[Congressional Record (Bound Edition), Volume 145 (1999), Part 8]
[Senate]
[Pages 11020-11090]
[From the U.S. Government Publishing Office, www.gpo.gov]



 VIOLENT AND REPEAT JUVENILE ACCOUNTABILITY AND REHABILITATION ACT OF 
                                  1999

  On May 20, 1999, the Senate passed S. 254, the Violent and Repeat 
Juvenile Accountability and Rehabilitation Act of 1999. The text of the 
bill follows:

                                 S. 254

       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 ``Violent 
     and Repeat Juvenile Offender Accountability and 
     Rehabilitation Act of 1999''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Severability.

                    TITLE I--JUVENILE JUSTICE REFORM

Sec. 101. Surrender to State authorities.
Sec. 102. Treatment of Federal juvenile offenders.
Sec. 103. Definitions.
Sec. 104. Notification after arrest.
Sec. 105. Release and detention prior to disposition.
Sec. 106. Speedy trial.
Sec. 107. Dispositional hearings.
Sec. 108. Use of juvenile records.
Sec. 109. Implementation of a sentence for juvenile offenders.
Sec. 110. Magistrate judge authority regarding juvenile defendants.
Sec. 111. Federal sentencing guidelines.
Sec. 112. Study and report on Indian tribal jurisdiction.

                        TITLE II--JUVENILE GANGS

Sec. 201. Solicitation or recruitment of persons in criminal street 
              gang activity.
Sec. 202. Increased penalties for using minors to distribute drugs.
Sec. 203. Penalties for use of minors in crimes of violence.
Sec. 204. Criminal street gangs.
Sec. 205. High intensity interstate gang activity areas.
Sec. 206. Increasing the penalty for using physical force to tamper 
              with witnesses, victims, or informants.
Sec. 207. Authority to make grants to prosecutors' offices to combat 
              gang crime and youth violence.
Sec. 208. Increase in offense level for participation in crime as a 
              gang member.
Sec. 209. Interstate and foreign travel or transportation in aid of 
              criminal gangs.
Sec. 210. Prohibitions relating to firearms.
Sec. 211. Clone pagers.

  TITLE III--JUVENILE CRIME CONTROL, ACCOUNTABILITY, AND DELINQUENCY 
                               PREVENTION

 Subtitle A--Reform of the Juvenile Justice and Delinquency Prevention 
                              Act of 1974

Sec. 301. Findings; declaration of purpose; definitions.
Sec. 302. Juvenile crime control and prevention.
Sec. 303. Runaway and homeless youth.
Sec. 304. National Center for Missing and Exploited Children.
Sec. 305. Transfer of functions and savings provisions.

Subtitle B--Accountability for Juvenile Offenders and Public Protection 
                            Incentive Grants

Sec. 321. Block grant program.
Sec. 322. Pilot program to promote replication of recent successful 
              juvenile crime reduction strategies.
Sec. 323. Repeal of unnecessary and duplicative programs.

[[Page 11021]]

Sec. 324. Extension of Violent Crime Reduction Trust Fund.
Sec. 325. Reimbursement of States for costs of incarcerating juvenile 
              aliens.

      Subtitle C--Alternative Education and Delinquency Prevention

Sec. 331. Alternative education.

                  Subtitle D--Parenting as Prevention

Sec. 341. Short title.
Sec. 342. Establishment of program.
Sec. 343. National Parenting Support and Education Commission.
Sec. 344. State and local parenting support and education grant 
              program.
Sec. 345. Grants to address the problem of violence related stress to 
              parents and children.

     TITLE IV--VOLUNTARY MEDIA AGREEMENTS FOR CHILDREN'S PROTECTION

                  Subtitle A--Children and the Media.

Sec. 401. Short title.
Sec. 402. Findings.
Sec. 403. Purposes; construction.
Sec. 404. Exemption of voluntary agreements on guidelines for certain 
              entertainment material from applicability of antitrust 
              laws.
Sec. 405. Exemption of activities to ensure compliance with ratings and 
              labeling systems from applicability of antitrust laws.
Sec. 406. Definitions.

                       Subtitle B--Other Matters.

Sec. 411. Study of marketing practices of motion picture, recording, 
              and video/personal computer game industries.

                  TITLE V--GENERAL FIREARM PROVISIONS

Sec. 501. Special licensees; special registrations.
Sec. 502. Clarification of authority to conduct firearm transactions at 
              gun shows.
Sec. 503. ``Instant check'' gun tax and gun owner privacy.
Sec. 504. Effective date.

       TITLE VI--RESTRICTING JUVENILE ACCESS TO CERTAIN FIREARMS

Sec. 601. Penalties for unlawful acts by juveniles.
Sec. 602. Effective date.

                       TITLE VII--ASSAULT WEAPONS

Sec. 701. Short title.
Sec. 702. Ban on importing large capacity ammunition feeding devices.
Sec. 703. Definition of large capacity ammunition feeding device.
Sec. 704. Effective date.

               TITLE VIII--EFFECTIVE GUN LAW ENFORCEMENT

             Subtitle A--Criminal Use of Firearms by Felons

Sec. 801. Short title.
Sec. 802. Findings.
Sec. 803. Criminal Use of Firearms by Felons Program.
Sec. 804. Annual reports.
Sec. 805. Authorization of appropriations.

   Subtitle B--Apprehension and Treatment of Armed Violent Criminals

Sec. 811. Apprehension and procedural treatment of armed violent 
              criminals.

                Subtitle C--Youth Crime Gun Interdiction

Sec. 821. Youth crime gun interdiction initiative.

                    Subtitle D--Gun Prosecution Data

Sec. 831. Collection of gun prosecution data.

     Subtitle E--Firearms Possession by Violent Juvenile Offenders

Sec. 841. Prohibition on firearms possession by violent juvenile 
              offenders.

            Subtitle F--Juvenile Access to Certain Firearms

Sec. 851. Penalties for firearm violations involving juveniles.

                 Subtitle G--General Firearm Provisions

Sec. 861. National instant criminal background check system 
              improvements.

                      TITLE IX--ENHANCED PENALTIES

Sec. 901. Straw purchases.
Sec. 902. Stolen firearms.
Sec. 903. Increase in penalties for crimes involving firearms.
Sec. 904. Increased penalties for distributing drugs to minors.
Sec. 905. Increased penalty for drug trafficking in or near a school or 
              other protected location.

                     TITLE X--CHILD HANDGUN SAFETY

Sec. 1001. Short title.
Sec. 1002. Purposes.
Sec. 1003. Firearms safety.
Sec. 1004. Effective date.

            TITLE XI--SCHOOL SAFETY AND VIOLENCE PREVENTION

Sec. 1101. School safety and violence prevention.
Sec. 1102. Study.
Sec. 1103. School uniforms.
Sec. 1104. Transfer of school disciplinary records.
Sec. 1105. School violence research.
Sec. 1106. National character achievement award.
Sec. 1107. National Commission on Character Development.
Sec. 1108. Juvenile access to treatment.
Sec. 1109. Background checks.
Sec. 1110. Drug tests.
Sec. 1111. Sense of the Senate.

              TITLE XII--TEACHER LIABILITY PROTECTION ACT

Sec. 1201. Short title.
Sec. 1202. Findings and purpose.
Sec. 1203. Preemption and election of State nonapplicability.
Sec. 1204. Limitation on liability for teachers.
Sec. 1205. Liability for noneconomic loss.
Sec. 1206. Definitions.
Sec. 1207. Effective date.

 TITLE XIII--VIOLENCE PREVENTION TRAINING FOR EARLY CHILDHOOD EDUCATORS

Sec. 1301. Short title.
Sec. 1302. Purpose.
Sec. 1303. Findings.
Sec. 1304. Definitions.
Sec. 1305. Program authorized.
Sec. 1306. Application.
Sec. 1307. Selection priorities.
Sec. 1308. Authorization of appropriations.

 TITLE XIV--PREVENTING JUVENILE DELINQUENCY THROUGH CHARACTER EDUCATION

Sec. 1401. Purpose.
Sec. 1402. Authorization of appropriations.
Sec. 1403. School-based programs.
Sec. 1404. After school programs.
Sec. 1405. General provisions.

