findings.
Sec. 203. Extension of brady background checks to gun shows.
Subtitle B--Gun Ban for Dangerous Juvenile Offenders
Sec. 211. Permanent prohibition on firearms transfers to or possession
by dangerous juvenile offenders.
Subtitle C--Child Safety Locks
Sec. 221. Short title.
Sec. 222. Requirement of child handgun safety locks.
Sec. 223. Amendment of consumer product safety act.
TITLE I--JUVENILE CRIME PREVENTION AND CONTROL
SEC. 101. FINDINGS; DECLARATION OF PURPOSE; DEFINITIONS.
Title I of the Juvenile Justice and Delinquency Prevention
Act of 1974 (42 U.S.C. 5601 et seq.) is amended to read as
follows:
``TITLE I--FINDINGS AND DECLARATION OF PURPOSE
``SEC. 101. FINDINGS.
``Congress finds that--
``(1) the juvenile crime problem should be addressed
through a 2-track common sense approach that addresses the
needs of individual juveniles and society at large by
promoting--
``(A) quality prevention programs that--
``(i) work with juveniles, their families, local public
agencies, and community-based organizations, and take into
consideration such factors as whether juveniles have ever
been the victims of family violence (including child abuse
and neglect); and
``(ii) are designed to reduce risks and develop
competencies in at-risk juveniles that will prevent, and
reduce the rate of, violent delinquent behavior; and
``(B) programs that assist in holding juveniles accountable
for their actions, including a system of graduated sanctions
to respond to each delinquent act, requiring juveniles to
make restitution, or perform community service, for the
damage caused by their delinquent acts, and methods for
increasing victim satisfaction with respect to the penalties
imposed on juveniles for their acts; and
``(2) action is required now to reform the Federal juvenile
justice program by focusing on juvenile delinquency
prevention programs, as well as programs that hold juveniles
accountable for their acts.
``SEC. 102. PURPOSES.
``The purposes of this Act are--
``(1) to support State and local programs that prevent
juvenile involvement in delinquent behavior;
``(2) to assist State and local governments in promoting
public safety by encouraging accountability for acts of
juvenile delinquency; and
``(3) to assist State and local governments in addressing
juvenile crime through the provision of technical assistance,
research, training, evaluation, and the dissemination of
information on effective programs for combating juvenile
delinquency.
``SEC. 103. DEFINITIONS.
``In this Act:
``(1) Administrator.--The term `Administrator' means the
Administrator of the Office of Juvenile Crime Control and
Prevention, appointed in accordance with section 201.
``(2) Adult inmate.--The term `adult inmate' means an
individual who--
``(A) has reached the age of full criminal responsibility
under applicable State law; and
``(B) has been arrested and is in custody for, awaiting
trial on, or convicted of criminal charges.
``(3) Bureau of justice assistance.--The term `Bureau of
Justice Assistance' means the bureau established by section
401 of title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3741).
``(4) Bureau of justice statistics.--The term `Bureau of
Justice Statistics' means the bureau established by section
302(a) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3732(a)).
``(5) Collocated facilities.--The term `collocated
facilities' means facilities that are located in the same
building, or are part of a related complex of buildings
located on the same grounds.
``(6) Combination.--The term `combination' as applied to
States or units of local government means any grouping or
joining together of States or units of local government for
the purpose of preparing, developing, or implementing a
juvenile crime control and delinquency prevention plan.
``(7) Community-based.--The term `community-based'
facility, program, or service means a small, open group home
or other suitable place located near the home or family of
the juvenile and programs of community supervision and
service that maintain community and consumer participation in
the planning, operation, and evaluation of those programs
which may include, medical, educational, vocational, social,
and psychological guidance, training, special education,
counseling, alcoholism treatment, drug treatment, and other
rehabilitative services.
``(8) Comprehensive and coordinated system of services.--
The term `comprehensive and coordinated system of services'
means a system that--
``(A) ensures that services and funding for the prevention
and treatment of juvenile delinquency are consistent with
policy goals of
[[Page S7501]]
preserving families and providing appropriate services in the
least restrictive environment so as to simultaneously protect
juveniles and maintain public safety;
``(B) identifies, and intervenes early for the benefit of,
young children who are at risk of developing emotional or
behavioral problems because of physical or mental stress or
abuse, and for the benefit of their families;
``(C) increases interagency collaboration and family
involvement in the prevention and treatment of juvenile
delinquency; and
``(D) encourages private and public partnerships in the
delivery of services for the prevention and treatment of
juvenile delinquency.
``(9) Construction.--The term `construction' means erection
of new buildings or acquisition, expansion, remodeling, and
alteration of existing buildings, and initial equipment of
any such buildings, or any combination of such activities
(including architects' fees but not the cost of acquisition
of land for buildings).
``(10) Federal juvenile crime control, prevention, and
juvenile offender accountability program.--The term `Federal
juvenile crime control, prevention, and juvenile offender
accountability program' means any Federal program a primary
objective of which is the prevention of juvenile crime or
reduction of the incidence of arrest, the commission of
criminal acts or acts of delinquency, violence, the use of
alcohol or illegal drugs, or the involvement in gangs among
juveniles.
``(11) Gender-specific services.--The term `gender-specific
services' means services designed to address needs unique to
the gender of the individual to whom such services are
provided.
``(12) Graduated sanctions.--The term `graduated sanctions'
means an accountability-based juvenile justice system that
protects the public, and holds juvenile delinquents
accountable for acts of delinquency by providing substantial
and appropriate sanctions that are graduated in such a manner
as to reflect (for each act of delinquency or offense) the
severity or repeated nature of that act or offense, and in
which there is sufficient flexibility to allow for
individualized sanctions and services suited to the
individual juvenile offender.
``(13) Home-based alternative services.--The term `home-
based alternative services' means services provided to a
juvenile in the home of the juvenile as an alternative to
incarcerating the juvenile, and includes home detention.
``(14) Indian tribe.--The term `Indian tribe' means any
Indian tribe, band, nation, or other organized group or
community, including any Alaska Native village or regional or
village corporation as defined in or established pursuant to
the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et
seq.), that is recognized as eligible for the special
programs and services provided by the United States to
Indians because of their status as Indians.
``(15) Juvenile.--The term `juvenile' means a person who
has not attained the age of 18 years and who is subject to
delinquency proceedings under applicable State law.
``(16) Juvenile population.--The term `juvenile population'
means the population of a State under 18 years of age.
``(17) Jail or lockup for adults.--The term `jail or lockup
for adults' means a locked facility that is used by a State,
unit of local government, or any law enforcement authority to
detain or confine adults--
``(A) pending the filing of a charge of violating a
criminal law;
``(B) who are awaiting trial on a criminal charge; or
``(C) who are convicted of violating a criminal law.
``(18) Juvenile delinquency program.--The term `juvenile
delinquency program' means any program or activity related to
juvenile delinquency prevention, control, diversion,
treatment, rehabilitation, planning, education, training, and
research, including--
``(A) drug and alcohol abuse programs;
``(B) any program or activity that is designed to improve
the juvenile justice system; and
``(C) any program or activity that is designed to reduce
known risk factors for juvenile delinquent behavior, by
providing activities that build on protective factors for,
and develop competencies in, juveniles to prevent and reduce
the rate of juvenile delinquent behavior.
``(19) Law enforcement and criminal justice.--The term `law
enforcement and criminal justice' means any activity
pertaining to crime prevention, control, or reduction or the
enforcement of the criminal law, including police efforts to
prevent, control, or reduce crime or to apprehend criminals,
activities of courts having criminal jurisdiction and related
agencies (including prosecutorial and defender services),
activities of corrections, probation, or parole authorities,
and programs relating to the prevention, control, or
reduction of juvenile delinquency or narcotic addiction.
``(20) National institute of justice.--The term `National
Institute of Justice' means the institute established by
section 201 of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3721).
``(21) Nonprofit organization.--The term `nonprofit
organization' means an organization described in section
501(c)(3) of the Internal Revenue Code of 1986 that is exempt
from taxation under section 501(a) of the Internal Revenue
Code of 1986.
``(22) Office.--The term `Office' means the Office of
Juvenile Crime Control and Prevention established under
section 201.
``(23) Office of justice programs.--The term `Office of
Justice Programs' means the office established by section 101
of title I of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3711).
``(24) Outcome objective.--The term `outcome objective'
means an objective that relates to the impact of a program or
initiative, that measures the reduction of high risk
behaviors, such as incidence of arrest, the commission of
criminal acts or acts of delinquency, failure in school,
violence, the use of alcohol or illegal drugs, involvement in
youth gangs, violent and unlawful acts of animal cruelty, and
teenage pregnancy, among youth in the community.
``(25) Process objective.--The term `process objective'
means an objective that relates to the manner in which a
program or initiative is carried out, including--
``(A) an objective relating to the degree to which the
program or initiative is reaching the target population; and
``(B) an objective relating to the degree to which the
program or initiative addresses known risk factors for youth
problem behaviors and incorporates activities that inhibit
the behaviors and that build on protective factors for youth.
``(26) Prohibited physical contact.--The term `prohibited
physical contact' means--
``(A) any physical contact between a juvenile and an adult
inmate; and
``(B) proximity that provides an opportunity for physical
contact between a juvenile and an adult inmate.
``(27) Related complex of buildings.--The term `related
complex of buildings' means 2 or more buildings that share--
``(A) physical features, such as walls and fences, or
services beyond mechanical services (heating, air
conditioning, water and sewer); or
``(B) the specialized services that are allowable under
section 31.303(e)(3)(i)(C)(3) of title 28, Code of Federal
Regulations, as in effect on December 10, 1996.
``(28) Secure correctional facility.--The term `secure
correctional facility' means any public or private
residential facility that--
``(A) includes construction fixtures designed to physically
restrict the movements and activities of juveniles or other
individuals held in lawful custody in such facility; and
``(B) is used for the placement, after adjudication and
disposition, of any juvenile who has been adjudicated as
having committed an offense or any other individual convicted
of a criminal offense.
``(29) Secure detention facility.--The term `secure
detention facility' means any public or private residential
facility that--
``(A) includes construction fixtures designed to physically
restrict the movements and activities of juveniles or other
individuals held in lawful custody in such facility; and
``(B) is used for the temporary placement of any juvenile
who is accused of having committed an offense or of any other
individual accused of having committed a criminal offense.
``(30) Serious crime.--The term `serious crime' means
criminal homicide, rape or other sex offenses punishable as a
felony, mayhem, kidnapping, aggravated assault, drug
trafficking, robbery, larceny or theft punishable as a
felony, motor vehicle theft, burglary or breaking and
entering, extortion accompanied by threats of violence, and
arson punishable as a felony.
``(31) State.--The term `State' means each of the several
States of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam,
American Samoa, and the Commonwealth of the Northern Mariana
Islands.
``(32) State office.--The term `State office' means an
office designated by the chief executive officer of a State
to carry out this title, as provided in section 507 of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3757).
``(33) Sustained oral and visual contact.--The term
`sustained oral and visual contact' means the imparting or
interchange of speech by or between an adult inmate and a
juvenile, or clear visual contact between an adult inmate and
a juvenile in close proximity.
``(34) Treatment.--The term `treatment' includes medical
and other rehabilitative services designed to protect the
public, including any services designed to benefit addicts
and other users by--
``(A) eliminating their dependence on alcohol or other
addictive or nonaddictive drugs; or
``(B) controlling or reducing their dependence and
susceptibility to addiction or use.
``(35) Unit of local government.--The term `unit of local
government' means--
``(A) any city, county, township, town, borough, parish,
village, or other general purpose political subdivision of a
State;
``(B) any law enforcement district or judicial enforcement
district that--
``(i) is established under applicable State law; and
``(ii) has the authority to, in a manner independent of
other State entities, establish a budget and raise revenues;
``(C) an Indian tribe that performs law enforcement
functions, as determined by the Secretary of the Interior; or
[[Page S7502]]
``(D) for the purposes of assistance eligibility, any
agency of the government of the District of Columbia or the
Federal Government that performs law enforcement functions in
and for--
``(i) the District of Columbia; or
``(ii) any Trust Territory of the United States.
``(36) Valid court order.--The term `valid court order'
means a court order given by a juvenile court judge to a
juvenile--
``(A) who was brought before the court and made subject to
the order; and
``(B) who received, before the issuance of the order, the
full due process rights guaranteed to that juvenile by the
Constitution of the United States.
``(37) Violent crime.--The term `violent crime' means--
``(A) murder or nonnegligent manslaughter, forcible rape,
or robbery; and
``(B) aggravated assault committed with the use of a
firearm.
``(38) Youth.--The term `youth' means an individual who is
not less than 6 years of age and not more than 17 years of
age.''.
SEC. 102. JUVENILE CRIME CONTROL AND PREVENTION.
(a) In General.--Title II of the Juvenile Justice and
Delinquency Prevention Act of 1974 (42 U.S.C. 5611 et seq.)
is amended to read as follows:
``TITLE II--JUVENILE CRIME PREVENTION AND CONTROL
``PART A--OFFICE OF JUVENILE CRIME CONTROL AND PREVENTION
``SEC. 201. ESTABLISHMENT OF OFFICE.
``(a) In General.--There is established in the Department
of Justice, under the general authority of the Attorney
General, an Office of Juvenile Crime Control and Prevention.
``(b) Administrator.--
``(1) In general.--The Office shall be headed by an
Administrator, who shall be appointed by the President, by
and with the advice and consent of the Senate, from among
individuals who have had experience in juvenile delinquency
prevention and crime control programs.
``(2) Regulations.--The Administrator may prescribe
regulations consistent with this Act to award, administer,
modify, extend, terminate, monitor, evaluate, reject, or deny
all grants and contracts from, and applications for, amounts
made available under this title.
``(3) Relationship to attorney general.--The Administrator
shall have the same reporting relationship with the Attorney
General as the directors of other offices and bureaus within
the Office of Justice Programs have with the Attorney
General.
``(c) Deputy Administrator.--There shall be in the Office a
Deputy Administrator, who shall--
``(1) be appointed by the Attorney General; and
``(2) perform such functions as the Administrator may
assign or delegate and shall act as the Administrator during
the absence or disability of the Administrator.
``(d) Associate Administrator.--
``(1) In general.--There shall be in the Office an
Associate Administrator, who shall be appointed by the
Administrator, and whose position shall be treated as a
career reserved position within the meaning of section 3132
of title 5, United States Code.
``(2) Duties.--The duties of the Associate Administrator
shall include informing Congress, other Federal agencies,
outside organizations, and State and local government
officials about activities carried out by the Office.
``(e) Delegation and Assignment.--
``(1) In general.--Except as otherwise expressly prohibited
by law or otherwise provided by this title, the Administrator
may--
``(A) delegate any of the functions of the Administrator,
and any function transferred or granted to the Administrator
after the date of enactment of the Juvenile Crime Prevention
and Control Act of 2001, to such officers and employees of
the Office as the Administrator may designate; and
``(B) authorize successive redelegations of such functions
as may be necessary or appropriate.
``(2) Responsibility.--No delegation of functions by the
Administrator under this subsection or under any other
provision of this title shall relieve the Administrator of
responsibility for the administration of such functions.
``(f) Reorganization.--The Administrator may allocate or
reallocate any function transferred among the officers of the
Office, and establish, consolidate, alter, or discontinue
such organizational entities in that Office as may be
necessary or appropriate.
``SEC. 202. PERSONNEL, SPECIAL PERSONNEL, EXPERTS, AND
CONSULTANTS.
``(a) In General.--The Administrator may select, employ,
and fix the compensation of officers and employees, including
attorneys, who are necessary to perform the functions vested
in the Administrator and to prescribe the functions of those
officers and employees.
``(b) Officers.--The Administrator may select, appoint, and
employ not to exceed 4 officers and to fix the compensation
of those officers at rates not to exceed the maximum rate
payable under section 5376 of title 5, United States Code.
``(c) Detail of Federal Personnel.--Upon the request of the
Administrator, the head of any Federal agency may detail, on
a reimbursable basis, any of its personnel to the
Administrator to assist the Administrator in carrying out the
functions of the Administrator under this title.
``(d) Services.--The Administrator may obtain services as
authorized by section 3109 of title 5, United States Code, at
rates not to exceed the rate now or hereafter payable under
section 5376 of title 5, United States Code.
``SEC. 203. NATIONAL PROGRAM.
``(a) National Juvenile Crime Control, Prevention, and
Juvenile Offender Accountability Plan.--
``(1) In general.--Subject to the general authority of the
Attorney General, the Administrator shall develop objectives,
priorities, and short- and long-term plans, and shall
implement overall policy and a strategy to carry out those
plans, for all Federal juvenile crime control, prevention,
and juvenile offender accountability programs and activities
relating to improving juvenile crime control, the
rehabilitation of juvenile offenders, the prevention of
juvenile crime, and the enhancement of accountability by
offenders within the juvenile justice system in the United
States.
``(2) Contents of plans.--
``(A) In general.--Each plan described in paragraph (1)
shall--
``(i) contain specific, measurable goals and criteria for
reducing the incidence of crime and delinquency among
juveniles, improving juvenile crime control, and ensuring
accountability by offenders within the juvenile justice
system in the United States, and shall include criteria for
any discretionary grants and contracts, for conducting
research, and for carrying out other activities under this
title;
``(ii) provide for coordinating the administration of
programs and activities under this title with the
administration of all other Federal juvenile crime control,
prevention, and juvenile offender accountability programs and
activities, including proposals for joint funding to be
coordinated by the Administrator;
``(iii) provide a detailed summary and analysis of the most
recent data available regarding the number of juveniles taken
into custody, the rate at which juveniles are taken into
custody, the time served by juveniles in custody, and the
trends demonstrated by such data;
``(iv) provide a description of the activities for which
amounts are expended under this title;
``(v) provide specific information relating to the
attainment of goals set forth in the plan, including
specific, measurable standards for assessing progress toward
national juvenile crime reduction and juvenile offender
accountability goals; and
``(vi) provide for the coordination of Federal, State, and
local initiatives for the reduction of youth crime,
preventing delinquency, and ensuring accountability for
juvenile offenders.
``(B) Summary and analysis.--Each summary and analysis
under subparagraph (A)(iii) shall set out the information
required by clauses (i), (ii), and (iii) of this subparagraph
separately for juvenile nonoffenders, juvenile status
offenders, and other juvenile offenders, and shall separately
address with respect to each category of juveniles
specified--
``(i) the types of offenses with which the juveniles are
charged;
``(ii) the ages of the juveniles;
``(iii) the types of facilities used to hold the juveniles
(including juveniles treated as adults for purposes of
prosecution) in custody, including secure detention
facilities, secure correctional facilities, jails, and
lockups;
``(iv) the length of time served by juveniles in custody;
and
``(v) the number of juveniles who died or who suffered
serious bodily injury while in custody and the circumstances
under which each juvenile died or suffered that injury.
``(C) Definition of serious bodily injury.--In this
paragraph, the term `serious bodily injury' means bodily
injury involving extreme physical pain or the impairment of a
function of a bodily member, organ, or mental faculty that
requires medical intervention such as surgery,
hospitalization, or physical rehabilitation.
``(3) Annual review.--The Administrator shall annually--
``(A) review each plan submitted under this subsection;
``(B) revise the plans, as the Administrator considers
appropriate; and
``(C) not later than March 1 of each year, present the
plans to the Committee on the Judiciary of the Senate and the
Committee on Education and the Workforce of the House of
Representatives.
``(b) Duties of Administrator.--In carrying out this title,
the Administrator shall--
``(1) advise the President through the Attorney General as
to all matters relating to federally assisted juvenile crime
control, prevention, and juvenile offender accountability
programs, and Federal policies regarding juvenile crime and
justice, including policies relating to juveniles prosecuted
or adjudicated in the Federal courts;
``(2) implement and coordinate Federal juvenile crime
control, prevention, and juvenile offender accountability
programs and activities among Federal departments and
agencies and between such programs and activities and other
Federal programs and activities that the Administrator
determines may have an important bearing on the success of
the entire national juvenile crime control, prevention, and
juvenile offender accountability effort including, in
consultation
[[Page S7503]]
with the Director of the Office of Management and Budget
listing annually those programs to be considered Federal
juvenile crime control, prevention, and juvenile
accountability programs for the following fiscal year;
``(3) serve as a single point of contact for States, units
of local government, and private entities for purposes of
providing information relating to Federal juvenile
delinquency programs or for referral to other agencies or
departments that operate such programs;
``(4) provide for the auditing of grants provided pursuant
to this title;
``(5) collect, prepare, and disseminate useful data
regarding the prevention, correction, and control of juvenile
crime and delinquency, and issue, not less than once each
calendar year, a report on successful programs and juvenile
crime reduction methods utilized by States, localities, and
private entities;
``(6) ensure the performance of comprehensive rigorous
independent scientific evaluations, each of which shall--
``(A) be independent in nature, and shall employ rigorous
and scientifically valid standards and methodologies; and
``(B) include measures of outcome and process objectives,
such as reductions in juvenile crime, youth gang activity,
youth substance abuse, and other high risk factors, as well
as increases in protective factors that reduce the likelihood
of delinquency and criminal behavior;
``(7) consult with appropriate authorities in the States
and with appropriate private entities regarding the
development, review, and revision of the plans required by
subsection (a) and the development of policies relating to
juveniles prosecuted or adjudicated in the Federal courts;
``(8) provide technical assistance to the States, units of
local government, and private entities in implementing
programs funded by grants under this title;
``(9) provide technical and financial assistance to an
organization composed of member representatives of the State
advisory groups appointed under section 222(b)(2) to carry
out activities under this paragraph, if that organization
agrees to carry out activities that include--
``(A) conducting an annual conference of the member
representatives for purposes relating to the activities of
the State advisory groups;
``(B) disseminating information, data, standards, advanced
techniques, and programs models developed through the
Institute and through programs funded under section 241; and
``(C) advising the Administrator with respect to particular
functions or aspects of the work of the Office; and
``(10) provide technical and financial assistance to an
eligible organization composed of member representatives of
the State advisory groups appointed under section 222(b)(2)
to assist that eligible organization in--
``(A) conducting an annual conference of member
representatives of the State advisory groups for purposes
relating to the activities of those groups; and
``(B) disseminating information, data, standards, advanced
techniques, and program models developed through the
Institute and through programs funded under section 241.
``(c) Utilization of Services and Facilities of Other
Agencies; Reimbursement.--The Administrator, through the
general authority of the Attorney General, may utilize the
services and facilities of any agency of the Federal
Government and of any other public agency or institution in
accordance with appropriate agreements, and to pay for such
services either in advance or by way of reimbursement as may
be agreed upon.
``(d) Coordination of Functions of Administrator and
Secretary of Health and Human Services.--All functions of the
Administrator shall be coordinated as appropriate with the
functions of the Secretary of Health and Human Services under
title III.
``(e) Annual Juvenile Delinquency Development Statements.--
``(1) In general.--Each Federal agency that administers a
Federal juvenile crime control, prevention, and juvenile
offender accountability program shall annually submit to the
Administrator a juvenile crime control, prevention, and
juvenile offender accountability development statement.
``(2) Contents.--Each development statement submitted under
paragraph (1) shall contain such information, data, and
analyses as the Administrator may require and shall include
an analysis of the extent to which the program of the Federal
agency submitting such development statement conforms with
and furthers Federal juvenile crime control, prevention, and
juvenile offender accountability, prevention, and treatment
goals and policies.
``(3) Review and comment.--
``(A) In general.--The Administrator shall review and
comment upon each juvenile crime control, prevention, and
juvenile offender accountability development statement
transmitted to the Administrator under paragraph (1).
``(B) Inclusion in other documentation.--The development
statement transmitted under paragraph (1), together with the
comments of the Administrator under subparagraph (A), shall
be--
``(i) included by the Federal agency involved in every
recommendation or request made by such agency for Federal
legislation that significantly affects juvenile crime
control, prevention, and juvenile offender accountability;
and
``(ii) made available for promulgation to and use by State
and local government officials, and by nonprofit
organizations involved in delinquency prevention programs.
``(f) Joint Funding.--Notwithstanding any other provision
of law, if funds are made available by more than 1 Federal
agency to be used by any agency, organization, institution,
or individual to carry out a Federal juvenile crime control,
prevention, or juvenile offender accountability program or
activity--
``(1) any 1 of the Federal agencies providing funds may be
requested by the Administrator to act for all in
administering the funds advanced; and
``(2) a single non-Federal share requirement may be
established according to the proportion of funds advanced by
each Federal agency, and the Administrator may order any such
Federal agency to waive any technical grant or contract
requirement (as defined in those regulations) that is
inconsistent with the similar requirement of the
administering agency or that the administering agency does
not impose.
``SEC. 204. COMMUNITY PREVENTION GRANT PROGRAM.
``(a) Purposes.--The Administrator may make grants to a
State, to be transmitted through the State advisory group to
units of local government that meet the requirements of
subsection (b), for delinquency prevention programs and
activities for youth who have had contact with the juvenile
justice system or who are likely to have contact with the
juvenile justice system, including the provision to children,
youth, and families of--
``(1) recreation services;
``(2) tutoring and remedial education;
``(3) assistance in the development of work awareness
skills;
``(4) child and adolescent health and mental health
services;
``(5) alcohol and substance abuse prevention services;
``(6) leadership development activities; and
``(7) the teaching that people are and should be held
accountable for their actions.
``(b) Eligibility.--The requirements of this subsection are
met with respect to a unit of general local government if--
``(1) the unit is in compliance with the requirements of
part B of title II;
``(2) the unit has submitted to the State advisory group a
3-year plan outlining the local front end plans of the unit
for investment for delinquency prevention and early
intervention activities;
``(3) the unit has included in its application to the
Administrator for formula grant funds a summary of the 3-year
plan described in paragraph (2);
``(4) pursuant to its 3-year plan, the unit has appointed a
local policy board of no fewer than 15 and no more than 21
members with balanced representation of public agencies and
private, nonprofit organizations serving children, youth, and
families and business and industry;
``(5) the unit has, in order to aid in the prevention of
delinquency, included in its application a plan for the
coordination of services to at-risk youth and their families,
including such programs as nutrition, energy assistance, and
housing;
``(6) the local policy board is empowered to make all
recommendations for distribution of funds and evaluation of
activities funded under this title; and
``(7) the unit or State has agreed to provide a 50 percent
match of the amount of the grant, including the value of in-
kind contributions, to fund the activity.
``(c) Priority.--In considering grant application under
this section, the Administrator shall give priority to
applicants that demonstrate ability in--
``(1) plans for service and agency coordination and
collaboration including the collocation of services;
``(2) innovative ways to involve the private nonprofit and
business sector in delinquency prevention activities; and
``(3) developing or enhancing a statewide subsidy program
to local governments that is dedicated to early intervention
and delinquency prevention.
``SEC. 205. GRANTS TO INDIAN TRIBES.
``(a) In General.--From the amount reserved under section
206(b) in each fiscal year, the Administrator shall make
grants to Indian tribes for programs pursuant to the
permissible purposes under section 204 and part B of this
title.
``(b) Applications.--
``(1) In general.--To be eligible to receive a grant under
this section, an Indian tribe shall submit to the
Administrator an application in such form and containing such
information as the Administrator may by regulation require.
``(2) Plans.--Each application submitted under paragraph
(1) shall include a plan for conducting projects described in
section 204(a), which plan shall--
``(A) provide evidence that the Indian tribe performs law
enforcement functions (as determined by the Secretary of the
Interior);
``(B) identify the juvenile justice and delinquency
problems and juvenile delinquency prevention needs to be
addressed by activities conducted by the Indian tribe in the
area under the jurisdiction of the Indian tribe with
assistance provided by the grant;
``(C) provide for fiscal control and accounting procedures
that--
[[Page S7504]]
``(i) are necessary to ensure the prudent use, proper
disbursement, and accounting of funds received under this
section; and
``(ii) are consistent with the requirements of subparagraph
(B);
``(D) comply with the requirements of section 222(a)
(except that such subsection relates to consultation with a
State advisory group) and with the requirements of section
222(c); and
``(E) contain such other information, and be subject to
such additional requirements, as the Administrator may
reasonably prescribe to ensure the effectiveness of the grant
program under this section.
``(c) Factors for Consideration.--In awarding grants under
this section, the Administrator shall consider--
``(1) the resources that are available to each applicant
that will assist, and be coordinated with, the overall
juvenile justice system of the Indian tribe; and
``(2) for each Indian tribe that receives assistance under
such a grant--
``(A) the relative juvenile population; and
``(B) who will be served by the assistance provided by the
grant.
``(d) Grant Awards.--
``(1) In general.--
``(A) Competitive awards.--Except as provided in paragraph
(2), the Administrator shall--
``(i) annually award grants under this section on a
competitive basis; and
``(ii) enter into a grant agreement with each grant
recipient under this section that specifies the terms and
conditions of the grant.
``(B) Period of grant.--The period of each grant awarded
under this section shall be 2 years.
``(2) Exception.--In any case in which the Administrator
determines that a grant recipient under this section has
performed satisfactorily during the preceding year in
accordance with an applicable grant agreement, the
Administrator may--
``(A) waive the requirement that the recipient be subject
to the competitive award process described in paragraph
(1)(A); and
``(B) renew the grant for an additional grant period (as
specified in paragraph (1)(B)).
``(3) Modifications of processes.--The Administrator may
prescribe requirements to provide for appropriate
modifications to the plan preparation and application process
specified in subsection (b) for an application for a renewal
grant under paragraph (2)(B).
``(e) Reporting Requirement.--Each Indian tribe that
receives a grant under this section shall be subject to the
fiscal accountability provisions of section 5(f)(1) of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 450c(f)(1)), relating to the submission of a single-
agency audit report required by chapter 75 of title 31,
United States Code.
``(f) Matching Requirement.--Funds appropriated by Congress
for the activities of any agency of an Indian tribal
government or the Bureau of Indian Affairs performing law
enforcement functions on any Indian lands may be used to
provide the non-Federal share of any program or project with
a matching requirement funded under this section.
``(g) Technical Assistance.--From the amount reserved under
section 206(b) in each fiscal year, the Administrator may
reserve 1 percent for the purpose of providing technical
assistance to recipients of grants under this section.
``SEC. 206. ALLOCATION OF GRANTS.
``(a) In General.--Subject to subsections (b), (c), and
(d), the amount allocated under section 261 to carry out
section 204 in each fiscal year shall be allocated to the
States as follows:
``(1) The amount allocated to any State shall not be less
than $200,000.
``(2) Not less than 75 percent of the funds made available
under Part A of this title shall be used to carry out section
205.
``(b) Reservation of Funds.--Notwithstanding any other
provision of law, from the amounts allocated under section
261 to carry out section 204 and part B in each fiscal year
the Administrator shall reserve an amount equal to the amount
which all Indian tribes that qualify for a grant under
section 205 would collectively be entitled, if such tribes
were collectively treated as a State for purposes of
subsection (a).
``(c) Exception.--The amount allocated to the Virgin
Islands of the United States, Guam, American Samoa, the Trust
Territory of the Pacific Islands, and the Commonwealth of the
Northern Mariana Islands shall be not less than $75,000 and
not more than $100,000.
``(d) Administrative Costs.--A State, unit of local
government, or eligible unit that receives funds under this
part may not use more than 5 percent of those funds to pay
for administrative costs.
``PART B--FEDERAL ASSISTANCE FOR STATE AND LOCAL PROGRAMS
``SEC. 221. AUTHORITY TO MAKE GRANTS AND CONTRACTS.
``(a) In General.--The Administrator may make grants to
States and units of local government, or combinations
thereof, to assist them in planning, establishing, operating,
coordinating, and evaluating projects directly or through
grants and contracts with public and private agencies for the
development of more effective education, training, research,
prevention, diversion, treatment, and rehabilitation programs
in the area of juvenile delinquency and programs to improve
the juvenile justice system.
``(b) Training and Technical Assistance.--
``(1) In general.--With not to exceed 2 percent of the
funds available in a fiscal year to carry out this part, the
Administrator shall make grants to and enter into contracts
with public and private agencies, organizations, and
individuals to provide training and technical assistance to
States, units of local government (or combinations thereof),
and local private agencies to facilitate compliance with
section 222 and implementation of the State plan approved
under section 222(c).
``(2) Eligible recipients.--
``(A) In general.--Grants may be made to and contracts may
be entered into under paragraph (1) only with public and
private agencies, organizations, and individuals that have
experience in providing training and technical assistance
required under paragraph (1).
``(B) Activity coordination.--In providing training and
technical assistance required under paragraph (1), the
recipient of a grant or contract under this subsection shall
coordinate its activities with the State agency described in
section 222(a)(1).
``SEC. 222. STATE PLANS.
``(a) In General.--In order to receive formula grants under
this part, a State shall submit a plan, developed in
consultation with the State Advisory Group established by the
State under subsection (e)(2)(A), for carrying out its
purposes applicable to a 3-year period.
``(b) Allocation.--A portion of any allocation of formula
grants to a State shall be available to develop a State plan
or for other activities associated with such State plan which
are necessary for efficient administration, including
monitoring, evaluation, and one full-time staff position.
``(c) Annual Reports.--The State shall submit annual
performance reports to the Administrator, each of which shall
describe progress in implementing programs contained in the
original State plan, and amendments necessary to update the
State plan, and shall describe the status of compliance with
State plan requirements.