       TITLE XV--VIOLENT OFFENDER DNA IDENTIFICATION ACT OF 1999

Sec. 1501. Short title.
Sec. 1502. Elimination of convicted offender DNA backlog.
Sec. 1503. DNA identification of Federal, District of Columbia, and 
              military violent offenders.

                  TITLE XVI--MISCELLANEOUS PROVISIONS

                     Subtitle A--General Provisions

Sec. 1601. Prohibition on firearms possession by violent juvenile 
              offenders.
Sec. 1602. Safe students.
Sec. 1603. Study of marketing practices of the firearms industry.
Sec. 1604. Provision of Internet filtering or screening software by 
              certain Internet service providers.
Sec. 1605. Application of section 923 (j) and (m).
Sec. 1606. Constitutionality of memorial services and memorials at 
              public schools.
Sec. 1607. Twenty-first Amendment enforcement.
Sec. 1608. Interstate shipment and delivery of intoxicating liquors.
Sec. 1609. Disclaimer on materials produced, procured or distributed 
              from funding authorized by this Act.
Sec. 1610. Aimee's Law.
Sec. 1611. Drug tests and locker inspections.
Sec. 1612. Waiver for local match requirement under community policing 
              program.
Sec. 1613. Carjacking offenses.
Sec. 1614. Special forfeiture of collateral profits of crime.
Sec. 1615. Caller identification services to elementary and secondary 
              schools as part of universal service obligation.
Sec. 1616. Parent leadership model.
Sec. 1617. National media campaign against violence.
Sec. 1618. Victims of terrorism.
Sec. 1619. Truth-in-sentencing incentive grants.
Sec. 1620. Application of provision relating to a sentence of death for 
              an act of animal enterprise terrorism.
Sec. 1621. Prohibitions relating to explosive materials.
Sec. 1622. District judges for districts in the States of Arizona, 
              Florida, and Nevada.
Sec. 1623. Behavioral and social science research on youth violence.
Sec. 1624. Sense of the Senate regarding mentoring programs.
Sec. 1625. Families and Schools Together program.
Sec. 1626. Amendments relating to violent crime in Indian country and 
              areas of exclusive Federal jurisdiction.
Sec. 1627. Federal Judiciary Protection Act of 1999.
Sec. 1628. Local enforcement of local alcohol prohibitions that reduce 
              juvenile crime in remote Alaska villages.
Sec. 1629. Rule of Construction.
Sec. 1630. Bounty hunter accountability and quality assistance.
Sec. 1631. Assistance for unincorporated neighborhood watch programs.
Sec. 1632. Findings and sense of Congress.
Sec. 1633. Prohibition on promoting violence on Federal property.
Sec. 1634. Provisions relating to pawn shops and special licensees.
Sec. 1635. Extension of Brady background checks to gun shows.
Sec. 1636. Appropriate interventions and services; clarification of 
              Federal law.
Sec. 1637. Safe schools.
Sec. 1638. School counseling.

[[Page 11022]]

Sec. 1639. Criminal prohibition on distribution of certain information 
              relating to explosives, destructive devices, and weapons 
              of mass destruction.

                Subtitle B--James Guelff Body Armor Act

Sec. 1641. Short title.
Sec. 1642. Findings.
Sec. 1643. Definitions.
Sec. 1644. Amendment of sentencing guidelines with respect to body 
              armor.
Sec. 1645. Prohibition of purchase, use, or possession of body armor by 
              violent felons.
Sec. 1646. Donation of Federal surplus body armor to State and local 
              law enforcement agencies.
Sec. 1647. Additional findings; purpose.
Sec. 1648. Matching grant programs for law enforcement bullet resistant 
              equipment and for video cameras.
Sec. 1649. Sense of Congress.
Sec. 1650. Technology development.
Sec. 1651. Matching grant program for law enforcement armor vests.

        Subtitle C--Animal Enterprise Terrorism and Ecoterrorism

Sec. 1652. Enhancement of penalties for animal enterprise terrorism.
Sec. 1653. National animal terrorism and ecoterrorism incident 
              clearinghouse.

                 Subtitle D--Jail-Based Substance Abuse

Sec. 1654. Jail-based substance abuse treatment programs.

                    Subtitle E--Safe School Security

Sec. 1655. Short title.
Sec. 1656. Establishment of School Security Technology Center.
Sec. 1657. Grants for local school security programs.
Sec. 1658. Safe and secure school advisory report.

                   Subtitle F--Internet Prohibitions

Sec. 1661. Short title.
Sec. 1662. Findings; purpose.
Sec. 1663. Prohibitions on uses of the Internet.
Sec. 1664. Effective date.

              Subtitle G--Partnerships for High-Risk Youth

Sec. 1671. Short title.
Sec. 1672. Findings.
Sec. 1673. Purposes.
Sec. 1674. Establishment of demonstration project.
Sec. 1675. Eligibility.
Sec. 1676. Uses of funds.
Sec. 1677. Authorization of appropriations.

              Subtitle H--National Youth Crime Prevention

Sec. 1681. Short title.
Sec. 1682. Purposes.
Sec. 1683. Establishment of National Youth Crime Prevention 
              Demonstration Project.
Sec. 1684. Eligibility.
Sec. 1685. Uses of funds.
Sec. 1686. Reports.
Sec. 1687. Definitions.
Sec. 1688. Authorization of appropriations.

             Subtitle I--National Youth Violence Commission

Sec. 1691. Short title.
Sec. 1692. National Youth Violence Commission.
Sec. 1693. Duties of the Commission.
Sec. 1694. Powers of the Commission.
Sec. 1695. Commission personnel matters.
Sec. 1696. Authorization of appropriations.
Sec. 1697. Termination of the Commission.

                       Subtitle J--School Safety

Sec. 1698. Short title.
Sec. 1699. Amendments to the Individuals with Disabilities Education 
              Act.

     SEC. 2. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds that--
       (1) at the outset of the 20th century, the States adopted a 
     separate justice system for juvenile offenders;
       (2) violent crimes committed by juveniles, such as 
     homicide, rape, and robbery, were an unknown phenomenon then, 
     but the rate at which juveniles commit such crimes has 
     escalated astronomically since that time;
       (3) in 1994--
       (A) the number of persons arrested overall for murder in 
     the United States decreased by 5.8 percent, but the number of 
     persons who are less than 15 years of age arrested for murder 
     increased by 4 percent; and
       (B) the number of persons arrested for all violent crimes 
     increased by 1.3 percent, but the number of persons who are 
     less than 15 years of age arrested for violent crimes 
     increased by 9.2 percent, and the number of persons less than 
     18 years of age arrested for such crimes increased by 6.5 
     percent;
       (4) from 1985 to 1996, the number of persons arrested for 
     all violent crimes increased by 52.3 percent, but the number 
     of persons under age 18 arrested for violent crimes rose by 
     75 percent;
       (5) the number of juvenile offenders is expected to undergo 
     a massive increase during the first 2 decades of the twenty-
     first century, culminating in an unprecedented number of 
     violent offenders who are less than 18 years of age;
       (6) the rehabilitative model of sentencing for juveniles, 
     which Congress rejected for adult offenders when Congress 
     enacted the Sentencing Reform Act of 1984, is inadequate and 
     inappropriate for dealing with many violent and repeat 
     juvenile offenders;
       (7) the Federal Government should encourage the States to 
     experiment with progressive solutions to the escalating 
     problem of juveniles who commit violent crimes and who are 
     repeat offenders, including prosecuting such offenders as 
     adults, but should not impose specific strategies or programs 
     on the States;
       (8) an effective strategy for reducing violent juvenile 
     crime requires greater collection of investigative data and 
     other information, such as fingerprints and DNA evidence, as 
     well as greater sharing of such information--
       (A) among Federal, State, and local agencies, including the 
     courts; and
       (B) among the law enforcement, educational, and social 
     service systems;
       (9) data regarding violent juvenile offenders should be 
     made available to the adult criminal justice system if 
     recidivism by criminals is to be addressed adequately;
       (10) holding juvenile proceedings in secret denies victims 
     of crime the opportunity to attend and be heard at such 
     proceedings, helps juvenile offenders to avoid accountability 
     for their actions, and shields juvenile proceedings from 
     public scrutiny and accountability;
       (11) the injuries and losses suffered by the victims of 
     violent crime are no less painful or devastating because the 
     offender is a juvenile; and
       (12) the prevention, investigation, prosecution, 
     adjudication, and punishment of criminal offenses committed 
     by juveniles, and the rehabilitation and correction of 
     juvenile offenders are, and should remain, primarily the 
     responsibility of the States, to be carried out without 
     interference from the Federal Government.
       (b) Purposes.--The purposes of this Act are--
       (1) to reform Federal juvenile justice programs and 
     policies in order to promote the emergence of juvenile 
     justice systems in which the paramount concerns are providing 
     for the safety of the public and holding juvenile wrongdoers 
     accountable for their actions, while providing the wrongdoer 
     a genuine opportunity for self-reform;
       (2) to revise the procedures in Federal court that are 
     applicable to the prosecution of juvenile offenders; and
       (3) to encourage and promote, consistent with the ideals of 
     federalism, adoption of policies by the States to ensure that 
     the victims of violent crimes committed by juveniles receive 
     the same level of justice as do victims of violent crimes 
     that are committed by adults.