``(d) Contents of Plan.--In accordance with regulations
that the Administrator shall prescribe, a State plan shall--
``(1) designate a State agency as the sole agency for
supervising the preparation and administration of the State
plan;
``(2) contain satisfactory evidence that the State agency
designated in accordance with paragraph (1) has or will have
authority, by legislation if necessary, to implement the
State plan in conformity with this part;
``(3) provide for the active consultation with and
participation of units of local government in the development
of a State plan that adequately takes into account the needs
and requests of units of local government, except that
nothing in the State plan requirements, or any regulations
promulgated to carry out such requirements, shall be
construed to prohibit or impede the State from making grants
to, or entering into contracts with, local private agencies,
including religious organizations;
``(4) to the extent feasible and consistent with paragraph
(5), provide for an equitable distribution of the assistance
received with the State, including rural areas;
``(5) require that the State or unit of local government
that is a recipient of amounts under this part distribute the
amounts intended to be used for the prevention of juvenile
delinquency and reduction of incarceration, to the extent
feasible, in proportion to the amount of juvenile crime
committed within those regions and communities;
``(6) provide assurances that youth who come into contact
with the juvenile justice system are treated equitably on the
basis of gender, race, family income, and disability;
``(7) provide for--
``(A) an analysis of juvenile crime and delinquency
problems (including the joining of gangs that commit crimes)
and juvenile justice and delinquency prevention needs
(including educational needs) of the State (including any
geographical area in which an Indian tribe performs law
enforcement functions), a description of the services to be
provided, and a description of performance goals and
priorities, including a specific statement of the manner in
which programs are expected to meet the identified juvenile
crime problems (including the joining of gangs that commit
crimes) and juvenile justice and delinquency prevention needs
(including educational needs) of the State;
``(B) an indication of the manner in which the programs
relate to other similar State or local programs that are
intended to address the same or similar problems; and
``(C) a strategy for the concentration of State efforts,
which shall coordinate all State juvenile crime control,
prevention, and delinquency programs with respect to overall
policy and development of objectives and priorities for all
State juvenile crime control and delinquency programs and
activities, including a provision for regular meetings of
State officials with responsibility in the area of juvenile
justice and delinquency prevention;
``(D) needed gender-specific services for the prevention
and treatment of juvenile delinquency;
``(E) needed services for the prevention and treatment of
juvenile delinquency in rural areas; and
``(F) needed mental health services to juveniles in the
juvenile justice system;
[[Page S7505]]
``(8) provide for the coordination and maximum utilization
of existing juvenile delinquency programs, programs operated
by public and private agencies and organizations, and other
related programs (such as education, special education,
recreation, health, and welfare programs) in the State;
``(9) provide for the development of an adequate research,
training, and evaluation capacity within the State;
``(10) provide that not less than 75 percent of the funds
available to the State under section 221, other than funds
made available to the State advisory group under this
section, whether expended directly by the State, by the unit
of local government, or by a combination thereof, or through
grants and contracts with public or private nonprofit
agencies, shall be used for--
``(A) community-based alternatives (including home-based
alternatives) to incarceration and institutionalization,
including--
``(i) for youth who need temporary placement, the provision
of crisis intervention, shelter, and after-care; and
``(ii) for youth who need residential placement, the
provision of a continuum of foster care or group home
alternatives that provide access to a comprehensive array of
services;
``(B) programs that assist in holding juveniles accountable
for their actions, including the use of graduated sanctions
and of neighborhood courts or panels that increase victim
satisfaction and require juveniles to make restitution for
the damage caused by their delinquent behavior;
``(C) comprehensive juvenile crime control and delinquency
prevention programs that meet the needs of youth through the
collaboration of the many local systems before which a youth
may appear, including schools, courts, law enforcement
agencies, child protection agencies, mental health agencies,
welfare services, health care agencies, public recreation
agencies, and private nonprofit agencies offering youth
services;
``(D) programs that provide treatment to juvenile offenders
who are victims of child abuse or neglect, and to the
families of those juveniles, in order to reduce the
likelihood that those juvenile offenders will commit
subsequent violations of law;
``(E) educational programs or supportive services for
delinquent or other juveniles--
``(i) to encourage juveniles to remain in elementary and
secondary schools or in alternative learning situations;
``(ii) to provide services to assist juveniles in making
the transition to the world of work and self-sufficiency; and
``(iii) to enhance coordination with the local schools that
juveniles would otherwise attend, to ensure that--
``(I) the instruction that juveniles receive outside school
is closely aligned with the instruction provided in school;
and
``(II) information regarding any learning problems
identified in such alternative learning situations are
communicated to the schools;
``(F) expanding the use of probation officers--
``(i) particularly for the purpose of permitting nonviolent
juvenile offenders (including status offenders) to remain at
home with their families as an alternative to incarceration
or institutionalization; and
``(ii) to ensure that juveniles follow the terms of their
probation;
``(G) one-on-one mentoring programs that are designed to
link at-risk juveniles and juvenile offenders, particularly
juveniles residing in high-crime areas and juveniles
experiencing educational failure, with responsible adults
(such as law enforcement officers, adults working with local
businesses, and adults working with community-based
organizations and agencies) who are properly screened and
trained;
``(H) programs designed to develop and implement projects
relating to juvenile delinquency and learning disabilities,
including on-the-job training programs to assist community
services, law enforcement, and juvenile justice personnel to
more effectively recognize and provide for learning disabled
and other juveniles with disabilities;
``(I) projects designed to deter involvement in illegal
activities and promote involvement in lawful activities on
the part of gangs whose membership is substantially composed
of youth;
``(J) programs and projects designed to provide for the
treatment of a youth who is dependent on or abuses alcohol or
other addictive or nonaddictive drugs;
``(K) community-based programs and services to work with
juveniles, their parents, and other family members during and
after incarceration in order to strengthen families so that
such juveniles may be retained in their homes;
``(L) activities (such as court-appointed advocates) that
the State determines will hold juveniles accountable for
their acts and decrease juvenile involvement in delinquent
activities;
``(M) establishing policies and systems to incorporate
relevant child protective services records into juvenile
justice records for purposes of establishing treatment plans
for juvenile offenders;
``(N) programs (including referral to literacy programs and
social service programs) to assist families with limited
English-speaking ability that include delinquent juveniles to
overcome language and other barriers that may prevent the
complete treatment of the juveniles and the preservation of
their families;
``(O) programs that utilize multidisciplinary interagency
case management and information sharing, that enable the
juvenile justice and law enforcement agencies, schools, and
social service agencies to make more informed decisions
regarding early identification, control, supervision, and
treatment of juveniles who repeatedly commit violent or
serious delinquent acts;
``(P) programs designed to prevent and reduce hate crimes
committed by juveniles;
``(Q) court supervised initiatives that address the illegal
possession of firearms by juveniles;
``(R) programs for positive youth development that provide
delinquent youth and youth at-risk of delinquency with--
``(i) an ongoing relationship with a caring adult (such as
a mentor, tutor, coach, or shelter youth worker);
``(ii) safe places and structured activities during
nonschool hours;
``(iii) a healthy start;
``(iv) a marketable skill through effective education; and
``(v) an opportunity to give back through community
service;
``(S) programs and projects that provide comprehensive
post-placement services that help juveniles make a successful
transition back into the community, including mental health
services, substance abuse treatment, counseling, education,
and employment training;
``(T) programs and services designed to identify and
address the health and mental health needs of youth; and
``(U) programs that have been proven to be successful in
preventing delinquency, such as Multi-Systemic Therapy,
Multi-Dimensional Treatment Foster Care, Functional Family
Therapy, and the Bullying Prevention Program;
``(11) provide that--
``(A) a juvenile who is charged with or who has committed
an offense that would not be criminal if committed by an
adult shall not be placed in a secure detention facility or
secure correctional facility unless the juvenile--
``(i) was charged with or committed a violation of section
922(x)(2) of title 18, United States Code, or of a similar
State law;
``(ii) was charged with or committed a violation of a valid
court order; or
``(iii) was held in accordance with the Interstate Compact
on Juveniles as enacted by the State; and
``(B) a juvenile shall not be placed in a secure detention
facility or secure correctional facility if the juvenile--
``(i) was not charged with any offense; and
``(ii) is--
``(I) an alien; or
``(II) alleged to be dependent, neglected, or abused.
``(12) provide that--
``(A) a juvenile who is alleged to be or found to be
delinquent or a juvenile who is described in paragraph (11)
will not be detained or confined in any institution in which
prohibited physical contact or sustained oral and visual
contact with an adult inmate can occur; and
``(B) there is in effect in the State a policy that
requires an individual who works with both juveniles and
adult inmates, including in collocated facilities, to be
trained and certified to work with juveniles;
``(13) provide that no juvenile will be detained or
confined in any jail or lockup for adults except--
``(A) juveniles who are accused of nonstatus offenses and
who are detained in such jail or lockup for a period not to
exceed 6 hours--
``(i) for processing or release;
``(ii) while awaiting transfer to a juvenile facility; or
``(iii) in which period such juveniles make a court
appearance;
``(B) juveniles who--
``(i) are accused of nonstatus offenses;
``(ii) are awaiting an initial court appearance that will
occur within 48 hours after being taken into custody
(excluding Saturdays, Sundays, and legal holidays); and
``(iii) are detained in a jail or lockup--
``(I) in which such juveniles do not have prohibited
physical contact, or sustained oral and visual contact, with
adults incarcerated because such adults have been convicted
of a crime or are awaiting trial on criminal charges;
``(II) where there is in effect in the State a policy that
requires individuals who work with both such juveniles and
such adults in collocated facilities have been trained and
certified to work with juveniles; and
``(III) that is located--
``(aa) outside a metropolitan statistical area (as defined
by the Office of Management and Budget) and has no existing
acceptable alternative placement available;
``(bb) where conditions of distance to be traveled or the
lack of highway, road, or transportation do not allow for
court appearances within 48 hours (excluding Saturdays,
Sundays, and legal holidays) so that a brief (not to exceed
an additional 48 hours) delay is excusable; or
``(cc) where conditions of safety exist (such as severe
adverse, life-threatening weather conditions that do not
allow for reasonably safe travel), in which case the time for
an appearance may be delayed until 24 hours after the time
that such conditions allow for reasonable safe travel;
``(14)(A) provide assurances that consideration will be
given to and that assistance will be available for approaches
designed to strengthen the families of delinquent and
[[Page S7506]]
other youth to prevent juvenile delinquency; and
``(B) approaches under subparagraph (A) should include the
involvement of grandparents or other extended family members,
when possible, and appropriate and the provision of family
counseling during the incarceration of juvenile family
members and coordination of family services when appropriate
and feasible;
``(15) provide for procedures to be established for
protecting the rights of recipients of services and for
assuring appropriate privacy with regard to records relating
to the services provided to any individual under the State
plan;
``(16) provide for such fiscal control and fund accounting
procedures necessary to assure prudent use, proper
disbursement, and accurate accounting of funds received under
this title;
``(17) provide reasonable assurances that Federal funds
made available under this part for any period shall be used
to supplement and increase (but not supplant) the level of
the State, local, and other non-Federal funds that would, in
the absence of the Federal funds, be made available for the
programs described in this part, and shall in no event
replace such State, local, and other non-Federal funds;
``(18) provide that the State agency designated under
paragraph (1) shall, not less often than annually, review its
plan and submit to the Administrator an analysis and
evaluation of the effectiveness of the programs and
activities carried out under the plan, and any modifications
in the plan, including the survey of the State and local
needs, that the agency considers necessary;
``(19) provide assurances that the State or unit of local
government that is a recipient of amounts under this part
require that any person convicted of a sexual act or sexual
contact involving any other person who has not attained the
age of 18 years, and who is not less than 4 years younger
than that convicted person, be tested for the presence of a
sexually transmitted disease and that the results of that
test be provided to the victim or to the family of the victim
as well as to any court or other government agency with
primary authority for sentencing the person convicted for the
commission of the sexual act or sexual contact (as those
terms are defined in paragraphs (2) and (3), respectively, of
section 2246 of title 18, United States Code);
``(20) provide that if a juvenile is taken into custody for
violating a valid court order issued for committing a status
offense--
``(A) an appropriate public agency shall be promptly
notified that the juvenile is being taken into custody for
violating the court order;
``(B) that within 24 hours of the juvenile being taken into
custody, an authorized representative of the public agency
shall interview the juvenile in person; and
``(C) that within 48 hours of the juvenile being taken into
custody--
``(i) the authorized representative shall submit an
assessment regarding the immediate needs of the juvenile to
the court that issued the order; and
``(ii) the court shall conduct a hearing to determine--
``(I) whether there is reasonable cause to believe that the
juvenile violated the order; and
``(II) the appropriate placement of the juvenile pending
disposition of the alleged violation;
``(21) specify a percentage, if any, of funds received by
the State under section 221 that the State shall reserve for
expenditure by the State to provide incentive grants to units
of local government that reduce the case load of probation
officers within those units;
``(22) provide that the State, to the maximum extent
practicable, will implement a system to ensure that if a
juvenile is before a court in the juvenile justice system,
public child welfare records (including child protective
services records) relating to that juvenile that are on file
in the geographical area under the jurisdiction of that court
will be made known to that court;
``(23) unless the provisions of this paragraph are waived
at the discretion of the Administrator for any State in which
the services for delinquent or other youth are organized
primarily on a statewide basis, provide that at least 50
percent of funds received by the State under this section,
other than funds made available to the State advisory group,
shall be expended--
``(A) through programs of units of general local
government, to the extent that those programs are consistent
with the State plan; and
``(B) through programs of local private agencies, to the
extent that those programs are consistent with the State
plan, except that direct funding of any local private agency
by a State shall be permitted only if the local private
agency requests direct funding after the agency has applied
for and been denied funding by a unit of general local
government;
``(24) provide for the establishment of youth tribunals and
peer `juries' in school districts in the State to promote
zero tolerance policies with respect to misdemeanor offenses,
acts of juvenile delinquency, and other antisocial behavior
occurring on school grounds, including truancy, vandalism,
underage drinking, and underage tobacco use;
``(25) provide for projects to coordinate the delivery of
adolescent mental health and substance abuse services to
children at risk by coordinating councils composed of public
and private service providers;
``(26) provide assurances that--
``(A) any assistance provided under this title will not
cause the displacement (including a partial displacement,
such as a reduction in the hours of nonovertime work, wages,
or employment benefits) of any currently employed employee;
``(B) activities assisted under this title will not impair
an existing collective bargaining relationship, contract for
services, or collective bargaining agreement; and
``(C) an activity that would be inconsistent with the terms
of a collective bargaining agreement shall not be undertaken
without the written concurrence of the labor organization
involved; and
``(27) address efforts to reduce the proportion of
juveniles detained or confined in secure detention
facilities, secure correctional facilities, jails, and
lockups who are members of minority groups, if such
proportion exceeds the proportion such groups represent in
the general population.
``(e) Approval by State Agency.--
``(1) State agency.--The State agency designated under
subsection (d)(1) shall approve the State plan and any
modification of that plan prior to submission of the plan to
the Administrator.
``(2) State advisory group.--
``(A) Establishment.--
``(i) In general.--The State advisory group referred to in
subsection (a) shall be known as the `State Advisory Group'.
``(ii) Members.--The State Advisory Group shall--
``(I) consist of representatives from both the private and
public sector, each of whom shall be appointed for a term of
not more than 6 years; and
``(II) include not less than 1 prosecutor and not less than
1 judge from a court with a juvenile crime or delinquency
docket.
``(iii) Member experience.--The State shall ensure that
members of the State Advisory Group shall have experience in
the area of juvenile delinquency prevention, the prosecution
of juvenile offenders, the treatment of juvenile delinquency,
the investigation of juvenile crimes, or the administration
of juvenile justice programs.
``(iv) Chairperson.--The chairperson of the State Advisory
Group shall not be a full-time employee of the Federal
Government or the State government.
``(B) Consultation.--
``(i) In general.--The State Advisory Group established
under subparagraph (A) shall--
``(I) participate in the development and review of a State
plan under this section before the plan is submitted to the
supervisory agency for final action; and
``(II) be afforded an opportunity to review and comment,
not later than 30 days after the submission to the State
Advisory Group, on all juvenile justice and delinquency
prevention grant applications submitted to the State agency
designated under subsection (d)(1).
``(ii) Authority.--The State Advisory Group shall report to
the chief executive officer and the legislature of a State
that has submitted a plan, on an annual basis regarding
recommendations related to the compliance by that State with
this section.
``(C) Funding.--From amounts reserved for administrative
costs, the State may make available to the State Advisory
Group such sums as may be necessary to assist the State
Advisory Group in adequately performing its duties under this
paragraph.
``(f) Compliance With Statutory Requirements.--If a State
fails to comply with any of the applicable requirements of
paragraph (11), (12), (13), or (27) of subsection (d) in any
fiscal year beginning after September 30, 2001, the amount
allocated to that State for the subsequent fiscal year shall
be reduced by not to exceed 12.5 percent for each such
paragraph with respect to which the failure occurs, unless
the Administrator determines that the State--
``(1) has achieved substantial compliance with the
applicable requirements with respect to which the State was
not in compliance; and
``(2) has made, through appropriate executive or
legislative action, an unequivocal commitment to achieving
full compliance with the applicable requirements within a
reasonable time.
``SEC. 223. ALLOCATION OF GRANTS.
``(a) In General.--Subject to subsections (b), (c), and
(d), of the amount allocated under section 261 to carry out
this part in each fiscal year that remains after reservation
under section 206(b) for that fiscal year--
``(1) no State shall be allocated less than $750,000; and
``(2) the amount remaining after the allocation under
paragraph (1) shall be allocated proportionately based on the
juvenile population in the eligible States.
``(b) System Support Grants.--Of the amount allocated under
section 261 to carry out this part in each fiscal year that
remains after reservation under section 206(b) for that
fiscal year, up to 10 percent may be available for use by the
Administrator to provide--
``(1) training and technical assistance consistent with the
purposes authorized under sections 203, 204, and 221;
``(2) direct grant awards and other support to develop,
test, and demonstrate new approaches to improving the
juvenile justice
[[Page S7507]]
system and reducing, preventing, and abating delinquent
behavior, juvenile crime, and youth violence;
``(3) for research and evaluation efforts to discover and
test methods and practices to improve the juvenile justice
system and reduce, prevent, and abate delinquent behavior,
juvenile crime, and youth violence; and
``(4) information, including information on best practices,
consistent with purposes authorized under sections 203, 204,
and 221.
``(c) Exception.--The amount allocated to the Virgin
Islands of the United States, Guam, American Samoa, the Trust
Territory of the Pacific Islands, and the Commonwealth of the
Northern Mariana Islands shall be not less than $75,000 and
not more than $100,000.
``(d) Administrative Costs.--A State, unit of local
government, or eligible unit that receives funds under this
part may not use more than 5 percent of those funds to pay
for administrative costs.
``PART C--GANG-FREE SCHOOLS AND COMMUNITIES; COMMUNITY-BASED GANG
INTERVENTION
``SEC. 231. DEFINITION OF JUVENILE.
``In this part, the term `juvenile' means an individual who
has not attained the age of 22 years.
``SEC. 232. GANG-FREE SCHOOLS AND COMMUNITIES.
``(a) In General.--
``(1) Family and community grants.--The Administrator shall
make grants to or enter into contracts with public agencies
(including local educational agencies) and private nonprofit
agencies, organizations, and institutions to establish and
support programs and activities that involve families and
communities and that are designed to--
``(A) prevent and reduce the participation of juveniles in
criminal gang activity by providing--
``(i) individual, peer, family, and group counseling,
including a provision of life skills training and preparation
for living independently, which shall include cooperation
with social services, welfare, and health care programs;
``(ii) education, recreation, and social services designed
to address the social and developmental needs of juveniles
that those juveniles would otherwise seek to have met through
membership in gangs;
``(iii) crisis intervention and counseling to juveniles who
are particularly at risk of gang involvement, and the
families of those juveniles, including assistance from social
service, welfare, health care, mental health, and substance
abuse prevention and treatment agencies where necessary;
``(iv) an organization of neighborhood and community groups
to work closely with parents, schools, law enforcement, and
other public and private agencies in the community; and
``(v) training and assistance to adults who have
significant relationships with juveniles who are or may
become members of gangs so the adults may provide
constructive alternatives to participating in the activities
of gangs;
``(B) develop within the juvenile adjudicatory and
correctional systems new and innovative means to address the
problems of juveniles who have been convicted of serious
drug-related and gang-related offenses;
``(C) target elementary school students, with the purpose
of steering students away from gang involvement;
``(D) provide treatment to juveniles who are members of
gangs, including members who are accused of committing a
serious crime and members who have been adjudicated as being
delinquent;
``(E) promote the involvement of juveniles in lawful
activities in geographical areas in which gangs commit
crimes;
``(F) promote and support, with the cooperation of
community-based organizations experienced in providing
services to juveniles engaged in gang-related activities and
the cooperation of local law enforcement agencies, the
development of policies and activities in public elementary
and secondary schools that will assist those schools in
maintaining a safe environment conducive to learning;
``(G) assist juveniles who are or may become members of
gangs to obtain appropriate educational instruction, in or
outside a regular school program, including the provision of
counseling and other services to promote and support the
continued participation of those juveniles in the
instructional programs;
``(H) expand the availability of prevention and treatment
services relating to the illegal use of controlled substances
and controlled substance analogues (as defined in paragraphs
(6) and (32) of section 102 of the Controlled Substances Act
(21 U.S.C. 802)) by juveniles, provided through State and
local health and social services agencies;
``(I) provide services to prevent juveniles from coming
into contact with the juvenile justice system again as a
result of gang-related activity;
``(J) provide services authorized in this section at a
special location in a school or housing project or other
appropriate site; or
``(K) support activities to inform juveniles of the
availability of treatment and services for which financial
assistance is available under this section.
``(2) Research and evaluation.--From not more than 15
percent of the total amount appropriated to carry out this
part in each fiscal year, the Administrator may make grants
to and enter into contracts with public agencies and private
nonprofit agencies, organizations, and institutions--
``(A) to conduct research on issues related to juvenile
gangs;
``(B) to evaluate the effectiveness of programs and
activities funded under paragraph (1); and
``(C) to increase the knowledge of the public (including
public and private agencies that operate or desire to operate
gang prevention and intervention programs) by disseminating
information on research and on effective programs and
activities funded under this section.
``(b) Approval of Applications.--
``(1) In general.--Any agency, organization, or institution
that seeks to receive a grant or enter into a contract under
this section shall submit an application at such time, in
such manner, and containing such information as the
Administrator may prescribe.
``(2) Application contents.--In accordance with guidelines
established by the Administrator, each application submitted
under paragraph (1) shall--
``(A) set forth a program or activity for carrying out 1 or
more of the purposes specified in subsection (a), and
specifically identify each purpose the program or activity is
designed to carry out;
``(B) provide that the program or activity shall be
administered by or under the supervision of the applicant;
``(C) provide for the proper and efficient administration
of the program or activity;
``(D) provide for regular evaluation of the program or
activity;
``(E) provide an assurance that the proposed program or
activity will supplement, not supplant, similar programs and
activities already available in the community;
``(F) describe how the program or activity is coordinated
with programs, activities, and services available locally
under part B of this title and under chapter 1 of subtitle B
of title III of the Anti-Drug Abuse Act of 1988 (42 U.S.C.
11801-11805);
``(G) certify that the applicant has requested the State
planning agency to review and comment on the application and
to summarize the responses of that State planning agency to
the request;
``(H) provide that regular reports on the program or
activity shall be sent to the Administrator and to the State
planning agency; and
``(I) provide for such fiscal control and fund accounting
procedures as may be necessary to ensure prudent use, proper
disbursement, and accurate accounting of funds received under
this section.
``(3) Priority.--In reviewing applications for grants and
contracts under this section, the Administrator shall give
priority to an application--
``(A) submitted by, or substantially involving, a local
educational agency (as defined in section 1471 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
2891));
``(B) based on the incidence and severity of crimes
committed by gangs whose membership is composed primarily of
juveniles in the geographical area in which the applicant
proposes to carry out the programs and activities for which
the grants and contracts are requested; and
``(C) for assistance for programs and activities that--
``(i) are broadly supported by public and private nonprofit
agencies, organizations, and institutions located in the
geographical area in which the applicant proposes to carry
out the programs and activities; and
``(ii) will substantially involve the families of juvenile
gang members in carrying out the programs or activities.
``SEC. 233. COMMUNITY-BASED GANG INTERVENTION.
``(a) In General.--The Administrator shall make grants to
or enter into contracts with public and private nonprofit
agencies, organizations, and institutions to carry out
programs and activities--
``(1) to reduce the participation of juveniles in the
illegal activities of gangs;
``(2) to develop regional task forces involving State,
local, and community-based organizations to coordinate the
disruption of gangs and the prosecution of juvenile gang
members and to curtail interstate activities of gangs;
``(3) to facilitate coordination and cooperation among--
``(A) local education, juvenile justice, employment,
recreation, and social service agencies; and
``(B) community-based programs with a proven record of
effectively providing intervention services to juvenile gang
members for the purpose of reducing the participation of
juveniles in illegal gang activities; and
``(4) to support programs that, in recognition of varying
degrees of the seriousness of delinquent behavior and the
corresponding gradations in the responses of the juvenile
justice system in response to that behavior, are designed
to--
``(A) encourage courts to develop and implement a continuum
of post-adjudication restraints that bridge the gap between
traditional probation and confinement in a correctional
setting (including expanded use of probation, mediation,
restitution, community service, treatment, home detention,
intensive supervision, electronic monitoring, and secure
community-based treatment facilities linked to other support
services such
[[Page S7508]]
as health, mental health, remedial and special education, job
training, and recreation); and
``(B) assist in the provision by the Administrator of
information and technical assistance, including technology
transfer, to States, in the design and utilization of risk
assessment mechanisms to aid juvenile justice personnel in
determining appropriate sanctions for delinquent behavior.
``(b) Eligible Programs and Activities.--Programs and
activities for which grants and contracts are to be made
under this section may include--
``(1) the hiring of additional State and local prosecutors,
and the establishment and operation of programs, including
multijurisdictional task forces, for the disruption of gangs
and the prosecution of gang members;
``(2) developing within the juvenile adjudicatory and
correctional systems new and innovative means to address the
problems of juveniles who are convicted of serious drug-
related and gang-related offenses;
``(3) providing treatment to juveniles who are members of
gangs, including members who are accused of committing a
serious crime and members who have been adjudicated as being
delinquent;
``(4) promoting the involvement of juveniles in lawful
activities in geographical areas in which gangs commit
crimes;
``(5) expanding the availability of prevention and
treatment services relating to the illegal use of controlled
substances and controlled substances analogues (as defined in
paragraphs (6) and (32) of section 102 of the Controlled
Substances Act (21 U.S.C. 802)), by juveniles, provided
through State and local health and social services agencies;
``(6) providing services to prevent juveniles from coming
into contact with the juvenile justice system again as a
result of gang-related activity; or
``(7) supporting activities to inform juveniles of the
availability of treatment and services for which financial
assistance is available under this section.
``(c) Approval of Applications.--
``(1) In general.--Any agency, organization, or institution
that seeks to receive a grant or enter into a contract under
this section shall submit an application at such time, in
such manner, and containing such information as the
Administrator may prescribe.
``(2) Application contents.--In accordance with guidelines
established by the Administrator, each application submitted
under paragraph (1) shall--
``(A) set forth a program or activity for carrying out 1 or
more of the purposes specified in subsection (a), and
specifically identify each purpose the program or activity is
designed to carry out;
``(B) provide that the program or activity shall be
administered by or under the supervision of the applicant;
``(C) provide for the proper and efficient administration
of the program or activity;
``(D) provide for regular evaluation of the program or
activity;
``(E) provide an assurance that the proposed program or
activity will supplement, not supplant, similar programs and
activities already available in the community;
``(F) describe how the program or activity is coordinated
with programs, activities, and services available locally
under part B of this title and under chapter 1 of subtitle B
of title III of the Anti-Drug Abuse Act of 1988 (42 U.S.C.
11801-11805);
``(G) certify that the applicant has requested the State
planning agency to review and comment on the application and
to summarize the responses of the State planning agency to
the request;
``(H) provide that regular reports on the program or
activity shall be sent to the Administrator and to the State
planning agency; and
``(I) provide for such fiscal control and fund accounting
procedures as may be necessary to ensure prudent use, proper
disbursement, and accurate accounting of funds received under
this section.
``(3) Priority.--In reviewing applications for grants and
contracts under subsection (a), the Administrator shall give
priority to an application--
``(A) submitted by, or substantially involving, a
community-based organization experienced in providing
services to juveniles;
``(B) based on the incidence and severity of crimes
committed by gangs whose membership is composed primarily of
juveniles in the geographical area in which the applicant
proposes to carry out the programs and activities for which
the grants and contracts are requested; and
``(C) for assistance for programs and activities that--
``(i) are broadly supported by public and private nonprofit
agencies, organizations, and institutions located in the
geographical area in which the applicant proposes to carry
out the programs and activities; and
``(ii) will substantially involve the families of juvenile
gang members in carrying out the programs or activities.
``SEC. 234. PRIORITY.
``In making grants under this part, the Administrator shall
give priority to funding programs and activities described in
subsections (a)(2) and (b)(1) of section 233.
``PART D--DEVELOPING, TESTING, AND DEMONSTRATING PROMISING NEW
INITIATIVES AND PROGRAMS
``SEC. 241. GRANTS AND PROJECTS.
``(a) Authority To Make Grants.--The Administrator may make
grants to, and enter into contracts with, States, units of
local government, Indian tribal governments, public and
private agencies, organizations, and individuals, or
combinations thereof, to carry out projects for the
development, testing, and demonstration of promising
initiatives and programs for the prevention, control, or
reduction of juvenile delinquency.
``(b) Distribution.--The Administrator shall ensure that,
to the extent reasonable and practicable, a grant made under
subsection (a) is made to achieve an equitable geographical
distribution of such projects throughout the United States.
``(c) Use of Grants.--A grant made under subsection (a) may
be used to pay all or part of the cost of the project for
which the grant is made.
``SEC. 242. GRANTS FOR TRAINING AND TECHNICAL ASSISTANCE.
``The Administrator may make grants to, and enter into
contracts with, public and private agencies, organizations,
and individuals to provide training and technical assistance
to States, units of local government, Indian tribal
governments, local private entities or agencies, or any
combination thereof, to carry out the projects for which
grants are made under section 241.
``SEC. 243. ELIGIBILITY.
``To be eligible to receive assistance pursuant to a grant
or contract under this part, a public or private agency,
Indian tribal government, organization, institution,
individual, or combination thereof, shall submit an
application to the Administrator at such time, in such form,
and containing such information as the Administrator may
reasonably require by rule.
``SEC. 244. REPORTS.
``Each recipient of assistance pursuant to a grant or
contract under this part shall submit to the Administrator
such reports as may be reasonably requested by the
Administrator to describe progress achieved in carrying the
projects for which the assistance was provided.
``PART E--MENTORING
``SEC. 251. MENTORING.
``The purposes of this part are to, through the use of
mentors for at-risk youth--
``(1) reduce juvenile delinquency and gang participation;
``(2) improve academic performance; and
``(3) reduce the dropout rate.
``SEC. 252. DEFINITIONS.
``In this part:
``(1) At-risk youth.--The term `at-risk youth' means a
youth at risk of educational failure, dropping out of school,
or involvement in criminal or delinquent activities.
``(2) Mentor.--The term `mentor' means a person who works
with an at-risk youth on a one-to-one basis, provides a
positive role model for the youth, establishes a supportive
relationship with the youth, and provides the youth with
academic assistance and exposure to new experiences and
examples of opportunity that enhance the ability of the youth
to become a responsible adult.
``SEC. 253. GRANTS.
``(a) Local Educational Grants.--The Administrator shall
make grants to local education agencies and nonprofit
organizations to establish and support programs and
activities for the purpose of implementing mentoring programs
that--
``(1) are designed to link at-risk children, particularly
children living in high crime areas and children experiencing
educational failure, with responsible adults such as law
enforcement officers, persons working with local businesses,
elders in Alaska Native villages, and adults working for
community-based organizations and agencies; and
``(2) are intended to--
``(A) provide general guidance to at-risk youth;
``(B) promote personal and social responsibility among at-
risk youth;
``(C) increase participation by at-risk youth in, and
enhance the ability of at-risk youth to benefit from,
elementary and secondary education;
``(D) discourage the use of illegal drugs, violence, and
dangerous weapons by at-risk youth, and discourage other
criminal activity;
``(E) discourage involvement of at-risk youth in gangs; or
``(F) encourage at-risk youth to participate in community
service and community activities.
``(b) Family-to-Family Mentoring Grants.--
``(1) Definitions.--In this subsection:
``(A) Family-to-family mentoring program.--The term
`family-to-family mentoring program' means a mentoring
program that--
``(i) utilizes a 2-tier mentoring approach that matches
volunteer families with at-risk families allowing parents to
work directly with parents and children to work directly with
children; and
``(ii) has an after-school program for volunteer and at-
risk families.
``(B) Positive alternatives program.--The term `positive
alternatives program' means a positive youth development and
family-to-family mentoring program that emphasizes drug and
gang prevention components.
``(C) Qualified positive alternatives program.--The term
`qualified positive alternatives program' means a positive
alternatives program that has established a family-to-family
mentoring program, as of the date of enactment of the
Juvenile Crime Prevention and Control Act of 2001.
[[Page S7509]]
``(2) Authority.--The Administrator shall make and enter
into contracts with a qualified positive alternatives
program.
``SEC. 254. REGULATIONS AND GUIDELINES.
``(a) Program Guidelines.--To implement this part, the
Administrator shall issue program guidelines which shall be
effective only after a period for public notice and comment.
``(b) Model Screening Guidelines.--The Administrator shall
develop and distribute to program participants specific model
guidelines for the screening of prospective program mentors.
``SEC. 255. USE OF GRANTS.
``(a) Permitted Uses.--Grants awarded under this part shall
be used to implement mentoring programs, including--
``(1) the hiring of mentoring coordinators and support
staff;
``(2) the recruitment, screening, and training of adult
mentors;
``(3) the reimbursement of mentors for reasonable
incidental expenditures, such as transportation, that are
directly associated with mentoring; and
``(4) such other purposes as the Administrator may
reasonably prescribe by regulation.
``(b) Prohibited Uses.--Grants awarded pursuant to this
part shall not be used--
``(1) to directly compensate mentors, except as provided
pursuant to subsection (a)(3);
``(2) to obtain educational or other materials or equipment
that would otherwise be used in the ordinary course of the
operations of the grantee;
``(3) to support litigation of any kind; or
``(4) for any other purpose reasonably prohibited by the
Administrator by regulation.
``SEC. 256. PRIORITY.
``(a) In General.--In making grants under this part, the
Administrator shall give priority for awarding grants to
applicants that--
``(1) serve at-risk youth in high crime areas;
``(2) have 60 percent or more of the youth eligible to
receive funds under the Elementary and Secondary Education
Act of 1965; and
``(3) have a considerable number of youths who drop out of
school each year.
``(b) Other Considerations.--In making grants under this
part, the Administrator shall give consideration to--
``(1) the geographic distribution (urban and rural) of
applications;
``(2) the quality of a mentoring plan, including--
``(A) the resources, if any, that will be dedicated to
providing participating youth with opportunities for job
training or postsecondary education; and
``(B) the degree to which parents, teachers, community-
based organizations, and the local community participate in
the design and implementation of the mentoring plan; and
``(3) the capability of the applicant to effectively
implement the mentoring plan.
``SEC. 257. APPLICATIONS.
``An application for assistance under this part shall
include--
``(1) information on the youth expected to be served by the
program;
``(2) a provision for a mechanism for matching youth with
mentors based on the needs of the youth;
``(3) an assurance that no mentor or mentoring family will
be assigned a number of youths that would undermine the
ability of that mentor to be an effective mentor and ensure a
one-to-one relationship with mentored youths;
``(4) an assurance that projects operated in secondary
schools will provide the youth with a variety of experiences
and support, including--
``(A) an opportunity to spend time in a work environment
and, when possible, participate in the work environment;
``(B) an opportunity to witness the job skills that will be
required for the youth to obtain employment upon graduation;
``(C) assistance with homework assignments; and
``(D) exposure to experiences that the youth might not
otherwise encounter;
``(5) an assurance that projects operated in elementary
schools will provide the youth with--
``(A) academic assistance;
``(B) exposure to new experiences and activities that the
youth may not otherwise encounter; and
``(C) emotional support;
``(6) an assurance that projects will be monitored to
ensure that each youth benefits from a mentor relationship,
and will include a provision for a new mentor assignment if
the relationship is not beneficial to the youth;
``(7) the method by which a mentor and a youth will be
recruited to the project;
``(8) the method by which a prospective mentor will be
screened; and
``(9) the training that will be provided to a mentor.
``SEC. 258. GRANT CYCLES.
``Each grant under this part shall be made for a 3-year
period.
``SEC. 259. FAMILY MENTORING PROGRAM.
``(a) Definitions.--In this section:
``(1) Cooperative extension services.--The term
`cooperative extension services' has the meaning given that
term in section 1404 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103).
``(2) Family mentoring program.--The term `family mentoring
program' means a mentoring program that--
``(A) utilizes a 2-tier mentoring approach that uses
college age or young adult mentors working directly with at-
risk youth and uses retirement-age couples working with the
parents and siblings of at-risk youth; and
``(B) has a local advisory board to provide direction and
advice to program administrators.
``(3) Qualified cooperative extension service.--The term
`qualified cooperative extension service' means a cooperative
extension service that has established a family mentoring
program, as of the date of enactment of the Juvenile Crime
Prevention and Control Act of 2001.
``(b) Model Program.--The Administrator, in cooperation
with the Secretary of Agriculture, shall make a grant to a
qualified cooperative extension service for the purpose of
expanding and replicating family mentoring programs to reduce
the incidence of juvenile crime and delinquency among at-risk
youth.
``(c) Establishment of New Family Mentoring Programs.--
``(1) In general.--The Administrator, in cooperation with
the Secretary of Agriculture, may make 1 or more grants to
cooperative extension services for the purpose of
establishing family mentoring programs to reduce the
incidence of juvenile crime and delinquency among at-risk
youth.
``(2) Matching requirement and source of matching funds.--
``(A) In general.--The amount of a grant under this
subsection may not exceed 35 percent of the total costs of
the program funded by the grant.
``(B) Source of match.--Matching funds for grants under
this subsection may be derived from amounts made available to
a State under subsections (b) and (c) of section 3 of the
Smith-Lever Act (7 U.S.C. 343), except that the total amount
derived from Federal sources may not exceed 70 percent of the
total cost of the program funded by the grant.
``PART F--ADMINISTRATIVE PROVISIONS
``SEC. 261. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There is authorized to be appropriated
to carry out this title, and to carry out part R of title I
of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3796ee et seq.), $1,065,000,000 for each of fiscal
years 2002 through 2007.