     SEC. 3. SEVERABILITY.

       If any provision of this Act, an amendment made by this 
     Act, or the application of such provision or amendment to any 
     person or circumstance is held to be unconstitutional, the 
     remainder of this Act, the amendments made by this Act, and 
     the application of the provisions of such to any person or 
     circumstance shall not be affected thereby.
                    TITLE I--JUVENILE JUSTICE REFORM

     SEC. 101. SURRENDER TO STATE AUTHORITIES.

       Section 5001 of title 18, United States Code, is amended by 
     striking the first undesignated paragraph and inserting the 
     following:
       ``Whenever any person who is less than 18 years of age is 
     been arrested and charged with the commission of an offense 
     (or an act of delinquency that would be an offense were it 
     committed by an adult) punishable in any court of the United 
     States or of the District of Columbia, the United States 
     Attorney for the district in which such person has been 
     arrested may forego prosecution pursuant to section 
     5032(a)(2) if, after investigation by the United States 
     Attorney, it appears that--
       ``(1) such person has committed an act that is also an 
     offense or an act of delinquency under the law of any State 
     or the District of Columbia;
       ``(2) such State or the District of Columbia, as 
     applicable, can and will assume jurisdiction over such 
     juvenile and will take such juvenile into custody and deal 
     with the juvenile in accordance with the law of such State or 
     the District of Columbia, as applicable; and
       ``(3) it is in the best interests of the United States and 
     of the juvenile offender.''.

     SEC. 102. TREATMENT OF FEDERAL JUVENILE OFFENDERS.

       (a) In General.--Section 5032 of title 18, United States 
     Code, is amended to read as follows:

     ``Sec. 5032. Delinquency proceedings in district courts; 
       juveniles tried as adults; transfer for other criminal 
       prosecution

       ``(a) In General.--
       ``(1) Delinquency proceedings in district courts.--A 
     juvenile who is alleged to have committed a Federal offense 
     shall, except as provided in paragraph (2), be tried in the 
     appropriate district court of the United States--
       ``(A) in the case of an offense described in subsection 
     (c), and except as provided in subsection (i), if the 
     juvenile was not less than 14 years of age at the time of the 
     offense, as

[[Page 11023]]

     an adult at the discretion of the United States Attorney in 
     the appropriate jurisdiction, upon certification by that 
     United States Attorney (which certification shall not be 
     subject to review in or by any court, except as provided in 
     subsection (d)(2)) that--
       ``(i) there is a substantial Federal interest in the case 
     or the offense to warrant the exercise of Federal 
     jurisdiction; or
       ``(ii) the ends of justice otherwise so require;
       ``(B) in the case of a felony offense that is not described 
     in subsection (c), and except as provided in subsection (i), 
     if the juvenile was not less than 14 years of age at the time 
     of the offense, as an adult, upon certification by the 
     Attorney General (which certification shall not be subject to 
     review in or by any court, except as provided in subsection 
     (d)(2)) that--
       ``(i) there is a substantial Federal interest in the case 
     or the offense to warrant the exercise of Federal 
     jurisdiction; or
       ``(ii) the ends of justice otherwise so require;
       ``(C) in the case of a juvenile who has, on a prior 
     occasion, been tried and convicted as an adult under this 
     section, as an adult; and
       ``(D) in all other cases, as a juvenile.
       ``(2) Referral by united states attorney; application to 
     concurrent jurisdiction.--
       ``(A) In general.--If the United States Attorney in the 
     appropriate jurisdiction (or in the case of an offense under 
     paragraph (1)(B), the Attorney General), declines prosecution 
     of an offense under this section, the matter may be referred 
     to the appropriate legal authorities of the State or Indian 
     tribe with jurisdiction over both the offense and the 
     juvenile.
       ``(B) Application to concurrent jurisdiction.--The United 
     States Attorney in the appropriate jurisdiction (or, in the 
     case of an offense under paragraph (1)(B), the Attorney 
     General), in cases in which both the Federal Government and a 
     State or Indian tribe have penal provisions that criminalize 
     the conduct at issue and both have jurisdiction over the 
     juvenile, shall exercise a presumption in favor of referral 
     pursuant to subparagraph (A), unless the United States 
     Attorney pursuant to paragraph (1)(A) (or the Attorney 
     General pursuant to paragraph (1)(B)) certifies (which 
     certification shall not be subject to review in or by any 
     court) that--
       ``(i) the prosecuting authority or the juvenile court or 
     other appropriate court of the State or Indian tribe refuses, 
     declines, or will refuse or will decline to assume 
     jurisdiction over the conduct or the juvenile; and
       ``(ii) there is a substantial Federal interest in the case 
     or the offense to warrant the exercise of Federal 
     jurisdiction.
       ``(C) Definition.--In this subsection, the term `Indian 
     tribe' has the meaning given the term in section 4(e) of the 
     Indian Self-Determination and Education Assistance Act (25 
     U.S.C. 450b(e)).
       ``(b) Joinder; Lesser Included Offenses.--In a prosecution 
     under this section, a juvenile may be prosecuted and 
     convicted as an adult for any offense that is properly joined 
     under the Federal Rules of Criminal Procedure with an offense 
     described in subsection (c), and may also be convicted of a 
     lesser included offense.
       ``(c) Offenses Described.--An offense is described in this 
     subsection if it is a Federal offense that--
       ``(1) is a serious violent felony or a serious drug offense 
     (as those terms are defined in section 3559(c), except that 
     section 3559(c)(3) does not apply to this subsection); or
       ``(2) is a conspiracy or an attempt to commit an offense 
     described in paragraph (1).
       ``(d) Waiver to Juvenile Status in Certain Cases; 
     Limitations on Judicial Review.--
       ``(1) In general.--Except as otherwise provided in this 
     subsection, a determination to approve or not to approve, or 
     to institute or not to institute, a prosecution under 
     subsection (a)(1) shall not be reviewable in any court.
       ``(2) Determination by court on trial as adult of certain 
     juvenile.--In any prosecution of a juvenile under subsection 
     (a)(1)(A) if the juvenile was less than 16 years of age at 
     the time of the offense, or under subsection (a)(1)(B), upon 
     motion of the defendant and after a hearing, the court in 
     which criminal charges have been filed shall determine 
     whether to issue an order to provide for the transfer of the 
     defendant to juvenile status for the purposes of proceeding 
     against the defendant or for referral under subsection (a).
       ``(3) Time requirements.--A motion by a defendant under 
     paragraph (2) shall not be considered unless that motion is 
     filed not later than 30 days after the date on which the 
     defendant--
       ``(A) appears through counsel to answer an indictment; or
       ``(B) expressly waives the right to counsel and elects to 
     proceed pro se.
       ``(4) Prohibition.--The court shall not order the transfer 
     of a defendant to juvenile status under paragraph (2) unless 
     the defendant establishes by a preponderance of the evidence 
     or information that removal to juvenile status would be in 
     the interest of justice. In making a determination under 
     paragraph (2), the court may consider--
       ``(A) the nature of the alleged offense, including the 
     extent to which the juvenile played a leadership role in an 
     organization, or otherwise influenced other persons to take 
     part in criminal activities;
       ``(B) whether prosecution of the juvenile as an adult is 
     necessary to protect property or public safety;
       ``(C) the age and social background of the juvenile;
       ``(D) the extent and nature of the prior criminal or 
     delinquency record of the juvenile;
       ``(E) the intellectual development and psychological 
     maturity of the juvenile;
       ``(F) the nature of any treatment efforts and the response 
     of the juvenile to those efforts; and
       ``(G) the availability of programs designed to treat any 
     identified behavioral problems of the juvenile.
       ``(5) Status of orders.--
       ``(A) In general.--An order of the court made in ruling on 
     a motion by a defendant to transfer a defendant to juvenile 
     status under this subsection shall not be a final order for 
     the purpose of enabling an appeal, except that an appeal by 
     the United States shall lie to a court of appeals pursuant to 
     section 3731 from an order of a district court removing a 
     defendant to juvenile status.
       ``(B) Appeals.--Upon receipt of a notice of appeal of an 
     order under this paragraph, a court of appeals shall hear and 
     determine the appeal on an expedited basis.
       ``(6) Inadmissibility of evidence.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     no statement made by a defendant during or in connection with 
     a hearing under this subsection shall be admissible against 
     the defendant in any criminal prosecution.
       ``(B) Exceptions.--The prohibition under subparagraph (A) 
     shall apply, except--
       ``(i) for impeachment purposes; or
       ``(ii) in a prosecution for perjury or giving a false 
     statement.
       ``(7) Rules.--The rules concerning the receipt and 
     admissibility of evidence under this subsection shall be the 
     same as prescribed in section 3142(f).
       ``(e) Applicable Procedures.--Any prosecution in a district 
     court of the United States under this section--
       ``(1) in the case of a juvenile tried as an adult under 
     subsection (a), shall proceed in the same manner as is 
     required by this title and by the Federal Rules of Criminal 
     Procedure in any proceeding against an adult; and
       ``(2) in all other cases, shall proceed in accordance with 
     this chapter, unless the juvenile has requested in writing, 
     upon advice of counsel, to be proceeded against as an adult.
       ``(f) Application of Laws.--
       ``(1) Applicability of sentencing provisions.--
       ``(A) In general.--Except as otherwise provided in this 
     chapter, and subject to subparagraph (C) of this paragraph, 
     in any case in which a juvenile is prosecuted in a district 
     court of the United States as an adult, the juvenile shall be 
     subject to the same laws, rules, and proceedings regarding 
     sentencing (including the availability of probation, 
     restitution, fines, forfeiture, imprisonment, and supervised 
     release) that would be applicable in the case of an adult, 
     except that no person shall be subject to the death penalty 
     for an offense committed before the person attains the age of 
     18 years.
       ``(B) Status as adult.--No juvenile sentenced to a term of 
     imprisonment shall be released from custody on the basis that 
     the juvenile has attained the age of 18 years.
       ``(C) Applicable guidelines.--Each juvenile tried as an 
     adult shall be sentenced in accordance with the Federal 
     sentencing guidelines promulgated under section 994(z) of 
     title 28, United States Code, once such guidelines are 
     promulgated and take effect.
       ``(2) Applicability of mandatory restitution provisions to 
     certain juveniles.--If a juvenile is tried as an adult for 
     any offense to which the mandatory restitution provisions of 
     sections 3663A, 2248, 2259, 2264, and 2323 apply, those 
     sections shall apply to that juvenile in the same manner and 
     to the same extent as those provisions apply to adults.
       ``(g) Open Proceedings.--
       ``(1) In general.--Any offense tried or adjudicated in a 
     district court of the United States under this section shall 
     be open to the general public, in accordance with rules 10, 
     26, 31(a), and 53 of the Federal Rules of Criminal Procedure, 
     unless good cause is established by the moving party or is 
     otherwise found by the court, for closure.
       ``(2) Status alone insufficient.--The status of the 
     defendant as a juvenile, absent other factors, shall not 
     constitute good cause for purposes of this subsection.
       ``(h) Availability of Records.--
       ``(1) In general.--In making a determination concerning the 
     arrest or prosecution of a juvenile in a district court of 
     the United States under this section, the United States 
     Attorney of the appropriate jurisdiction, or, as appropriate, 
     the Attorney General, shall have complete access to the prior 
     Federal juvenile records of the subject juvenile and, to the 
     extent permitted by State law, the prior State juvenile 
     records of the subject juvenile.
       ``(2) Consideration of entire record.--In any case in which 
     a juvenile is found guilty or adjudicated delinquent in an 
     action under this section, the district court responsible for 
     imposing sentence shall have complete

[[Page 11024]]

     access to the prior Federal juvenile records of the subject 
     juvenile and, to the extent permitted under State law, the 
     prior State juvenile records of the subject juvenile. At 
     sentencing, the district court shall consider the entire 
     available prior juvenile record of the subject juvenile.
       ``(i) Application to Indian Country.--Notwithstanding 
     sections 1152 and 1153, certification under subparagraph (A) 
     or (B) of subsection (a)(1) shall not be made nor granted 
     with respect to a juvenile who is subject to the criminal 
     jurisdiction of an Indian tribal government if the juvenile 
     is less than 15 years of age at the time of offense and is 
     alleged to have committed an offense for which there would be 
     Federal jurisdiction based solely on commission of the 
     offense in Indian country (as defined in section 1151), 
     unless the governing body of the tribe having jurisdiction 
     over the place where the alleged offense was committed has, 
     before the occurrence of the alleged offense, notified the 
     Attorney General in writing of its election that prosecution 
     as an adult may take place under this section.''.
       (b) Conforming Amendments.--
       (1) Chapter analysis.--The analysis for chapter 403 of 
     title 18, United States Code, is amended by striking the item 
     relating to section 5032 and inserting the following:

``5032. Delinquency proceedings in district courts; juveniles tried as 
              adults; transfer for other criminal prosecution.''.

       (2) Adult sentencing.--Section 3553 of title 18, United 
     States Code, is amended by adding at the end the following:
       ``(g) Limitation on Applicability of Statutory Minimums in 
     Certain Prosecutions of Persons Younger Than 16.--
     Notwithstanding any other provision of law, in the case of a 
     defendant convicted for conduct that occurred before the 
     juvenile attained the age of 16 years, the court shall impose 
     a sentence without regard to any statutory minimum sentence, 
     if the court finds at sentencing, after affording the 
     Government an opportunity to make a recommendation, that the 
     juvenile has not been previously adjudicated delinquent for, 
     or convicted of, a serious violent felony or a serious drug 
     offense (as those terms are defined in section 3559(c)).
       ``(h) Treatment of Juvenile Criminal History in Federal 
     Sentencing.--
       ``(1) In general.--
       ``(A) Sentencing guidelines.--Pursuant to its authority 
     under section 994 of title 28, the United States Sentencing 
     Commission (referred to in this subsection as the 
     `Commission') shall amend the Federal sentencing guidelines 
     to provide that, in determining the criminal history score 
     under the Federal sentencing guidelines for any adult 
     offender or any juvenile offender being sentenced as an 
     adult, prior juvenile convictions and adjudications for 
     offenses described in paragraph (2) shall receive a score 
     similar to that which the defendant would have received if 
     those offenses had been committed by the defendant as an 
     adult, if any portion of the sentence for the offense was 
     imposed or served within 15 years after the commencement of 
     the instant offense.
       ``(B) Reviews.--The Commission shall review the criminal 
     history treatment of juvenile adjudications or convictions 
     for offenses other than those described in paragraph (2) to 
     determine whether the treatment should be adjusted as 
     described in subparagraph (A), and make any amendments to the 
     Federal sentencing guidelines as necessary to make whatever 
     adjustments the Commission concludes are necessary to 
     implement the results of the review.
       ``(2) Offenses described.--The offenses described in this 
     paragraph include any--
       ``(A) crime of violence;
       ``(B) controlled substance offense;
       ``(C) other offense for which the defendant received a 
     sentence or disposition of imprisonment of 1 year or more; 
     and
       ``(D) other offense punishable by a term of imprisonment of 
     more than 1 year for which the defendant was prosecuted as an 
     adult.
       ``(3) Definitions.--The Federal sentencing guidelines 
     described in paragraph (1) shall define the terms `crime of 
     violence' and `controlled substance offense' in substantially 
     the same manner as those terms are defined in Guideline 
     Section 4B1.2 of the November 1, 1995, Guidelines Manual.
       ``(4) Juvenile adjudications.--In carrying out this 
     subsection, the Commission--
       ``(A) shall assign criminal history points for juvenile 
     adjudications based principally on the nature of the acts 
     committed by the juvenile; an
       ``(B) may provide for some adjustment of the score in light 
     of the length of sentence the juvenile received.
       ``(5) Emergency authority.--The Commission shall promulgate 
     the Federal sentencing guidelines and amendments under this 
     subsection as soon as practicable, and in any event not later 
     than 90 days after the date of enactment of the Violent and 
     Repeat Juvenile Offender Accountability and Rehabilitation 
     Act of 1999, in accordance with the procedures set forth in 
     section 21(a) of the Sentencing Act of 1987, as though the 
     authority under that authority had not expired, except that 
     the Commission shall submit to Congress the emergency 
     guidelines or amendments promulgated under this section, and 
     shall set an effective date for those guidelines or 
     amendments not earlier than 30 days after their submission to 
     Congress.
       ``(6) Career offender determination.--Pursuant to its 
     authority under section 994 of title 28, the Commission shall 
     amend the Federal sentencing guidelines to provide for 
     inclusion, in any determination regarding whether a juvenile 
     or adult defendant is a career offender under section 994(h) 
     of title 28, and any computation of the sentence that any 
     defendant found to be a career offender should receive, of 
     any act for which the defendant was previously convicted or 
     adjudicated delinquent as a juvenile that would be a felony 
     covered by that section if it had been committed by the 
     defendant as an adult.''.