``(b) Allocation of Appropriations.--Of the amount made
available under subsection (a) for each fiscal year--
``(1) $500,000,000 shall be for programs under sections
1801 and 1803 of part R of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796ee et
seq.);
``(2) $75,000,000 shall be for grants for juvenile criminal
history records upgrades pursuant to section 1802 of part R
of title I of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3796ee-1);
``(3) $250,000,000 shall be for programs under section 204
of part A of this title;
``(4) $200,000,000 shall be for programs under part B of
this title;
``(5) $20,000,000 shall be for programs under parts C and D
of this title; and
``(6) $20,000,000 shall be for programs under part E of
this title, of which $3,000,000 shall be for programs under
section 259.
``(c) Source of Sums.--Amounts authorized to be
appropriated pursuant to this section may be derived from the
Violent Crime Reduction Trust Fund.
``(d) Administration and Operations.--There is authorized
to be appropriated for the administration and operation of
the Office of Juvenile Crime Control and Prevention such sums
as may be necessary for each of fiscal years 2002 through
2007.
``(e) Availability of Funds.--Amounts made available
pursuant to this section and allocated in accordance with
this title in any fiscal year shall remain available until
expended.
``SEC. 262. ADMINISTRATIVE PROVISIONS.
``(a) Authority of Administrator.--The Office shall be
administered by the Administrator under the general authority
of the Attorney General.
``(b) Applicability of Certain Crime Control Provisions.--
Sections 809(c), 811(a), 811(b), 811(c), 812(a), 812(b), and
812(d) of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3789d(c), 3789f(a), 3789f(b), 3789f(c),
3789g(a), 3789g(b), and 3789g(d)) shall apply with respect to
the administration of and compliance with this title, except
that for purposes of this Act--
``(1) any reference to the Office of Justice Programs in
such sections shall be considered to be a reference to the
Assistant Attorney General who heads the Office of Justice
Programs; and
``(2) the term `this title' as it appears in such sections
shall be considered to be a reference to this title.
``(c) Applicability of Certain Other Crime Control
Provisions.--Sections 801(a), 801(c), and 806 of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3711(a), 3711(c), and 3787) shall apply with respect to the
administration of and compliance with this title, except
that, for purposes of this title--
``(1) any reference to the Attorney General, the Assistant
Attorney General who heads the Office of Justice Programs,
the Director of the National Institute of Justice, the
Director of the Bureau of Justice Statistics, or the Director
of the Bureau of Justice Assistance shall be considered to be
a reference to the Administrator;
[[Page S7510]]
``(2) any reference to the Office of Justice Programs, the
Bureau of Justice Assistance, the National Institute of
Justice, or the Bureau of Justice Statistics shall be
considered to be a reference to the Office of Juvenile Crime
Control and Prevention; and
``(3) the term `this title' as it appears in those sections
shall be considered to be a reference to this title.
``(d) Rules, Regulations, and Procedures.--The
Administrator may, after appropriate consultation with
representatives of States and units of local government, and
an opportunity for notice and comment in accordance with
subchapter II of chapter 5 of title 5, United States Code,
establish such rules, regulations, and procedures as are
necessary for the exercise of the functions of the Office and
as are consistent with the purpose of this Act.
``(e) Withholding.--The Administrator shall initiate such
proceedings as the Administrator determines to be appropriate
if the Administrator, after giving reasonable notice and
opportunity for hearing to a recipient of financial
assistance under this title, finds that--
``(1) the program or activity for which the grant or
contract involved was made has been so changed that the
program or activity no longer complies with this title; or
``(2) in the operation of such program or activity there is
failure to comply substantially with any provision of this
title.''.
(b) Repeal.--Title V of the Juvenile Justice and
Delinquency Prevention Act of 1974 (42 U.S.C. 5781 et seq.)
is repealed.
SEC. 103. JUVENILE OFFENDER ACCOUNTABILITY.
(a) Grant Program.--Part R of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796ee et
seq.) is amended to read as follows:
``PART R--JUVENILE ACCOUNTABILITY BLOCK GRANTS
``SEC. 1801. PROGRAM AUTHORIZED.
``(a) In General.--The Attorney General is authorized to
provide grants to States, for use by States and units of
local government, and in certain cases directly to specially
qualified units.
``(b) Authorized Activities.--Amounts paid to a State or a
unit of local government under this part shall be used by the
State or unit of local government for the purpose of
strengthening the juvenile justice system, which includes--
``(1) developing, implementing, and administering graduated
sanctions for juvenile offenders;
``(2) building, expanding, renovating, or operating
temporary or permanent juvenile correction, detention, or
community corrections facilities;
``(3) hiring juvenile court judges, probation officers, and
court-appointed defenders and special advocates, and funding
pretrial services for juvenile offenders, to promote the
effective and expeditious administration of the juvenile
justice system;
``(4) hiring additional prosecutors, so that more cases
involving violent juvenile offenders can be prosecuted and
case backlogs reduced;
``(5) providing funding to enable prosecutors to address
drug, gang, and youth violence problems more effectively and
for technology, equipment, and training to assist prosecutors
in identifying and expediting the prosecution of violent
juvenile offenders;
``(6) establishing and maintaining training programs for
law enforcement and other court personnel with respect to
preventing and controlling juvenile crime;
``(7) establishing juvenile gun courts for the prosecution
and adjudication of juvenile firearms offenders;
``(8) establishing drug court programs for juvenile
offenders that provide continuing judicial supervision over
juvenile offenders with substance abuse problems and the
integrated administration of other sanctions and services for
such offenders;
``(9) establishing and maintaining a system of juvenile
records designed to promote public safety;
``(10) establishing and maintaining interagency
information-sharing programs that enable the juvenile and
criminal justice system, schools, and social services
agencies to make more informed decisions regarding the early
identification, control, supervision, and treatment of
juveniles who repeatedly commit serious delinquent or
criminal acts;
``(11) establishing and maintaining accountability-based
programs designed to reduce recidivism among juveniles who
are referred by law enforcement personnel or agencies;
``(12) establishing and maintaining programs to conduct
risk and need assessments of juvenile offenders that
facilitate the effective early intervention and the provision
of comprehensive services, including mental health screening
and treatment and substance abuse testing and treatment to
such offenders;
``(13) establishing and maintaining accountability-based
programs that are designed to enhance school safety;
``(14) establishing and maintaining restorative justice
programs;
``(15) establishing and maintaining programs to enable
juvenile courts and juvenile probation officers to be more
effective and efficient in holding juvenile offenders
accountable and reducing recidivism; and
``(16) hiring detention and corrections personnel, and
establishing and maintaining training programs for such
personnel to improve facility practices and programming.
``(c) Definition.--In this section the term `restorative
justice program' means--
``(1) a program that emphasizes the moral accountability of
an offender toward the victim and the affected community; and
``(2) may include community reparations boards, restitution
(in the form of monetary payment or service to the victim or,
where no victim can be identified, service to the affected
community), and mediation between victim and offender.
``SEC. 1802. GRANT ELIGIBILITY.
``(a) State Eligibility.--To be eligible to receive a grant
under this part, a State shall submit to the Attorney General
an application at such time, in such form, and containing
such assurances and information as the Attorney General may
require by guidelines, including--
``(1) information about--
``(A) the activities proposed to be carried out with such
grant; and
``(B) the criteria by which the State proposes to assess
the effectiveness of such activities on achieving the
purposes of this part; and
``(2) assurances that the State and any unit of local
government to which the State provides funding under section
1803(b), has in effect (or shall have in effect, not later
than 1 year after the date that the State submits such
application) laws, or has implemented (or shall implement,
not later than 1 year after the date that the State submits
such application) policies and programs, that provide for a
system of graduated sanctions described in subsection (c).
``(b) Local Eligibility.--
``(1) Subgrant eligibility.--To be eligible to receive a
subgrant, a unit of local government, other than a specially
qualified unit, shall provide to the State--
``(A) information about--
``(i) the activities proposed to be carried out with such
subgrant; and
``(ii) the criteria by which the unit proposes to assess
the effectiveness of such activities on achieving the
purposes of this part; and
``(B) such assurances as the State shall require, that, to
the maximum extent applicable, the unit of local government
has in effect (or shall have in effect, not later than 1 year
after the date that the unit submits such application) laws,
or has implemented (or shall implement, not later than 1 year
after the date that the unit submits such application)
policies and programs, that provide for a system of graduated
sanctions described in subsection (c).
``(2) Special rule.--The requirements of paragraph (1)
shall apply to a specially qualified unit that receives funds
from the Attorney General under section 1803(e), except that
information that is otherwise required to be submitted to the
State shall be submitted to the Attorney General.
``(c) Graduated Sanctions.--A system of graduated
sanctions, which may be discretionary as provided in
subsection (d), shall ensure, at a minimum, that--
``(1) sanctions are imposed on a juvenile offender for each
delinquent offense;
``(2) sanctions escalate in intensity with each subsequent,
more serious delinquent offense;
``(3) there is sufficient flexibility to allow for
individualized sanctions and services suited to the
individual juvenile offender; and
``(4) appropriate consideration is given to public safety
and victims of crime.
``(d) Discretionary Use of Sanctions.--
``(1) Voluntary participation.--A State or unit of local
government may be eligible to receive a grant under this part
if--
``(A) its system of graduated sanctions is discretionary;
and
``(B) it demonstrates that it has promoted the use of a
system of graduated sanctions by taking steps to encourage
implementation of such a system by juvenile courts.
``(2) Reporting requirement if graduated sanctions not
used.--
``(A) Juvenile courts.--A State or unit of local government
in which the imposition of graduated sanctions is
discretionary shall require each juvenile court within its
jurisdiction--
``(i) which has not implemented a system of graduated
sanctions, to submit an annual report that explains why such
court did not implement graduated sanctions; and
``(ii) which has implemented a system of graduated
sanctions but has not imposed graduated sanctions in all
cases, to submit an annual report that explains why such
court did not impose graduated sanctions in all cases.
``(B) Units of local government.--Each unit of local
government, other than a specially qualified unit, that has 1
or more juvenile courts that use a discretionary system of
graduated sanctions shall collect the information reported
under subparagraph (A) for submission to the State each year.
``(C) States.--Each State and specially qualified unit that
has 1 or more juvenile courts that use a discretionary system
of graduated sanctions shall collect the information reported
under subparagraph (A) for submission to the Attorney General
each year. A State shall also collect and submit to the
Attorney General the information collected under subparagraph
(B).
``(e) Definitions.--In this section:
``(1) Discretionary.--The term `discretionary' means that a
system of graduated sanctions is not required to be imposed
by each and every juvenile court in a State or unit of local
government.
[[Page S7511]]
``(2) Sanctions.--The term `sanctions' means tangible,
proportional consequences that hold the juvenile offender
accountable for the offense committed. A sanction may include
counseling, restitution, community service, a fine,
supervised probation, or confinement.
``SEC. 1803. ALLOCATION AND DISTRIBUTION OF FUNDS.
``(a) State Allocation.--
``(1) In general.--In accordance with regulations
promulgated pursuant to this part and except as provided in
paragraph (3), the Attorney General shall allocate--
``(A) 0.25 percent for each State; and
``(B) of the total funds remaining after the allocation
under subparagraph (A), to each State, an amount which bears
the same ratio to the amount of remaining funds described in
this subparagraph as the population of people under the age
of 18 living in such State for the most recent calendar year
in which such data is available bears to the population of
people under the age of 18 of all the States for such fiscal
year.
``(2) Prohibition.--No funds allocated to a State under
this subsection or received by a State for distribution under
subsection (b) may be distributed by the Attorney General or
by the State involved for any program other than a program
contained in an approved application.
``(b) Local Distribution.--
``(1) In general.--Except as provided in paragraph (2),
each State which receives funds under subsection (a)(1) in a
fiscal year shall distribute among units of local government,
for the purposes specified in section 1801, not less than 75
percent of such amounts received.
``(2) Waiver.--The percentage referred to in paragraph (1)
shall equal the percentage determined by subtracting the
State percentage from 100 percent, if a State submits to the
Attorney General an application for waiver that demonstrates
and certifies to the Attorney General that--
``(A) the State's juvenile justice expenditures in the
fiscal year preceding the date in which an application is
submitted under this part (the `State percentage') is more
than 25 percent of the aggregate amount of juvenile justice
expenditures by the State and its eligible units of local
government; and
``(B) the State has consulted with as many units of local
government in such State, or organizations representing such
units, as practicable regarding the State's calculation of
expenditures under subparagraph (A), the State's application
for waiver under this paragraph, and the State's proposed
uses of funds.
``(3) Allocation.--In making the distribution under
paragraph (1), the State shall allocate to such units of
local government an amount which bears the same ratio to the
aggregate amount of such funds as--
``(A) the sum of--
``(i) the product of--
``(I) three-quarters; multiplied by
``(II) the average juvenile justice expenditure for such
unit of local government for the 3 most recent calendar years
for which such data is available; plus
``(ii) the product of--
``(I) one-quarter; multiplied by
``(II) the average annual number of part 1 violent crimes
in such unit of local government for the 3 most recent
calendar years for which such data is available, bears to--
``(B) the sum of the products determined under subparagraph
(A) for all such units of local government in the State.
``(4) Expenditures.--The allocation any unit of local
government shall receive under paragraph (3) for a payment
period shall not exceed 100 percent of juvenile justice
expenditures of the unit for such payment period.
``(5) Reallocation.--The amount of any unit of local
government's allocation that is not available to such unit by
operation of paragraph (4) shall be available to other units
of local government that are not affected by such operation
in accordance with this subsection.
``(c) Unavailability of Data for Units of Local
Government.--If the State has reason to believe that the
reported rate of part 1 violent crimes or juvenile justice
expenditures for a unit of local government is insufficient
or inaccurate, the State shall--
``(1) investigate the methodology used by the unit to
determine the accuracy of the submitted data; and
``(2) if necessary, use the best available comparable data
regarding the number of violent crimes or juvenile justice
expenditures for the relevant years for the unit of local
government.
``(d) Local Government With Allocations Less Than
$10,000.--If under this section a unit of local government is
allocated less than $10,000 for a payment period, the amount
allotted shall be expended by the State on services to units
of local government whose allotment is less than such amount
in a manner consistent with this part.
``(e) Direct Grants to Specially Qualified Units.--
``(1) In general.--If a State does not qualify or apply for
funds reserved for allocation under subsection (a) by the
application deadline established by the Attorney General, the
Attorney General shall reserve not more than 75 percent of
the allocation that the State would have received under
subsection (a) for such fiscal year to provide grants to
specially qualified units which meet the requirements for
funding under section 1802.
``(2) Award basis.--In addition to the qualification
requirements for direct grants for specially qualified units
the Attorney General may use the average amount allocated by
the States to units of local government as a basis for
awarding grants under this section.
``SEC. 1804. GUIDELINES.
``(a) In General.--The Attorney General shall issue
guidelines establishing procedures under which a State or
unit of local government that receives funds under section
1803 is required to provide notice to the Attorney General
regarding the proposed use of funds made available under this
part.
``(b) Advisory Board.--
``(1) In general.--The guidelines referred to in subsection
(a) shall include a requirement that such eligible State or
unit of local government establish and convene an advisory
board to review the proposed uses of such funds.
``(2) Membership.--The board shall include representation
from, if appropriate--
``(A) the State or local police department;
``(B) the local sheriff's department;
``(C) the State or local prosecutor's office;
``(D) the State or local juvenile court;
``(E) the State or local probation officer;
``(F) the State or local educational agency;
``(G) a State or local social service agency;
``(H) a nonprofit, nongovernmental victim advocacy
organization; and
``(I) a nonprofit, religious, or community group.
``SEC. 1805. PAYMENT REQUIREMENTS.
``(a) Timing of Payments.--The Attorney General shall pay
to each State or unit of local government that receives funds
under section 1803 that has submitted an application under
this part not later than the later of--
``(1) 180 days after the date that the amount is available,
or
``(2) the first day of the payment period if the State has
provided the Attorney General with the assurances required by
subsection (c).
``(b) Repayment of Unexpended Amounts.--
``(1) Repayment required.--From amounts awarded under this
part, a State or specially qualified unit shall repay to the
Attorney General, before the expiration of the 36-month
period beginning on the date of the award, any amount that is
not expended by such State or unit.
``(2) Extension.--The Attorney General may adopt policies
and procedures providing for a one-time extension, by not
more than 12 months, of the period referred to in paragraph
(1).
``(3) Penalty for failure to repay.--If the amount required
to be repaid is not repaid, the Attorney General shall reduce
payment in future payment periods accordingly.
``(4) Deposit of amounts repaid.--Amounts received by the
Attorney General as repayments under this subsection shall be
deposited in a designated fund for future payments to States
and specially qualified units.
``(c) Administrative Costs.--A State or unit of local
government that receives funds under this part may use not
more than 5 percent of such funds to pay for administrative
costs.
``(d) Nonsupplanting Requirement.--Funds made available
under this part to States and units of local government shall
not be used to supplant State or local funds as the case may
be, but shall be used to increase the amount of funds that
would, in the absence of funds made available under this
part, be made available from State or local sources, as the
case may be.
``(e) Matching Funds.--
``(1) In general.--The Federal share of a grant received
under this part may not exceed 90 percent of the total
program costs.
``(2) Construction of facilities.--Notwithstanding
paragraph (1), with respect to the cost of constructing
juvenile detention or correctional facilities, the Federal
share of a grant received under this part may not exceed 50
percent of approved cost.
``SEC. 1806. UTILIZATION OF PRIVATE SECTOR.
``Funds or a portion of funds allocated under this part may
be used by a State or unit of local government that receives
a grant under this part to contract with private, nonprofit
entities, or community-based organizations to carry out the
purposes specified under section 1801(b).
``SEC. 1807. ADMINISTRATIVE PROVISIONS.
``(a) In General.--A State or specially qualified unit that
receives funds under this part shall--
``(1) establish a trust fund in which the government will
deposit all payments received under this part;
``(2) use amounts in the trust fund (including interest)
during the period specified in section 1805(b)(1) and any
extension of that period under section 1805(b)(2);
``(3) designate an official of the State or specially
qualified unit to submit reports as the Attorney General
reasonably requires, in addition to the annual reports
required under this part; and
``(4) spend the funds only for the purposes under section
1801(b).
``(b) Title I Provisions.--Except as otherwise provided,
the administrative provisions of part H shall apply to this
part and for purposes of this section any reference in such
provisions to title I shall be deemed to include a reference
to this part.