     SEC. 103. DEFINITIONS.

       Section 5031 of title 18, United States Code, is amended to 
     read as follows:

     ``Sec. 5031. Definitions

       ``In this chapter:
       ``(1) Adult inmate.--The term `adult inmate' means an 
     individual who has attained the age of 18 years and who is in 
     custody for, awaiting trial on, or convicted of criminal 
     charges committed while an adult or an act of juvenile 
     delinquency committed while a juvenile.
       ``(2) Juvenile.--The term `juvenile' means--
       ``(A) a person who has not attained the age of 18 years; or
       ``(B) for the purpose of proceedings and disposition under 
     this chapter for an alleged act of juvenile delinquency, a 
     person who has not attained the age of 21 years.
       ``(3) Juvenile delinquency.--The term `juvenile 
     delinquency' means the violation of a law of the United 
     States committed by a person before the eighteenth birthday 
     of that person, if the violation--
       ``(A) would have been a crime if committed by an adult; or
       ``(B) is a violation of section 922(x).
       ``(4) Prohibited physical contact.--
       ``(A) In general.--The term `prohibited physical contact' 
     means--
       ``(i) any physical contact between a juvenile and an adult 
     inmate; and
       ``(ii) proximity that provides an opportunity for physical 
     contact between a juvenile and an adult inmate.
       ``(B) Exclusion.--The term does not include supervised 
     proximity between a juvenile and an adult inmate that is 
     brief and inadvertent, or accidental, in secure areas of a 
     facility that are not dedicated to use by juvenile offenders 
     and that are nonresidential, which may include dining, 
     recreational, educational, vocational, health care, entry 
     areas, and passageways.
       ``(5) Sustained oral communication.--
       ``(A) In general.--The term `sustained oral communication' 
     means the imparting or interchange of speech by or between a 
     juvenile and an adult inmate.
       ``(B) Exception.--The term does not include--
       ``(i) communication that is accidental or incidental; or
       ``(ii) sounds or noises that cannot reasonably be 
     considered to be speech.
       ``(6) State.--The term `State' includes a State of the 
     United States, the District of Columbia, any commonwealth, 
     territory, or possession of the United States and, with 
     regard to an act of juvenile delinquency that would have been 
     a misdemeanor if committed by an adult, an Indian tribe (as 
     defined in section 4(e) of the Indian Self-Determination and 
     Education Assistance Act (25 U.S.C. 4506(e))).
       ``(7) Violent juvenile.--The term `violent juvenile' means 
     any juvenile who is alleged to have committed, has been 
     adjudicated delinquent for, or has been convicted of an 
     offense that, if committed by an adult, would be a crime of 
     violence (as defined in section 16).''.

     SEC. 104. NOTIFICATION AFTER ARREST.

       Section 5033 of title 18, United States Code, is amended--
       (1) in the first sentence, by striking ``immediately notify 
     the Attorney General and'' and inserting the following: 
     ``immediately, or as soon as practicable thereafter, notify 
     the United States Attorney of the appropriate jurisdiction 
     and shall promptly take reasonable steps to notify''; and
       (2) in the second sentence of the second undesignated 
     paragraph, by inserting before the period at the end the 
     following: ``, and the juvenile shall not be subject to 
     detention under conditions that permit prohibited physical 
     contact with adult inmates or in which the juvenile and an 
     adult inmate can engage in sustained oral communication''.

     SEC. 105. RELEASE AND DETENTION PRIOR TO DISPOSITION.

       (a) Duties of Magistrate.--Section 5034 of title 18, United 
     States Code, is amended--
       (1) by striking ``The magistrate shall insure'' and 
     inserting the following:
       ``(a) In General.--
       ``(1) Representation by counsel.--The magistrate shall 
     ensure'';
       (2) by striking ``The magistrate may appoint'' and 
     inserting the following:
       ``(2) Guardian ad litem.--The magistrate may appoint'';
       (3) by striking ``If the juvenile'' and inserting the 
     following:

[[Page 11025]]

       ``(b) Release Prior to Disposition.--Except as provided in 
     subsection (c), if the juvenile''; and
       (4) by adding at the end the following:
       ``(c) Release of Certain Juveniles.--A juvenile who is to 
     be tried as an adult pursuant to section 5032 shall be 
     released pending trial only in accordance with the applicable 
     provisions of chapter 207. The release shall be conducted in 
     the same manner and shall be subject to the same terms, 
     conditions, and sanctions for violation of a release 
     condition as provided for an adult under chapter 207.
       ``(d) Penalty for an Offense Committed While on Release.--
       ``(1) In general.--A juvenile alleged to have committed, 
     while on release under this section, an offense that, if 
     committed by an adult, would be a Federal criminal offense, 
     shall be subject to prosecution under section 5032.
       ``(2) Applicability of certain penalties.--Section 3147 
     shall apply to a juvenile who is to be tried as an adult 
     pursuant to section 5032 for an offense committed while on 
     release under this section.''.
       (b) Detention Prior to Disposition.--Section 5035 of title 
     18, United States Code, is amended--
       (1) by striking ``A juvenile'' and inserting the following:
       ``(a) In General.--Except as provided in subsection (b), a 
     juvenile'';
       (2) in subsection (a), as redesignated--
       (A) in the third sentence, by striking ``regular contact'' 
     and inserting ``prohibited physical contact or sustained oral 
     communication''; and
       (B) after the fourth sentence, by inserting the following: 
     ``To the extent practicable, violent juveniles shall be kept 
     separate from nonviolent juveniles.''; and
       (3) by adding at the end the following:
       ``(b) Detention of Certain Juveniles.--
       ``(1) In general.--A juvenile who is to be tried as an 
     adult pursuant to section 5032 shall be subject to detention 
     in accordance with chapter 207 in the same manner, to the 
     same extent, and subject to the same terms and conditions as 
     an adult would be subject to under that chapter.
       ``(2) Exception.--A juvenile shall not be detained or 
     confined in any institution in which the juvenile has 
     prohibited physical contact or sustained oral communication 
     with adult inmates. To the extent practicable, violent 
     juveniles shall be kept separate from nonviolent 
     juveniles.''.

     SEC. 106. SPEEDY TRIAL.

       Section 5036 of title 18, United States Code, is amended--
       (1) by inserting ``who is to be proceeded against as a 
     juvenile pursuant to section 5032 and'' after ``If an alleged 
     delinquent'';
       (2) by striking ``thirty'' and inserting ``70''; and
       (3) by striking ``the court,'' and all that follows through 
     the end of the section and inserting the following: ``the 
     court. The periods of exclusion under section 3161(h) shall 
     apply to this section. In determining whether an information 
     should be dismissed with or without prejudice, the court 
     shall consider the seriousness of the alleged act of juvenile 
     delinquency, the facts and circumstances of the case that led 
     to the dismissal, and the impact of a reprosecution on the 
     administration of justice.''.

     SEC. 107. DISPOSITIONAL HEARINGS.

       Section 5037 of title 18, United States Code, is amended--
       (1) by striking subsection (a) and inserting the following:
       ``(a) In General.--
       ``(1) Dispositional hearing.--
       ``(A) In general.--In a proceeding under section 
     5032(a)(1)(D), if the court finds a juvenile to be a juvenile 
     delinquent, the court shall hold a hearing concerning the 
     appropriate disposition of the juvenile not later than 40 
     court days after the finding of juvenile delinquency, unless 
     the court has ordered further study pursuant to subsection 
     (e).
       ``(B) Predisposition report.--A predisposition report shall 
     be prepared by the probation officer, who shall promptly 
     provide a copy to the juvenile, the juvenile's counsel, and 
     the attorney for the Government. Victim impact information 
     shall be included in the predisposition report, and victims 
     or, in appropriate cases, their official representatives, 
     shall be provided the opportunity to make a statement to the 
     court in person or to present any information in relation to 
     the disposition.
       ``(2) Actions of court after hearing.--After a 
     dispositional hearing under paragraph (1), after considering 
     any pertinent policy statements promulgated by the United 
     States Sentencing Commission pursuant to section 994 of title 
     28, and in conformance with any guidelines promulgated by the 
     United States Sentencing Commission pursuant to section 
     994(z)(1)(B) of title 28, the court shall--
       ``(A) place the juvenile on probation or commit the 
     juvenile to official detention (including the possibility of 
     a term of supervised release), and impose any fine that would 
     be authorized if the juvenile had been tried and convicted as 
     an adult; and
       ``(B) enter an order of restitution pursuant to section 
     3663.'';
       (2) in subsection (b)--
       (A) in the matter preceding paragraph (1), by inserting 
     ``or supervised release'' after ``probation'';
       (B) by striking ``extend--'' and all that follows through 
     ``The provisions'' and inserting the following: ``extend, in 
     the case of a juvenile, beyond the maximum term of probation 
     that would be authorized by section 3561, or beyond the 
     maximum term of supervised release authorized by section 
     3583, if the juvenile had been tried and convicted as an 
     adult. The provisions dealing with supervised release set 
     forth in section 3583 and the provisions''; and
       (C) in the last sentence, by inserting ``or supervised 
     release'' after ``on probation''; and
       (3) in subsection (c), by striking ``may not extend--'' and 
     all that follows through ``Section 3624'' and inserting the 
     following: ``may not extend beyond the earlier of the 26th 
     birthday of the juvenile or the termination date of the 
     maximum term of imprisonment, exclusive of any term of 
     supervised release, that would be authorized if the juvenile 
     had been tried and convicted as an adult. No juvenile 
     sentenced to a term of imprisonment shall be released from 
     custody simply because the juvenile attains the age of 18 
     years. Section 3624''.

     SEC. 108. USE OF JUVENILE RECORDS.

       Section 5038 of title 18, United States Code, is amended to 
     read as follows:

     ``Sec. 5038. Use of juvenile records

       ``(a) In General.--Throughout a juvenile delinquency 
     proceeding under section 5032 or 5037, the records of such 
     proceeding shall be safeguarded from disclosure to 
     unauthorized persons, and shall only be released to the 
     extent necessary for purposes of--
       ``(1) compliance with section 5032(h);
       ``(2) docketing and processing by the court;
       ``(3) responding to an inquiry received from another court 
     of law;
       ``(4) responding to an inquiry from an agency preparing a 
     presentence report for another court;
       ``(5) responding to an inquiry from a law enforcement 
     agency, if the request for information is related to the 
     investigation of a crime or a position within that agency or 
     analysis requested by the Attorney General;
       ``(6) responding to a written inquiry from the director of 
     a treatment agency or the director of a facility to which the 
     juvenile has been committed by the court;
       ``(7) responding to an inquiry from an agency considering 
     the person for a position immediately and directly affecting 
     national security;
       ``(8) responding to an inquiry from any victim of such 
     juvenile delinquency or, if the victim is deceased, from a 
     member of the immediate family of the victim, related to the 
     final disposition of such juvenile by the court in accordance 
     with section 5032 or 5037, as applicable; and
       ``(9) communicating with a victim of such juvenile 
     delinquency or, in appropriate cases, with the official 
     representative of a victim, in order to--
       ``(A) apprise the victim or representative of the status or 
     disposition of the proceeding;
       ``(B) effectuate any other provision of law; or
       ``(C) assist in the allocution at disposition of the victim 
     or the representative of the victim.
       ``(b) Records of Adjudication.--
       ``(1) Transmission to fbi.--Upon an adjudication of 
     delinquency under section 5032 or 5037, the court shall 
     transmit to the Director of the Federal Bureau of 
     Investigation a record of such adjudication.
       ``(2) Maintaining records.--The Director of the Federal 
     Bureau of Investigation shall maintain, in the central 
     repository of the Federal Bureau of Investigation, in 
     accordance with the established practices and policies 
     relating to adult criminal history records of the Federal 
     Bureau of Investigation--
       ``(A) a fingerprint supported record of the Federal 
     adjudication of delinquency of any juvenile who commits an 
     act that, if committed by an adult, would constitute the 
     offense of murder, armed robbery, rape (except statutory 
     rape), or a felony offense involving sexual molestation of a 
     child, or a conspiracy or attempt to commit any such offense, 
     that is equivalent to, and maintained and disseminated in the 
     same manner and for the same purposes, as are adult criminal 
     history records for the same offenses; and
       ``(B) a fingerprint supported record of the Federal 
     adjudication of delinquency of any juvenile who commits an 
     act that, if committed by an adult, would be any felony 
     offense (other than an offense described in subparagraph (A)) 
     that is equivalent to, and maintained and disseminated in the 
     same manner, as are adult criminal history records for the 
     same offenses--
       ``(i) for use by and within the criminal justice system for 
     the detection, apprehension, detention, pretrial release, 
     post-trial release, prosecution, adjudication, sentencing, 
     disposition, correctional supervision, or rehabilitation of 
     an accused person, criminal offender, or juvenile delinquent; 
     and
       ``(ii) for purposes of responding to an inquiry from an 
     agency considering the subject of the record for a position 
     or clearance immediately and directly affecting national 
     security.

[[Page 11026]]

       ``(3) Availability of records to schools in certain 
     circumstances.--Notwithstanding paragraph (2), the Director 
     of the Federal Bureau of Investigation shall make an 
     adjudication record of a juvenile maintained pursuant to 
     subparagraph (A) or (B) of that paragraph, or conviction 
     record described in subsection (d), available to an official 
     of an elementary, secondary, or post-secondary school, in 
     appropriate circumstances (as defined by and under rules 
     issued by the Attorney General), if--
       ``(A) the subject of the record is a student enrolled at 
     the school, or a juvenile who seeks, intends, or is 
     instructed to enroll at that school;
       ``(B) the school official is subject to the same standards 
     and penalties under applicable Federal and State law relating 
     to the handling and disclosure of information contained in 
     juvenile adjudication records as are employees of law 
     enforcement and juvenile justice agencies in the State; and
       ``(C) information contained in the record is not used for 
     the sole purpose of denying admission.
       ``(c) Notification of Rights.--A district court of the 
     United States that exercises jurisdiction over a juvenile 
     shall notify the juvenile, and a parent or guardian of the 
     juvenile, in writing, and in clear and nontechnical language, 
     of the rights of the juvenile relating to the adjudication 
     record of the juvenile. Any juvenile may petition the court 
     after a period of 5 years to have a record relating to such 
     juvenile and described in this section (except a record 
     relating to an offense described in subsection (b)(2)(A)) 
     removed from the Federal Bureau of Investigation database if 
     that juvenile can establish by clear and convincing evidence 
     that the juvenile is no longer a danger to the community.
       ``(d) Records of Juveniles Tried as Adults.--In any case in 
     which a juvenile is tried as an adult in Federal court, the 
     Federal criminal record of the juvenile shall be made 
     available in the same manner as is applicable to the records 
     of adult defendants.''.