``SEC. 1808. ASSESSMENT REPORTS.
``(a) Reports to Attorney General.--
``(1) In general.--Except as provided in paragraph (2), for
each fiscal year for which a grant or subgrant is awarded
under this
[[Page S7512]]
part, each State or unit of local government that receives
such a grant or subgrant shall submit to the Attorney General
a report, at such time and in such manner as the Attorney
General may reasonably require, which report shall include--
``(A) a summary of the activities carried out with such
grant or subgrant; and
``(B) an assessment of the effectiveness of such activities
on achieving the purposes of this part.
``(2) Waivers.--The Attorney General may waive the
requirement of an assessment in paragraph (1)(B) for a State
or unit of local government if the Attorney General
determines that--
``(A) the nature of the activities are such that assessing
their effectiveness would not be practical or insightful;
``(B) the amount of the grant or subgrant is such that
carrying out the assessment would not be an effective use of
those amounts; or
``(C) the resources available to the State or unit are such
that carrying out the assessment would pose a financial
hardship on the State or unit.
``(b) Reports to Congress.--Not later than 90 days after
the last day of each fiscal year for which 1 or more grants
are awarded under this part, the Attorney General shall
submit to the Congress a report, which shall include--
``(1) a summary of the information provided under
subsection (a);
``(2) the assessment of the Attorney General of the grant
program carried out under this part; and
``(3) such other information as the Attorney General
considers appropriate.
``SEC. 1809. DEFINITIONS.
``In this part:
``(1) Unit of local government.--The term `unit of local
government' means--
``(A) a county, township, city, or political subdivision of
a county, township, or city, that is a unit of local
government as determined by the Secretary of Commerce for
general statistical purposes;
``(B) any law enforcement district or judicial enforcement
district that--
``(i) is established under applicable State law; and
``(ii) has the authority, in a manner independent of other
State entities, to establish a budget and raise revenues; and
``(C) the District of Columbia and the recognized governing
body of an Indian tribe or Alaskan Native village that
carries out substantial governmental duties and powers.
``(2) Specially qualified unit.--The term `specially
qualified unit' means a unit of local government which may
receive funds under this part only in accordance with section
1803(e).
``(3) State.--The term `State' means any State of the
United States, the District of Columbia, the Commonwealth of
Puerto Rico, the Virgin Islands, American Samoa, Guam, and
the Northern Mariana Islands, except that American Samoa,
Guam, and the Northern Mariana Islands shall be considered as
1 State and that, for purposes of section 1803(a), 33 percent
of the amounts allocated shall be allocated to American
Samoa, 50 percent to Guam, and 17 percent to the Northern
Mariana Islands.
``(4) Juvenile.--The term `juvenile' means an individual
who is 17 years of age or younger.
``(5) Juvenile justice expenditures.--The term `juvenile
justice expenditures' means expenditures in connection with
the juvenile justice system, including expenditures in
connection with such system to carry out--
``(A) activities specified in section 1801(b); and
``(B) other activities associated with prosecutorial and
judicial services and corrections as reported to the Bureau
of the Census for the fiscal year preceding the fiscal year
for which a determination is made under this part.
``(6) Part 1 violent crimes.--The term `part 1 violent
crimes' means murder and nonnegligent manslaughter, forcible
rape, robbery, and aggravated assault as reported to the
Federal Bureau of Investigation for purposes of the Uniform
Crime Reports.
``SEC. 1810. AUTHORIZATION OF APPROPRIATIONS.
``(a) Oversight Accountability and Administration.--
``(1) In general.--Of the amount authorized to be
appropriated under section 261 of title II of the Juvenile
Justice and Delinquency Prevention Act of 1974 (42 U.S.C.
5611 et seq.), there shall be available to the Attorney
General, for each of the fiscal years 2002 through 2007 (as
applicable), to remain available until expended--
``(A) not more than 2 percent of that amount, for research,
evaluation, and demonstration consistent with this part;
``(B) not more than 1 percent of that amount, for training
and technical assistance; and
``(C) not more than 1 percent, for administrative costs to
carry out the purposes of this part.
``(2) Oversight plan.--The Attorney General shall establish
and execute an oversight plan for monitoring the activities
of grant recipients.
``(b) Funding Source.--Appropriations for activities
authorized in this part may be made from the Violent Crime
Reduction Trust Fund.''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on the first day of the first fiscal year
that begins after the date of the enactment of this Act.
(c) Transition of Juvenile Accountability Incentive Block
Grants Program.--For each grant made from amounts made
available for the Juvenile Accountability Incentive Block
Grants program (as described under the heading ``VIOLENT
CRIME REDUCTION PROGRAMS, STATE AND LOCAL LAW ENFORCEMENT
ASSISTANCE'' in the Department of Justice Appropriations Act,
2000 (as enacted by Public Law 106-113; 113 Stat. 1537-14)),
the grant award shall remain available to the grant recipient
for not more than 36 months after the date of receipt of the
grant.
SEC. 104. EXTENSION OF VIOLENT CRIME REDUCTION TRUST FUND.
(a) In General.--Section 310001(b) of the Violent Crime
Control and Law Enforcement Act of 1994 (42 U.S.C. 14211) is
amended by striking paragraphs (1) through (5) and inserting
the following:
``(1) for fiscal year 2002, $6,025,000,000;
``(2) for fiscal year 2003, $6,169,000,000;
``(3) for fiscal year 2004, $6,316,000,000;
``(4) for fiscal year 2005, $6,458,000,000;
``(5) for fiscal year 2006, $6,616,000,000; and
``(6) for fiscal year 2007, $6,774,000,000.''.
(b) Discretionary Limits.--Title XXXI of the Violent Crime
Control and Law Enforcement Act of 1994 (42 U.S.C. 14211 et
seq.) is amended by inserting after section 310001 the
following:
``SEC. 310002. DISCRETIONARY LIMITS.
``For the purposes of allocations made for the
discretionary category pursuant to section 302(a) of the
Congressional Budget Act of 1974 (2 U.S.C. 633(a)), the term
`discretionary spending limit' means--
``(1) with respect to fiscal year 2002--
``(A) for the discretionary category, amounts of budget
authority and outlays necessary to adjust the discretionary
spending limits to reflect the changes in subparagraph (B) as
determined by the Chairman of the Budget Committee; and
``(B) for the violent crime reduction category:
$6,025,000,000 in new budget authority and $5,718,000,000 in
outlays;
``(2) with respect to fiscal year 2003--
``(A) for the discretionary category, amounts of budget
authority and outlays necessary to adjust the discretionary
spending limits to reflect the changes in subparagraph (B) as
determined by the Chairman of the Budget Committee; and
``(B) for the violent crime reduction category:
$6,169,000,000 in new budget authority and $6,020,000,000 in
outlays;
``(3) with respect to fiscal year 2004--
``(A) for the discretionary category, amounts of budget
authority and outlays necessary to adjust the discretionary
spending limits to reflect the changes in subparagraph (B) as
determined by the Chairman of the Budget Committee; and
``(B) for the violent crime reduction category:
$6,316,000,000 in new budget authority and $6,161,000,000 in
outlays;
``(4) with respect to fiscal year 2005--
``(A) for the discretionary category, amounts of budget
authority and outlays necessary to adjust the discretionary
spending limits to reflect the changes in subparagraph (B) as
determined by the Chairman of the Budget Committee; and
``(B) for the violent crime reduction category:
$6,458,000,000 in new budget authority and $6,303,000,000 in
outlays;
``(5) with respect to fiscal year 2006--
``(A) for the discretionary category, amounts of budget
authority and outlays necessary to adjust the discretionary
spending limits to reflect the changes in subparagraph (B) as
determined by the Chairman of the Budget Committee; and
``(B) for the violent crime reduction category:
$6,616,000,000 in new budget authority and $6,452,000,000 in
outlays; and
``(6) with respect to fiscal year 2007--
``(A) for the discretionary category, amounts of budget
authority and outlays necessary to adjust the discretionary
spending limits to reflect the changes in subparagraph (B)
and determined by the Chairman of the Budget Committee; and
``(B) for the violent crime reduction category:
$6,774,000,000 in new budget authority and $6,606,000,000 in
outlays;
as adjusted in accordance with section 251(b) of the Balanced
Budget and Emergency Deficit Control Act of 1985 (2 U.S.C.
901(b)) and section 314 of the Congressional Budget Act of
1974;''.
TITLE II--PROTECTING CHILDREN FROM VIOLENCE
Subtitle A--Gun Show Background Checks
SECTION 201. SHORT TITLE.
This subtitle may be cited as the ``Gun Show Background
Check Act of 2001''.
SEC. 202. FINDINGS.
Congress finds that--
(1) more than 4,400 traditional gun shows are held annually
across the United States, attracting thousands of attendees
per show and hundreds of Federal firearms licensees and
nonlicensed firearms sellers;
(2) traditional gun shows, as well as flea markets and
other organized events, at which a large number of firearms
are offered for sale by Federal firearms licensees and
nonlicensed firearms sellers, form a significant part of the
national firearms market;
(3) firearms and ammunition that are exhibited or offered
for sale or exchange at gun shows, flea markets, and other
organized events move easily in and substantially affect
interstate commerce;
(4) in fact, even before a firearm is exhibited or offered
for sale or exchange at a gun
[[Page S7513]]
show, flea market, or other organized event, the gun, its
component parts, ammunition, and the raw materials from which
it is manufactured have moved in interstate commerce;
(5) gun shows, flea markets, and other organized events at
which firearms are exhibited or offered for sale or exchange,
provide a convenient and centralized commercial location at
which firearms may be bought and sold anonymously, often
without background checks and without records that enable gun
tracing;
(6) at gun shows, flea markets, and other organized events
at which guns are exhibited or offered for sale or exchange,
criminals and other prohibited persons obtain guns without
background checks and frequently use guns that cannot be
traced to later commit crimes;
(7) many persons who buy and sell firearms at gun shows,
flea markets, and other organized events cross State lines to
attend these events and engage in the interstate
transportation of firearms obtained at these events;
(8) gun violence is a pervasive, national problem that is
exacerbated by the availability of guns at gun shows, flea
markets, and other organized events;
(9) firearms associated with gun shows have been
transferred illegally to residents of another State by
Federal firearms licensees and nonlicensed firearms sellers,
and have been involved in subsequent crimes including drug
offenses, crimes of violence, property crimes, and illegal
possession of firearms by felons and other prohibited
persons; and
(10) Congress has the power, under the interstate commerce
clause and other provisions of the Constitution of the United
States, to ensure, by enactment of this subtitle, that
criminals and other prohibited persons do not obtain firearms
at gun shows, flea markets, and other organized events.
SEC. 203. EXTENSION OF BRADY BACKGROUND CHECKS TO GUN SHOWS.
(a) Definitions.--Section 921(a) of title 18, United States
Code, is amended by adding at the end the following:
``(35) Gun show.--The term `gun show' means any event--
``(A) at which 50 or more firearms are offered or exhibited
for sale, transfer, or exchange, if 1 or more of the firearms
has been shipped or transported in, or otherwise affects,
interstate or foreign commerce; and
``(B) at which--
``(i) not less than 20 percent of the exhibitors are
firearm exhibitors;
``(ii) there are not less than 10 firearm exhibitors; or
``(iii) 50 or more firearms are offered for sale, transfer,
or exchange.
``(36) Gun show promoter.--The term `gun show promoter'
means any person who organizes, plans, promotes, or operates
a gun show.
``(37) Gun show vendor.--The term `gun show vendor' means
any person who exhibits, sells, offers for sale, transfers,
or exchanges 1 or more firearms at a gun show, regardless of
whether or not the person arranges with the gun show promoter
for a fixed location from which to exhibit, sell, offer for
sale, transfer, or exchange 1 or more firearms.''
(b) Regulation of Firearms Transfers at Gun Shows.--
(1) In general.--Chapter 44 of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 931. Regulation of firearms transfers at gun shows
``(a) Registration of Gun Show Promoters.--It shall be
unlawful for any person to organize, plan, promote, or
operate a gun show unless that person--
``(1) registers with the Secretary in accordance with
regulations promulgated by the Secretary; and
``(2) pays a registration fee, in an amount determined by
the Secretary.
``(b) Responsibilities of Gun Show Promoters.--It shall be
unlawful for any person to organize, plan, promote, or
operate a gun show unless that person--
``(1) before commencement of the gun show, verifies the
identity of each gun show vendor participating in the gun
show by examining a valid identification document (as defined
in section 1028(d)(1)) of the vendor containing a photograph
of the vendor;
``(2) before commencement of the gun show, requires each
gun show vendor to sign--
``(A) a ledger with identifying information concerning the
vendor; and
``(B) a notice advising the vendor of the obligations of
the vendor under this chapter; and
``(3) notifies each person who attends the gun show of the
requirements of this chapter, in accordance with such
regulations as the Secretary shall prescribe; and
``(4) maintains a copy of the records described in
paragraphs (1) and (2) at the permanent place of business of
the gun show promoter for such period of time and in such
form as the Secretary shall require by regulation.
``(c) Responsibilities of Transferors Other Than
Licensees.--
``(1) In general.--If any part of a firearm transaction
takes place at a gun show, it shall be unlawful for any
person who is not licensed under this chapter to transfer a
firearm to another person who is not licensed under this
chapter, unless the firearm is transferred through a licensed
importer, licensed manufacturer, or licensed dealer in
accordance with subsection (e).
``(2) Criminal background checks.--A person who is subject
to the requirement of paragraph (1)--
``(A) shall not transfer the firearm to the transferee
until the licensed importer, licensed manufacturer, or
licensed dealer through which the transfer is made under
subsection (e) makes the notification described in subsection
(e)(3)(A); and
``(B) notwithstanding subparagraph (A), shall not transfer
the firearm to the transferee if the licensed importer,
licensed manufacturer, or licensed dealer through which the
transfer is made under subsection (e) makes the notification
described in subsection (e)(3)(B).
``(3) Absence of recordkeeping requirements.--Nothing in
this section shall permit or authorize the Secretary to
impose recordkeeping requirements on any nonlicensed vendor.
``(d) Responsibilities of Transferees Other Than
Licensees.--
``(1) In general.--If any part of a firearm transaction
takes place at a gun show, it shall be unlawful for any
person who is not licensed under this chapter to receive a
firearm from another person who is not licensed under this
chapter, unless the firearm is transferred through a licensed
importer, licensed manufacturer, or licensed dealer in
accordance with subsection (e).
``(2) Criminal background checks.--A person who is subject
to the requirement of paragraph (1)--
``(A) shall not receive the firearm from the transferor
until the licensed importer, licensed manufacturer, or
licensed dealer through which the transfer is made under
subsection (e) makes the notification described in subsection
(e)(3)(A); and
``(B) notwithstanding subparagraph (A), shall not receive
the firearm from the transferor if the licensed importer,
licensed manufacturer, or licensed dealer through which the
transfer is made under subsection (e) makes the notification
described in subsection (e)(3)(B).
``(e) Responsibilities of Licensees.--A licensed importer,
licensed manufacturer, or licensed dealer who agrees to
assist a person who is not licensed under this chapter in
carrying out the responsibilities of that person under
subsection (c) or (d) with respect to the transfer of a
firearm shall--
``(1) enter such information about the firearm as the
Secretary may require by regulation into a separate bound
record;
``(2) record the transfer on a form specified by the
Secretary;
``(3) comply with section 922(t) as if transferring the
firearm from the inventory of the licensed importer, licensed
manufacturer, or licensed dealer to the designated transferee
(although a licensed importer, licensed manufacturer, or
licensed dealer complying with this subsection shall not be
required to comply again with the requirements of section
922(t) in delivering the firearm to the nonlicensed
transferor), and notify the nonlicensed transferor and the
nonlicensed transferee--
``(A) of such compliance; and
``(B) if the transfer is subject to the requirements of
section 922(t)(1), of any receipt by the licensed importer,
licensed manufacturer, or licensed dealer of a notification
from the national instant criminal background check system
that the transfer would violate section 922 or would violate
State law;
``(4) not later than 10 days after the date on which the
transfer occurs, submit to the Secretary a report of the
transfer, which report--
``(A) shall be on a form specified by the Secretary by
regulation; and
``(B) shall not include the name of or other identifying
information relating to any person involved in the transfer
who is not licensed under this chapter;
``(5) if the licensed importer, licensed manufacturer, or
licensed dealer assists a person other than a licensee in
transferring, at 1 time or during any 5 consecutive business
days, 2 or more pistols or revolvers, or any combination of
pistols and revolvers totaling 2 or more, to the same
nonlicensed person, in addition to the reports required under
paragraph (4), prepare a report of the multiple transfers,
which report shall be--
``(A) prepared on a form specified by the Secretary; and
``(B) not later than the close of business on the date on
which the transfer occurs, forwarded to--
``(i) the office specified on the form described in
subparagraph (A); and
``(ii) the appropriate State law enforcement agency of the
jurisdiction in which the transfer occurs; and
``(6) retain a record of the transfer as part of the
permanent business records of the licensed importer, licensed
manufacturer, or licensed dealer.
``(f) Records of Licensee Transfers.--If any part of a
firearm transaction takes place at a gun show, each licensed
importer, licensed manufacturer, and licensed dealer who
transfers 1 or more firearms to a person who is not licensed
under this chapter shall, not later than 10 days after the
date on which the transfer occurs, submit to the Secretary a
report of the transfer, which report--
``(1) shall be in a form specified by the Secretary by
regulation;
``(2) shall not include the name of or other identifying
information relating to the transferee; and
[[Page S7514]]
``(3) shall not duplicate information provided in any
report required under subsection (e)(4).
``(g) Firearm Transaction Defined.--In this section, the
term `firearm transaction'--
``(1) includes the offer for sale, sale, transfer, or
exchange of a firearm; and
``(2) does not include the mere exhibition of a firearm.''.
(2) Penalties.--Section 924(a) of title 18, United States
Code, is amended by adding at the end the following:
``(7)(A) Whoever knowingly violates section 931(a) shall be
fined under this title, imprisoned not more than 5 years, or
both.
``(B) Whoever knowingly violates subsection (b) or (c) of
section 931, shall be--
``(i) fined under this title, imprisoned not more than 2
years, or both; and
``(ii) in the case of a second or subsequent conviction,
such person shall be fined under this title, imprisoned not
more than 5 years, or both.
``(C) Whoever willfully violates section 931(d), shall be--
``(i) fined under this title, imprisoned not more than 2
years, or both; and
``(ii) in the case of a second or subsequent conviction,
such person shall be fined under this title, imprisoned not
more than 5 years, or both.
``(D) Whoever knowingly violates subsection (e) or (f) of
section 931 shall be fined under this title, imprisoned not
more than 5 years, or both.
``(E) In addition to any other penalties imposed under this
paragraph, the Secretary may, with respect to any person who
knowingly violates any provision of section 931--
``(i) if the person is registered pursuant to section
931(a), after notice and opportunity for a hearing, suspend
for not more than 6 months or revoke the registration of that
person under section 931(a); and
``(ii) impose a civil fine in an amount equal to not more
than $10,000.''.
(3) Technical and conforming amendments.--Chapter 44 of
title 18, United States Code, is amended--
(A) in the chapter analysis, by adding at the end the
following:
``931. Regulation of firearms transfers at gun shows.'';
and
(B) in the first sentence of section 923(j), by striking
``a gun show or event'' and inserting ``an event''; and
(c) Inspection Authority.--Section 923(g)(1) is amended by
adding at the end the following:
``(E) Notwithstanding subparagraph (B), the Secretary may
enter during business hours the place of business of any gun
show promoter and any place where a gun show is held for the
purposes of examining the records required by sections 923
and 931 and the inventory of licensees conducting business at
the gun show. Such entry and examination shall be conducted
for the purposes of determining compliance with this chapter
by gun show promoters and licensees conducting business at
the gun show and shall not require a showing of reasonable
cause or a warrant.''.
(d) Increased Penalties for Serious Recordkeeping
Violations by Licensees.--Section 924(a)(3) of title 18,
United States Code, is amended to read as follows:
``(3)(A) Except as provided in subparagraph (B), any
licensed dealer, licensed importer, licensed manufacturer, or
licensed collector who knowingly makes any false statement or
representation with respect to the information required by
this chapter to be kept in the records of a person licensed
under this chapter, or violates section 922(m) shall be fined
under this title, imprisoned not more than 1 year, or both.
``(B) If the violation described in subparagraph (A) is in
relation to an offense--
``(i) under paragraph (1) or (3) of section 922(b), such
person shall be fined under this title, imprisoned not more
than 5 years, or both; or
``(ii) under subsection (a)(6) or (d) of section 922, such
person shall be fined under this title, imprisoned not more
than 10 years, or both.''.
(e) Increased Penalties for Violations of Criminal
Background Check Requirements.--
(1) Penalties.--Section 924(a) of title 18, United States
Code, is amended--
(A) in paragraph (5), by striking ``subsection (s) or (t)
of section 922'' and inserting ``section 922(s)''; and
(B) by adding at the end the following:
``(8) Whoever knowingly violates section 922(t) shall be
fined under this title, imprisoned not more than 5 years, or
both.''.
(2) Elimination of certain elements of offense.--Section
922(t)(5) of title 18, United States Code, is amended by
striking ``and, at the time'' and all that follows through
``State law''.
(f) Gun Owner Privacy and Prevention of Fraud and Abuse of
System Information.--Section 922(t)(2)(C) of title 18, United
States Code, is amended by inserting before the period at the
end the following: ``, as soon as possible, consistent with
the responsibility of the Attorney General under section
103(h) of the Brady Handgun Violence Prevention Act to ensure
the privacy and security of the system and to prevent system
fraud and abuse, but in no event later than 90 days after the
date on which the licensee first contacts the system with
respect to the transfer''.
(g) Effective Date.--This subtitle and the amendments made
by this subtitle shall take effect 180 days after the date of
enactment of this Act.
Subtitle B--Gun Ban for Dangerous Juvenile Offenders
SEC. 211. PERMANENT PROHIBITION ON FIREARMS TRANSFERS TO OR
POSSESSION BY DANGEROUS JUVENILE OFFENDERS.
(a) Definition.--Section 921(a)(20) of title 18, United
States Code, is amended--
(1) by inserting ``(A)'' after ``(20)'';
(2) by redesignating subparagraphs ``(A)'' and ``(B)'' as
clauses ``(i)'' and ``(ii), respectively'';
(3) by inserting after subparagraph (A) the following:
``(B) For purposes of subsections (d) and (g) of section
922, the term `adjudicated delinquent' means an adjudication
of delinquency based upon a finding of the commission that an
act by a person prior to the eighteenth birthday of that
person, if committed by an adult, would be a serious drug
offense or violent felony (as defined in section 3559(c)(2)
of this title), on or after the date of enactment of this
paragraph.''; and
(4) by striking ``What constitutes'' through the end and
inserting the following: ``What constitutes a conviction of
such a crime or an adjudication of delinquency shall be
determined in accordance with the law of the jurisdiction in
which the proceedings were held. Any State conviction or
adjudication of delinquency which has been expunged or set
aside or for which a person has been pardoned or has had
civil rights restored by the jurisdiction in which the
conviction or adjudication of delinquency occurred shall be
considered a conviction or adjudication of delinquency unless
(i) the expunction, set aside, pardon or restoration of civil
rights is directed to a specific person, (ii) the State
authority granting the expunction, set aside, pardon or
restoration of civil rights has expressly determined that the
circumstances regarding the conviction and the person's
record and reputation are such that the person will not act
in a manner dangerous to public safety, and (iii) the
expunction, set aside, pardon, or restoration of civil rights
expressly authorizes the person to ship, transport, receive
or possess firearms. The requirement of this subparagraph for
an individualized restoration of rights shall apply whether
or not, under State law, the person's civil rights were taken
away by virtue of the conviction or adjudication.''.
(b) Prohibition.--Section 922 of title 18, United States
Code is amended--
(1) in subsection (d)--
(A) by striking ``or'' at the end of paragraph (8);
(B) by striking the period at the end of paragraph (9) and
inserting ``; or;'' and
(C) by inserting after paragraph (9) the following:
``(10) has been adjudicated delinquent.''; and
(2) in subsection (g)--
(A) by striking ``or'' at the end of paragraph (8);
(B) by striking the comma at the end of paragraph (9) and
inserting ``; or'', and
(C) by inserting after paragraph (9) the following:
``(10) who has been adjudicated delinquent,''.
(c) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
this section.
Subtitle C--Child Safety Locks
SECTION 221. SHORT TITLE.
This subtitle may be cited as the ``Child Safety Lock Act
of 2001''.
SEC. 222. REQUIREMENT OF CHILD HANDGUN SAFETY LOCKS.
(a) Definitions.--Section 921(a) of title 18, United States
Code, is amended by adding at the end the following:
``(38) The term `locking device' means a device or locking
mechanism--
``(A) that--
``(i) if installed on a firearm and secured by means of a
key or a mechanically, electronically, or electromechanically
operated combination lock, is designed to prevent the firearm
from being discharged without first deactivating or removing
the device by means of a key or mechanically, electronically,
or electromechanically operated combination lock;
``(ii) if incorporated into the design of a firearm, is
designed to prevent discharge of the firearm by any person
who does not have access to the key or other device designed
to unlock the mechanism and thereby allow discharge of the
firearm; or
``(iii) is a safe, gun safe, gun case, lock box, or other
device that is designed to store a firearm and that is
designed to be unlocked only by means of a key, a
combination, or other similar means; and
``(B) that is approved by a licensed firearms manufacturer
for use on the handgun with which the device or locking
mechanism is sold, delivered, or transferred.''.
(b) Unlawful Acts.--
(1) In general.--Section 922 of title 18, United States
Code, is amended by inserting after subsection (y) the
following:
``(z) Locking Devices.--
``(1) In general.--Except as provided in paragraph (2), it
shall be unlawful for any licensed manufacturer, licensed
importer, or licensed dealer to sell, deliver, or transfer
any handgun to any person other than a licensed manufacturer,
licensed importer, or licensed dealer, unless the transferee
is provided with a locking device for that handgun.
[[Page S7515]]
``(2) Exceptions.--Paragraph (1) does not apply to--
``(A) the--
``(i) manufacture for, transfer to, or possession by, the
United States or a State or a department or agency of the
United States, or a State or a department, agency, or
political subdivision of a State, of a firearm; or
``(ii) transfer to, or possession by, a law enforcement
officer employed by an entity referred to in clause (i) of a
firearm for law enforcement purposes (whether on or off
duty); or
``(B) the transfer to, or possession by, a rail police
officer employed by a rail carrier and certified or
commissioned as a police officer under the laws of a State of
a firearm for purposes of law enforcement (whether on or off
duty).''.
(2) Effective date.--Section 922(y) of title 18, United
States Code, as added by this subsection, shall take effect
180 days after the date of enactment of this Act.
(c) Liability; Evidence.--
(1) Liability.--Nothing in this section shall be construed
to--
(A) create a cause of action against any firearms dealer or
any other person for any civil liability; or
(B) establish any standard of care.
(2) Evidence.--Notwithstanding any other provision of law,
evidence regarding compliance or noncompliance with the
amendments made by this section shall not be admissible as
evidence in any proceeding of any court, agency, board, or
other entity, except with respect to an action to enforce
this section.
(3) Rule of construction.--Nothing in this subsection shall
be construed to bar a governmental action to impose a penalty
under section 924(p) of title 18, United States Code, for a
failure to comply with section 922(y) of that title.
(d) Civil Penalties.--Section 924 of title 18, United
States Code, is amended--
(1) in subsection (a)(1), by striking ``or (f)'' and
inserting ``(f), or (p)''; and
(2) by adding at the end the following:
``(p) Penalties Relating to Locking Devices.--
``(1) In general.--
``(A) Suspension or revocation of license; civil
penalties.--With respect to each violation of section
922(y)(1) by a licensee, the Secretary may, after notice and
opportunity for a hearing--
``(i) suspend or revoke any license issued to the licensee
under this chapter; or
``(ii) subject the licensee to a civil penalty in an amount
equal to not more than $10,000.
``(B) Review.--An action of the Secretary under this
paragraph may be reviewed only as provided in section 923(f).
``(2) Administrative remedies.--The suspension or
revocation of a license or the imposition of a civil penalty
under paragraph (1) does not preclude any administrative
remedy that is otherwise available to the Secretary.''.
SEC. 223. AMENDMENT OF CONSUMER PRODUCT SAFETY ACT.
(a) In General.--The Consumer Product Safety Act (15 U.S.C.
2051 et seq.) is amended by adding at the end the following:
``SEC. 38. CHILD HANDGUN SAFETY LOCKS.
``(a) Establishment of Standard.--
``(1) In general.--
``(A) Rulemaking required.--Notwithstanding section
3(a)(1)(E) of this Act, the Commission shall initiate a
rulemaking proceeding under section 553 of title 5, United
States Code, within 90 days after the date of enactment of
the Child Safety Lock Act of 2001 to establish a consumer
product safety standard for locking devices. The Commission
may extend the 90-day period for good cause. Notwithstanding
any other provision of law, including chapter 5 of title 5,
United States Code, the Commission shall promulgate a final
consumer product safety standard under this paragraph within
12 months after the date on which it initiated the
rulemaking. The Commission may extend that 12-month period
for good cause. The consumer product safety standard
promulgated under this paragraph shall take effect 6 months
after the date on which the final standard is promulgated.
``(B) Standard requirements.--The standard promulgated
under subparagraph (A) shall require locking devices that--
``(i) are sufficiently difficult for children to deactivate
or remove; and
``(ii) prevent the discharge of the handgun unless the
locking device has been deactivated or removed.
``(2) Certain provisions not to apply.--
``(A) Provisions of this act.--Sections 7, 9, and 30(d) of
this Act do not apply to the rulemaking proceeding under
paragraph (1). Section 11 of this Act does not apply to any
consumer product safety standard promulgated under paragraph
(1).
``(B) Chapter 5 of title 5.--Except for section 553,
chapter 5 of title 5, United States Code, does not apply to
this section.
``(C) Chapter 6 of title 5.--Chapter 6 of title 5, United
States Code, does not apply to this section.
``(D) National environmental policy act.--The National
Environmental Policy Act of 1969 (42 U.S.C. 4321) does not
apply to this section.
``(b) No Effect on State Law.--Notwithstanding section 26
of this Act, this section does not annul, alter, impair,
affect, or exempt any person subject to the provisions of
this section from complying with any provision of the law of
any State or any political subdivision of a State, except to
the extent that such provisions of State law are inconsistent
with any provision of this section, and then only to the
extent of the inconsistency. A provision of State law is not
inconsistent with this section if such provision affords
greater protection to children with respect to handguns than
is afforded by this section.
``(c) Enforcement.--Notwithstanding subsection (a)(2)(A),
the consumer product safety standard promulgated by the
Commission under subsection (a) shall be enforced under this
Act as if it were a consumer product safety standard
described in section 7(a).
``(d) Definitions.--In this section:
``(1) Child.--The term `child' means an individual who has
not attained the age of 13 years.
``(2) Locking device.--The term `locking device' has the
meaning given that term in clauses (i) and (iii) of section
921(a)(38)(A) of title 18, United States Code.''.
(b) Conforming Amendment.--Section 1 of the Consumer
Product Safety Act is amended by adding at the end of the
table of contents the following:
``Sec. 38. Child handgun safety locks.''.
(c) Authorization of Appropriations.--There are authorized
to be appropriated to the Consumer Product Safety Commission
$2,000,000 to carry out the provisions of section 38 of the
Consumer Product Safety Act, such sums as necessary to remain
available until expended.
Mr. KOHL. Mr. President, I rise today with Senator Biden to introduce
the Juvenile Crime Prevention and Control Act of 2001.
This bill is an important step forward in the debate on juvenile
justice. It is a comprehensive approach that recognizes prevention and
enforcement are indispensable partners in combating juvenile crime.
This bill addresses the issues most important to our communities, to
the police, to the teachers, to the social workers, and most
importantly, to the at-risk children whom we need to help. The
legislation does this by giving crime prevention programs the priority,
attention, and funding they deserve while recognizing that enforcement
programs are indispensable to safer communities.
Let me focus on one part of the legislation. The Juvenile Crime
Prevention and Control Act increases the authorization of Title V, the
Community Prevention Grant program, to $250 million. I worked closely
with Senator Hank Brown to create the Title V program in 1992 because
we listened to local law enforcement experts who told us that
prevention works. Almost a decade later, they still say the same thing:
a crime bill without adequate prevention is only a half-measure. That's
just common sense.
Congress has slowly realized the merits of crime prevention funding.
Since 1992, funding for Title V has increased from $20 million to $95
million. Unfortunately, almost two-thirds of that money has been
consistently earmarked for purposes other than crime and delinquency
prevention. The bill remedies this problem by ensuring that at least 75
percent of all Title V Community Prevention Grants be spent on pure
prevention and not set aside for other purposes.
We now know that crime prevention programs like Title V work. Studies
prove that crime prevention programs mean less crime. For example, a
RAND Study found that crime prevention efforts were three times more
cost-effective than increased punishment. A study of the Big Brothers/
Big Sisters' mentoring program showed that mentees were 46 percent less
likely to use drugs, 27 percent less likely to use alcohol, 33 percent
less likely to commit assault, and skipped 50 percent fewer days of
school. A University of Wisconsin study of 64 after-school programs
found that participating children became better students and developed
improved conflict resolution skills; in addition, vandalism decreased
at one third of the schools that participated in the programs.
One of the reasons these programs work is that Title V is designed to
let the people with the real expertise do what they know best. Title V
is a flexible program of direct local grants. The flexibility permits
each locality, through a local planning board of experts from the
community, to determine how to best fight juvenile crime and
delinquency. Title V trusts each community to address its unique
problems.
Law enforcement officials appreciate the importance of juvenile crime
prevention programs and crave more. Last year, I surveyed every sheriff
and chief of police in Wisconsin and found that 100 percent of
Wisconsin's sheriffs and 100 percent of the police chiefs of
Wisconsin's largest cities who responded to
[[Page S7516]]
the questionnaire believe more Federal money needs to be spent on crime
prevention programs. Similarly, more than 80 percent of the police
chiefs of small and mid-size cities in Wisconsin want more prevention
funding.
When asked how much of Federal juvenile crime funding should go to
prevention, these same law enforcement officials answer that close to
40 percent should be spent on prevention programs, far more than the
current level of prevention funding. The Juvenile Crime Prevention and
Control Act of 2001 listens to what local law enforcement experts have
been telling us for years and addresses their needs.
Of course, prevention is not the sole answer to juvenile crime.
Indeed, we need a comprehensive crime-fighting strategy aimed at
juvenile offenders and potential offenders, from violent predators to
children at-risk of becoming delinquent. This legislation understands
that. Tough law enforcement plays an essential role. Certain violent
juveniles should be incarcerated, and hopefully rehabilitated, and this
bill provides the States with sufficient funds to get them off the
streets and safeguard our communities.
Finally, no sensible juvenile crime fighting strategy is complete if
it does not address the toxic combination of children and guns. This
bill does that as well by mandating the sale of child safety locks with
every handgun and insisting that those locks are designed well enough
to work as intended.
Each year, teenagers and children are involved in more than 10,000
accidental shootings in which close to 800 people die. In addition,
every year 1,300 children use firearms to commit suicide. Safety locks
can be effective in deterring some of these incidents and in preventing
others.
The sad truth is that we are inviting disaster every time an unlocked
gun is stored but is still easily accessible to children. In fact, guns
are kept in 43 percent of American households with children. In 23
percent of the gun households, the guns are kept loaded. And, in one
out of every eight of those homes the guns are left unlocked.
During the last decade, crime rates, including juvenile crime rates,
have decreased. Since 1994, the juvenile arrest rate for violent crime
has dropped 36 percent. Nonetheless, the public perceives that juvenile
crime is a growing problem, especially school violence.
We need to remain vigilant and think creatively about how to maintain
this trend in falling juvenile crime. This measure provides a
comprehensive approach. Prevention, enforcement, and keeping guns out
of the hands of children are three essential elements to a common sense
juvenile crime strategy.
______
By Mr. BINGAMAN (for himself and Mr. DeWine):
S. 1166. A bill to establish the Next Generation Lighting Initiative
at the Department of Energy, and for other purposes; to the Committee
on Energy and Natural Resources.