     SEC. 109. IMPLEMENTATION OF A SENTENCE FOR JUVENILE 
                   OFFENDERS.

       (a) In General.--Section 5039 of title 18, United States 
     Code, is amended to read as follows:

     ``Sec. 5039. Implementation of a sentence

       ``(a) In General.--Except as otherwise provided in this 
     chapter, the sentence for a juvenile who is adjudicated 
     delinquent or found guilty of an offense under any proceeding 
     in a district court of the United States under section 5032 
     shall be carried out in the same manner as for an adult 
     defendant.
       ``(b) Sentences of Imprisonment, Probation, and Supervised 
     Release.--Subject to subsection (d), the implementation of a 
     sentence of imprisonment is governed by subchapter C of 
     chapter 229 and, if the sentence includes a term of probation 
     or supervised release, by subchapter A of chapter 229.
       ``(c) Sentences of Fines and Orders of Restitution; Special 
     Assessments.--
       ``(1) In general.--A sentence of a fine, an order of 
     restitution, or a special assessment under section 3013 shall 
     be implemented and collected in the same manner as for an 
     adult defendant.
       ``(2) Prohibition.--The parent, guardian, or custodian of a 
     juvenile sentenced to pay a fine may not be made liable for 
     such payment by any court.
       ``(d) Segregation of Juveniles; Conditions of 
     Confinement.--
       ``(1) In general.--No juvenile committed for incarceration, 
     whether pursuant to an adjudication of delinquency or 
     conviction for an offense, to the custody of the Attorney 
     General may, before the juvenile attains the age of 18 years, 
     be placed or retained in any jail or correctional institution 
     in which the juvenile has prohibited physical contact with 
     adult inmate or can engage in sustained oral communication 
     with adult inmates. To the extent practicable, violent 
     juveniles shall be kept separate from nonviolent juveniles.
       ``(2) Requirements.--Each juvenile who is committed for 
     incarceration shall be provided with--
       ``(A) adequate food, heat, light, sanitary facilities, 
     bedding, clothing, and recreation; and
       ``(B) as appropriate, counseling, education, training, and 
     medical care (including necessary psychiatric, psychological, 
     or other care or treatment).
       ``(3) Commitment to foster home or community-based 
     facility.--Except in the case of a juvenile who is found 
     guilty of a violent felony or who is adjudicated delinquent 
     for an offense that would be a violent felony if the juvenile 
     had been prosecuted as an adult, the Attorney General shall 
     commit a juvenile to a foster home or community-based 
     facility located in or near his home community if that 
     commitment is--
       ``(A) practicable;
       ``(B) in the best interest of the juvenile; and
       ``(C) consistent with the safety of the community.''.
       (b) Conforming Amendment.--The analysis for chapter 403 of 
     title 18, United States Code, is amended by striking the item 
     relating to section 5039 and inserting the following:

``5039. Implementation of a sentence.''.

     SEC. 110. MAGISTRATE JUDGE AUTHORITY REGARDING JUVENILE 
                   DEFENDANTS.

       Section 3401(g) of title 18, United States Code, is 
     amended--
       (1) in the second sentence, by inserting after ``magistrate 
     judge may, in any'' the following: ``class A misdemeanor or 
     any''; and
       (2) in the third sentence, by striking ``, except that no'' 
     and all that follows before the period at the end of the 
     subsection.

     SEC. 111. FEDERAL SENTENCING GUIDELINES.

       (a) Application of Guidelines to Certain Juvenile 
     Defendants.--Section 994(h) of title 28, United States Code, 
     is amended by inserting ``, or in which the defendant is a 
     juvenile who is tried as an adult,'' after ``old or older''.
       (b) Guidelines for Juvenile Cases.--
       (1) In general.--Section 994 of title 28, United States 
     Code, is amended by adding at the end the following:
       ``(z) Guidelines for Juvenile Cases.--
       ``(1) In general.--Not later than 1 year after the date of 
     enactment of the Violent and Repeat Juvenile Offender 
     Accountability and Rehabilitation Act of 1999, the 
     Commission, by affirmative vote of not less than 4 members of 
     the Commission, and pursuant to its rules and regulations and 
     consistent with all pertinent provisions of any Federal 
     statute, shall promulgate and distribute to all courts of the 
     United States and to the United States Probation System--
       ``(A) guidelines, as described in this section, for use by 
     a sentencing court in determining the sentence to be imposed 
     in a criminal case if the defendant committed the offense as 
     a juvenile, and is tried as an adult pursuant to section 5032 
     of title 18, United States Code; and
       ``(B) guidelines, as described in this section, for use by 
     a court in determining the sentence to be imposed on a 
     juvenile adjudicated delinquent pursuant to section 5032 of 
     title 18, United States Code, and sentenced pursuant to a 
     dispositional hearing under section 5037 of title 18, United 
     States Code.
       ``(2) Determinations.--In carrying out this subsection, the 
     Commission shall make the determinations required by 
     subsection (a)(1) and promulgate the policy statements and 
     guidelines required by paragraphs (2) and (3) of subsection 
     (a).
       ``(3) Considerations.--In addition to any other 
     considerations required by this section, the Commission, in 
     promulgating guidelines--
       ``(A) pursuant to paragraph (1)(A), shall presume the 
     appropriateness of adult sentencing provisions, but may make 
     such adjustments to sentence lengths and to provisions 
     governing downward departures from the guidelines as reflect 
     the specific interests and circumstances of juvenile 
     defendants; and
       ``(B) pursuant to paragraph (1)(B), shall ensure that the 
     guidelines--
       ``(i) reflect the broad range of sentencing options 
     available to the court under section 5037 of title 18, United 
     States Code; and
       ``(ii) effectuate a policy of an accountability-based 
     juvenile justice system that provides substantial and 
     appropriate sanctions, that are graduated to reflect the 
     severity or repeated nature of violations, for each 
     delinquent act, and reflect the specific interests and 
     circumstances of juvenile defendants.
       ``(4) Review period.--The review period specified by 
     subsection (p) applies to guidelines promulgated pursuant to 
     this subsection and any amendments to those guidelines.''.
       (2) Technical correction to assure compliance of sentencing 
     guidelines with provisions of all federal statutes.--Section 
     994(a) of title 28, United States Code, is amended by 
     striking ``consistent with all pertinent provisions of this 
     title and title 18, United States Code,'' and inserting 
     ``consistent with all pertinent provisions of any Federal 
     statute''.

     SEC. 112. STUDY AND REPORT ON INDIAN TRIBAL JURISDICTION.

       Not later than 18 months after the date of enactment of 
     this Act, the Attorney General shall conduct a study of the 
     juvenile justice systems of Indian tribes (as defined in 
     section 4(e) of the Indian Self-Determination and Education 
     Assistance Act (25 U.S.C. 450b(e))) and shall report to the 
     Chairman and Ranking Member of the Committee on the Judiciary 
     and the Committee on Indian Affairs of the Senate and the 
     Chairman and Ranking Member of the Committee on the Judiciary 
     of the House of Representatives on--
       (1) the extent to which tribal governments are equipped to 
     adjudicate felonies, misdemeanors, and acts of delinquency 
     committed by juveniles subject to tribal jurisdiction; and
       (2) the need for and benefits from expanding the 
     jurisdiction of tribal courts and the authority to impose the 
     same sentences that can be imposed by Federal or State courts 
     on such juveniles.
                        TITLE II--JUVENILE GANGS

     SEC. 201. SOLICITATION OR RECRUITMENT OF PERSONS IN CRIMINAL 
                   STREET GANG ACTIVITY.