Mr. BINGAMAN. Mr. President, I rise today with Senator DeWine to
introduce a bill authorizing the Secretary of Energy to lead the United
States into the next generation of lighting technology. If this bill is
enacted, I believe it will allow us not only to maintain a world
leadership role that Thomas Edison started, but promote efficiency
advances in a market which consumes 19 percent of our electrical energy
supply.
Lighting is a 40-billion-dollar global industry. The United States
occupies roughly one-third of that market. It's an extremely
competitive industry whose technology has been well established over
the course of 80 years. Today's lighting market primarily consists of
two technologies. The first technology is incandescent lighting, it's
the one Thomas Edison invented over 100 years ago. Incandescent
lighting relies on running a current through a wire to heat it up and
illuminate your surroundings. Only 5 percent of the electricity in a
conventional bulb is converted into visible light. The second type of
lighting is fluorescent lights, which use a combination of chemical
vapors, mainly mercury, to discharge light when current is passed
through it. Flourescent lights are six times more efficient than a
light bulb.
As I have mentioned, today's lighting uses up about 19 percent of our
electricity supply. In 1998, lighting electricity cost about 47 billion
dollars which accounted for about 100 million tons of carbon equivalent
from fossil energy plants.
Today, this paradigm is changing, because some scientists recently
made a leap ahead in lighting research. Technology leaps displace, very
quickly, traditional markets. We know the stories all too well, the
horse courier, the telegraph, the telephone and finally the Internet.
That is why Senator DeWine and I are proposing this legislation,
because some advances have been made in the areas of solid state
lighting that require a national investment that no one lighting
industry can match. This emerging technology has the capability to
disrupt our existing lighting markets. So quickly in fact, that other
countries have formed consortia between their governments, industries,
laboratories and universities. Solid state lighting is being taken very
seriously around the world.
Let me describe solid state lighting. The best examples are red light
emitting diodes, or ``LED's'', found in digital clocks. LED's produce
only one color but they do not burn up a wire like a bulb and are seven
times more efficient.
Until recently LED's were limited to yellow or red. That all changed
in 1995. In 1995, some Japanese researchers developed a blue LED. Soon
other bright colors started to emerge, such as green. That is when
things started to change. Because, white light is a combination of red,
blue, the recent Japanese breakthrough, and green or yellow. The recent
Japanese breakthrough of that simple blue LED has now made it possible
to produce white light from LED's ten times more efficient than a light
bulb.
If it is successful, white light LED's will revolutionize lighting
technology and will disrupt the existing industries. It's imperative
that we move quickly on these advances. We need a consortia between our
government, industry, research labs and academia to develop the
necessary pre-competitive research to maintain our leadership role in
this field.
I would like to mention one other technology that will change
lighting. That technology is found in your cell phone and on your
computer screen. It's called conductive polymers. Three Nobel Prizes
were just awarded for this technology. Conductive polymers offer the
possibility of covering large surface areas and replacing fluorescent
lamps. These materials will not only provide white light, but like your
computer screen, display text or programmed color pictures. These
technologies can be Internet controlled to adjust building lighting
across the country.
Given these advances, I would like to describe the Next Generation
Lighting Initiative Act. If enacted, it will move our country to
capture these revolutionary mergers between lighting and information.
It will supply the necessary pre-competitive R&D which no one industry
alone can provide, and, which we as holders of the public trust of
basic research owe a duty to further. It will keep the United States in
a leadership role of commercial lighting while promoting energy
efficiency that can either be ten times that of incandescent lights or
twice that of fluorescent lights. We need to enact this legislation
now.
The Next Generation Lighting Initiative authorizes the Department of
Energy to grant up to $480 million over ten years to a consortium of
the United States lighting industry and research institutions. The
goals of the Act are to have a 25 percent penetration of solid state
lighting into the commercial markets by the year 2012. The Next
Generation's consortium, will perform the basic and manufacturing
research. The lighting industry will take this R&D and develop the
necessary technologies to make it commercially viable.
This is precompetitive research. It is research that no one industry
by itself can achieve and which we have a duty to promote together with
industry. It has implications for our country's energy policy far
broader than economic competitiveness. It is the reduction in energy
consumption that makes it a national initiative. Once the pre-
competitive research is transitioned to industry then it should be
terminated, we think that will take about 10 years.
If this initiative is successful, then by 2025, it can reduce our
energy consumption by roughly 17 billion watts of
[[Page S7517]]
power or the need for 17 large electricity generating plants. That's as
much as 17 million homes consume in a single day. That's more homes
than in California, Oregon, and Washington combined.
So let me conclude that the Next Generation Lighting Initiative will
carry the U.S. lighting industry into the twenty first century. It
capitalizes on technologies that have emerged only five years ago but
have the potential to quickly displace our lighting industry. This
Initiative will reduce our nation's energy consumption and greenhouse
gas emission. The research necessary to advance this technology
requires a national investment that must be in partnership with
industry.
I encourage my colleagues to review this bill, offer their comments,
and, join Senator DeWine and me in its bipartisan support. I ask that
the text of the bill be printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 1166
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as ``Next Generation Lighting
Initiative Act''.
SEC. 2. FINDING.
Congress finds that it is in the economic and energy
security interests of the United States to encourage the
development of white light emitting diodes by providing
financial assistance to firms, or a consortium of firms, and
supporting research organizations in the lighting development
sectors.
SEC. 3. DEFINITIONS.
In this Act:
(1) Consortium.--The term ```consortium'' means the Next
Generation Lighting Initiative Consortium established under
section 5(b).
(2) Inorganic white light emitting diode.--The term
``inorganic white light emitting diode'' means a
semiconducting package that produces white light using
externally applied voltage.
(3) Lighting initiative.--The term ``Lighting Initiative''
means the Next Generation Lighting Initiative established by
section 4(a).
(4) Organic white light emitting diode.--The term ``organic
white light emitting diode'' means an organic semiconducting
compound that produces white light using externally applied
voltage.
(5) Planning board.--The term ``planning board'' means the
Next Generation Lighting Initiative Planning Board
established under section 5(a).
(6) Research organization.--The term ``research
organization'' means an organization that performs or
promotes research, development, and demonstration activities
with respect to white light emitting diodes.
(7) Secretary.--The term ``Secretary'' means the Secretary
of Energy, acting through the Assistant Secretary of Energy
for Energy Efficiency and Renewable Energy.
(8) White light emitting diode.--The term ``white light
emitting diode'' means--
(A) an inorganic white light emitting diode; and
(B) an organic white light emitting diode.
SEC. 4. NEXT GENERATION LIGHTING INITIATIVE.
(a) Establishment.--There is established in the Department
of Energy a lighting initiative to be known as the ``Next
Generation Lighting Initiative'' to research, develop, and
conduct demonstration activities on white light emitting
diodes.
(b) Objectives.--
(1) In general.--The objectives of the Lighting Initiative
shall be to develop, by 2011, white light emitting diodes
that, compared to incandescent and fluorescent lighting
technologies, are--
(A) longer lasting;
(B) more energy-efficient; and
(C) cost-competitive.
(2) Inorganic white light emitting diode.--The objective of
the Lighting Initiative with respect to inorganic white light
emitting diodes shall be to develop an inorganic white light
emitting diode that has an efficiency of 160 lumens per watt
and a 10-year lifetime.
(3) Organic white light emitting diode.--The objective of
the Lighting Initiative with respect to organic white light
emitting diodes shall be to develop an organic white light
emitting diode with an efficiency of 100 lumens per watt with
a 5-year lifetime that--
(A) illuminates over a full color spectrum;
(B) covers large areas over flexible surfaces; and
(C) does not contain harmful pollutants typical of
fluorescent lamps such as mercury.
SEC. 5. ADMINISTRATION.
(a) Planning Board.--
(1) In general.--The Secretary shall establish a planning
board, to be known as the ``Next Generation Lighting
Initiative Planning Board'', to assist the Secretary in
developing and implementing the Lighting Initiative.
(2) Composition.--The planning board shall be composed of--
(A) 4 members from universities, national laboratories, and
other individuals with expertise in white lighting, to be
appointed by the Secretary; and
(B) 3 members nominated by the consortium and appointed by
the Secretary.
(3) Study.--
(A) In general.--Not later than 180 days after the date of
enactment of this Act, the planning board shall complete a
study on strategies for the development and implementation of
white light emitting diodes.
(B) Requirements.--The study shall--
(i) develop a comprehensive strategy to implement, through
the Lighting Initiative, the use of white light emitting
diodes to increase energy efficiency and enhance United
States competitiveness; and
(ii) identify the research and development, manufacturing,
deployment, and marketing barriers that must be overcome to
achieve a goal of a 25 percent market penetration by white
light emitting diode technologies into the incandescent and
fluorescent lighting markets by the year 2012.
(C) Implementation.--As soon as practicable after the study
is submitted to the Secretary, the Secretary shall implement
the Lighting Initiative in accordance with the
recommendations of the planning board.
(b) Consortium.--
(1) In general.--The Secretary shall solicit the
establishment of a consortium, to be known as the ``Next
Generation Lighting Initiative Consortium'', to initiate and
manage basic and manufacturing related research contracts on
white light emitting diodes for the Lighting Initiative.
(2) Composition.--The consortium may be composed of firms,
national laboratories, and other entities so that the
consortium is representative of the United States solid state
lighting industry as a whole.
(3) Funding.--The consortium shall be funded by--
(A) membership fees; and
(B) grants provided under section 6.
SEC. 6. GRANT PROGRAM.
(a) In General.--The Secretary shall make grants to firms,
the consortium, and research organizations to conduct
research, development, and demonstration projects related to
white light emitting diode technologies.
(b) Requirements.--To be eligible to receive a grant under
this section, a consortium shall--
(1) enter into a consortium participation agreement that--
(A) is agreed to by all members; and
(B) describes the responsibilities of participants,
membership fees, and the scope of research activities; and
(2) develop a Lighting Initiative annual program plan.
(c) Annual Review.--
(1) In general.--An annual independent review of firms, the
consortium, and research organizations receiving a grant
under this section shall be conducted by--
(A) a committee appointed by the Secretary under the
Federal Advisory Committee Act (5 U.S.C. App.); or
(B) a committee appointed by the National Academy of
Sciences.
(2) Requirements.--Using clearly defined standards
established by the Secretary, the review shall assess
technology advances and commercial applicability of--
(A) the activities of the firms, consortium, or research
organizations during each fiscal year of the grant program;
and
(B) the goals of the firms, consortium, or research
organizations for the next fiscal year in the annual program
plan developed under subsection (b)(2).
(d) Allocation and Cost Sharing.--
(1) In general.--The amount of funds made available for any
fiscal year to provide grants under this section shall be
allocated in accordance with paragraphs (2) and (3).
(2) Research projects.--Funding for basic and manufacturing
research projects shall be allocated to the consortium.
(3) Development, deployment, and demonstration projects.--
Funding for development, deployment, and demonstration
projects shall be allocated to members of the consortium.
(4) Cost sharing.--Non-federal cost sharing shall be in
accordance with section 3002 of the Energy Policy Act of 1992
(42 U.S.C. 13542).
(e) Technical and Financial Assistance.--The national
laboratories and other pertinent Federal agencies shall
cooperate with and provide technical and financial assistance
to firms, the consortium, and research organizations
conducting research, development, and demonstration projects
carried out under this section.
(f) Audits.--
(1) In general.--The Secretary shall retain an independent,
commercial auditor to determine the extent to which funds
made available under this Act have been expended in a manner
that is consistent with the objectives under section 4(b) and
the annual operating plan of the consortium developed under
subsection (b)(2).
(2) Reports.--The auditor shall submit to Congress, the
Secretary, and the Comptroller General of the United States
an annual report containing the results of the audit.
(g) Applicable Law.--The Lighting Initiative shall not be
subject to the Federal Acquisition Regulation.
SEC. 7. PROTECTION OF INFORMATION.
Information obtained by the Federal Government on a
confidential basis under this Act shall be considered to
constitute trade secrets and commercial or financial
information obtained from a person and privileged or
[[Page S7518]]
confidential under section 552(b)(4) of title 5, United
States Code.
SEC. 8. INTELLECTUAL PROPERTY.
Members of the consortium shall have royalty-free
nonexclusive rights to use intellectual property derived from
consortium research conducted under this Act.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to
carry out this Act--
(1) $30,000,000 for fiscal year 2002; and
(2) $50,000,000 for each of fiscal years 2003 through 2011.
(b) Availability.--Amounts made available under this
section shall remain available until expended.
______
By Mrs. FEINSTEIN (for herself and Mr. Hagel):
S. 1167. A bill to amend the Immigration and Nationality Act to
permit the substitution of an alternative close family sponsor in the
case of the death of the person petitioning for an alien's admission to
the United States; to the Committee on the Judiciary.
Mrs. FEINSTEIN. Mr. President, I am pleased to introduce on behalf of
myself and Mr. Hagel, the Family Sponsor Immigration Act of 2001. This
legislation would address the situation of those whose U.S. sponsor
dies while they have the chance to adjust status or receive an
immigrant visa.
Under current law, a family member who petitions for a relative to
receive an immigrant visa must sign a legally binding affidavit of
support promising to provide for the support of the immigrant. This is
the last step before a green card is issued. If the family sponsor dies
while the green card application is pending, the applicant is forced to
find a new sponsor and restart the application process, usually a 7- to
8-year process, or face deportation.
The legislation I have introduced today would correct this anomaly in
the law by permitting another family member to stand in for the
deceased sponsor and sign the affidavit. Without this legislation,
another relative who qualifies as a family sponsor would have to file a
new immigrant visa petition on behalf of the relative and the relative
would have to go to the end of the line if the visa category is
numerically limited. Thus, the beneficiary would lose his priority date
for a visa based on the filing of the first petition, and in some
cases, face deportation.
With the passage of this legislation, even though there may be a
different sponsor, the beneficiary would not lose his or her priority
date to be admitted as a permanent resident of the United States. Nor
will the beneficiary be subject to deportation even though they meet
all the requirements for an immigrant visa.
A classic example of this situation was presented to my office just
recently. Earlier this year I introduced a private bill on behalf of
Zhenfu Ge, a 73-year-old Chinese grandmother whose daughter died before
the Immigration and Naturalization Service, INS, was able to complete
the final stage of application process: her interview. As a result, her
immigration application is no longer valid and she is now subject to
deportation. The private bill I introduced would allow her to adjust
her status, given that she has met all the requirements for a visa.
In previous years, I have introduced other private bills which
eventually became law. One bill was on behalf of Suchada Kwong, whose
husband was killed in a car accident just weeks before her final
interview with the INS. In 1997, I introduced a private bill on behalf
of Jasmin Salehi, a Korean immigrant who became ineligible for
permanent residency after her husband was murdered at a Denny's in
Reseda, California, where he worked as a manager.
In all of these cases, a family's grief was compounded by the
prospect of the deportation of a family member, who had met all the
requirements for a green card. This legislation is an efficient way to
alleviate the need for private legislation under these circumstances by
making the law more just for those who have chosen to become immigrants
in our country through the legal process.
We introduce the ``Family Immigration Act of 2001,'' in the hopes
that it will go further to alleviate some of hardships families face
when confronted by the untimely death of a sponsor. Similar legislation
has gained bipartisan support in the House of Representatives. I look
forward to working with my colleagues to move it quickly through the
Senate.
I ask unanimous consent that the text of the bill be printed in the
Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 1167
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Family Sponsor Immigration
Act of 2001''.
SEC. 2. SUBSTITUTION OF ALTERNATIVE SPONSOR IF ORIGINAL
SPONSOR HAS DIED.
(a) Permitting Substitution of Alternative Close Family
Sponsor in Case of Death of Petitioner.--
(1) Recognition of alternative sponsor.--Section 213A(f)(5)
of the Immigration and Nationality Act (8 U.S.C. 1183a(f)(5))
is amended to read as follows:
``(5) Non-petitioning cases.--Such term also includes an
individual who does not meet the requirement of paragraph
(1)(D) but who--
``(A) accepts joint and several liability with a
petitioning sponsor under paragraph (2) or relative of an
employment-based immigrant under paragraph (4) and who
demonstrates (as provided under paragraph (6)) the means to
maintain an annual income equal to at least 125 percent of
the Federal poverty line; or
``(B) is a spouse, parent, mother-in-law, father-in-law,
sibling, child (if at least 18 years of age), son, daughter,
son-in-law, daughter-in-law, brother-in-law, sister-in-law,
grandparent, or grandchild of a sponsored alien or a legal
guardian of a sponsored alien, meets the requirements of
paragraph (1) (other than subparagraph (D)), and executes an
affidavit of support with respect to such alien in a case in
which--
``(i) the individual petitioning under section 204 for the
classification of such alien died after the approval of such
petition; and
``(ii) the Attorney General has determined for humanitarian
reasons that revocation of such petition under section 205
would be inappropriate.''.
(2) Conforming amendment permitting substitution.--Section
212(a)(4)(C)(ii) of such Act (8 U.S.C. 1182(a)(4)(C)(ii)) is
amended by striking ``(including any additional sponsor
required under section 213A(f))'' and inserting ``(and any
additional sponsor required under section 213A(f) or any
alternative sponsor permitted under paragraph (5)(B) of such
section)''.
(3) Additional conforming amendments.--Section 213A(f) of
such Act (8 U.S.C. 1183a(f)) is amended, in each of
paragraphs (2) and (4)(B)(ii), by striking ``(5).'' and
inserting ``(5)(A).''.
(b) Effective Date.--The amendments made by subsection (a)
shall apply with respect to deaths occurring before, on, or
after the date of the enactment of this Act, except that, in
the case of a death occurring before such date, such
amendments shall apply only if--
(1) the sponsored alien--
(A) requests the Attorney General to reinstate the
classification petition that was filed with respect to the
alien by the deceased and approved under section 204 of the
Immigration and Nationality Act (8 U.S.C. 1154) before such
death; and
(B) demonstrates that he or she is able to satisfy the
requirement of section 212(a)(4)(C)(ii) of such Act (8 U.S.C.
1182(a)(4)(C)(ii)) by reason of such amendments; and
(2) the Attorney General reinstates such petition after
making the determination described in section
213A(f)(5)(B)(ii) of such Act (as amended by such
subsection).
____________________