       (a) Prohibited Acts.--Chapter 26 of title 18, United States 
     Code, is amended by adding at the end the following:

[[Page 11027]]



     ``Sec. 522. Recruitment of persons to participate in criminal 
       street gang activity

       ``(a) Prohibited Act.--It shall be unlawful for any person, 
     to use any facility in, or travel in, interstate or foreign 
     commerce, or cause another to do so, to recruit, solicit, 
     induce, command, or cause another person to be or remain as a 
     member of a criminal street gang, or conspire to do so, with 
     the intent that the person being recruited, solicited, 
     induced, commanded or caused to be or remain a member of such 
     gang participate in an offense described in section 521(c) of 
     this title.
       ``(b) Penalties.--Any person who violates subsection (a) 
     shall--
       ``(1) if the person recruited, solicited, induced, 
     commanded, or caused--
       ``(A) is a minor, be imprisoned not less than 4 years and 
     not more than 10 years, fined in accordance with this title, 
     or both; or
       ``(B) is not a minor, be imprisoned not less than 1 year 
     and not more than 10 years, fined in accordance with this 
     title, or both; and
       ``(2) be liable for any costs incurred by the Federal 
     Government or by any State or local government for housing, 
     maintaining, and treating the minor until the minor attains 
     the age of 18 years.
       ``(c) Definitions.--In this section:
       ``(1) Criminal street gang.--The term `criminal street 
     gang' has the meaning given the term in section 521.
       ``(2) Minor.--The term `minor' means a person who is 
     younger than 18 years of age.''.
       (b) Conforming Amendment.--The analysis for chapter 26 of 
     title 18, United States Code, is amended by adding at the end 
     the following:

``522. Recruitment of persons to participate in criminal street gang 
              activity.''.

     SEC. 202. INCREASED PENALTIES FOR USING MINORS TO DISTRIBUTE 
                   DRUGS.

       Section 420 of the Controlled Substances Act (21 U.S.C. 
     861) is amended--
       (1) in subsection (b), by striking ``one year'' and 
     inserting ``3 years''; and
       (2) in subsection (c), by striking ``one year'' and 
     inserting ``5 years''.

     SEC. 203. PENALTIES FOR USE OF MINORS IN CRIMES OF VIOLENCE.

       (a) In General.--Chapter 1 of title 18, United States Code, 
     is amended by adding at the end the following:

     ``Sec. 25. Use of minors in crimes of violence

       ``(a) Penalties.--Except as otherwise provided by law, 
     whoever, being not less than 18 years of age, knowingly and 
     intentionally uses a minor to commit a Federal offense that 
     is a crime of violence, or to assist in avoiding detection or 
     apprehension for such an offense, shall--
       ``(1) be subject to 2 times the maximum imprisonment and 2 
     times the maximum fine that would otherwise be imposed for 
     the offense; and
       ``(2) for second or subsequent convictions under this 
     subsection, be subject to 3 times the maximum imprisonment 
     and 3 times the maximum fine that would otherwise be imposed 
     for the offense.
       ``(b) Definitions.--In this section:
       ``(1) Crime of violence.--The term `crime of violence' has 
     the meaning given the term in section 16 of this title.
       ``(2) Minor.--The term `minor' means a person who is less 
     than 18 years of age.
       ``(3) Uses.--The term `uses' means employs, hires, 
     persuades, induces, entices, or coerces.''.
       (b) Conforming Amendment.--The analysis for chapter 1 of 
     title 18, United States Code, is amended by adding at the end 
     the following:

``25. Use of minors in crimes of violence.''.

     SEC. 204. CRIMINAL STREET GANGS.

       (a) In General.--Section 521 of title 18, United States 
     Code, is amended--
       (1) in subsection (a), in the second undesignated 
     paragraph--
       (A) by striking ``5'' and inserting ``3'';
       (B) by inserting ``, whether formal or informal'' after 
     ``or more persons''; and
       (C) in subparagraph (A), by inserting ``or activities'' 
     after ``purposes'';
       (2) in subsection (b), by inserting after ``10 years'' the 
     following: ``and such person shall be subject to the 
     forfeiture prescribed in section 412 of the Controlled 
     Substances Act (21 U.S.C. 853)'';
       (3) in subsection (c)--
       (A) in paragraph (2), by striking ``and'' at the end;
       (B) in paragraph (3), by striking the period at the end and 
     inserting a semicolon;
       (C) by adding at the end the following:
       ``(3) that is a violation of section 522 (relating to the 
     recruitment of persons to participate in criminal gang 
     activity);
       ``(4) that is a violation of section 844, 875, or 876 
     (relating to extortion and threats), section 1084 (relating 
     to gambling), section 1955 (relating to gambling), or chapter 
     73 (relating to obstruction of justice);
       ``(5) that is a violation of section 1956 (relating to 
     money laundering), to the extent that the violation of such 
     section is related to a Federal or State offense involving a 
     controlled substance (as that term is defined in section 102 
     of the Controlled Substances Act (21 U.S.C. 802)); or
       ``(6) that is a violation of section 274(a)(1)(A), 277, or 
     278 of the Immigration and Nationality Act (8 U.S.C. 
     1324(a)(1)(A), 1327, or 1328) (relating to alien smuggling); 
     and
       ``(7) a conspiracy, attempt, or solicitation to commit an 
     offense described in paragraphs (1) through (6).''.
       (b) Technical and Conforming Amendment.--Section 3663(c)(4) 
     of title 18, United States Code, is amended by striking 
     ``chapter 46'' and inserting ``section 521, chapter 46,''.

     SEC. 205. HIGH INTENSITY INTERSTATE GANG ACTIVITY AREAS.

       (a) Definitions.--In this section:
       (1) Governor.--The term ``Governor'' means a Governor of a 
     State or the Mayor of the District of Columbia.
       (2) High intensity interstate gang activity area.--The term 
     ``high intensity interstate gang activity area'' means an 
     area within a State that is designated as a high intensity 
     interstate gang activity area under subsection (b)(1).
       (3) State.--The term ``State'' means a State of the United 
     States or the District of Columbia.
       (b) High Intensity Interstate Gang Activity Areas.--
       (1) Designation.--The Attorney General, upon consultation 
     with the Secretary of the Treasury and the Governors of 
     appropriate States, may designate as a high intensity 
     interstate gang activity area a specified area that is 
     located--
       (A) within a State; or
       (B) in more than 1 State.
       (2) Assistance.--In order to provide Federal assistance to 
     a high intensity interstate gang activity area, the Attorney 
     General may--
       (A) facilitate the establishment of a regional task force, 
     consisting of Federal, State, and local law enforcement 
     authorities, for the coordinated investigation, disruption, 
     apprehension, and prosecution of criminal activities of gangs 
     and gang members in the high intensity interstate gang 
     activity area; and
       (B) direct the detailing from any Federal department or 
     agency (subject to the approval of the head of that 
     department or agency, in the case of a department or agency 
     other than the Department of Justice) of personnel to the 
     high intensity interstate gang activity area.
       (3) Criteria for designation.--In considering an area 
     (within a State or within more than 1 State) for designation 
     as a high intensity interstate gang activity area under this 
     section, the Attorney General shall consider--
       (A) the extent to which gangs from the area are involved in 
     interstate or international criminal activity;
       (B) the extent to which the area is affected by the 
     criminal activity of gang members who--
       (i) are located in, or have relocated from, other States; 
     or
       (ii) are located in, or have immigrated (legally or 
     illegally) from, foreign countries;
       (C) the extent to which the area is affected by the 
     criminal activity of gangs that originated in other States or 
     foreign countries;
       (D) the extent to which State and local law enforcement 
     agencies have committed resources to respond to the problem 
     of criminal gang activity in the area, as an indication of 
     their determination to respond aggressively to the problem;
       (E) the extent to which a significant increase in the 
     allocation of Federal resources would enhance local response 
     to gang-related criminal activities in the area; and
       (F) any other criteria that the Attorney General considers 
     to be appropriate.
       (c) Authorization of Appropriations.--
       (1) In general.--There is authorized to be appropriated to 
     carry out this section $100,000,000 for each of fiscal years 
     1999 through 2004, to be used in accordance with paragraph 
     (2).
       (2) Use of funds.--Of amounts made available under 
     paragraph (1) in each fiscal year--
       (A) 60 percent shall be used to carry out subsection 
     (b)(2); and
       (B) 40 percent shall be used to make grants for community-
     based programs to provide crime prevention and intervention 
     services that are designed for gang members and at-risk youth 
     in areas designated pursuant to this section as high 
     intensity interstate gang activity areas.
       (3) Requirement.--
       (A) In general.--The Attorney General shall ensure that not 
     less than 10 percent of amounts made available under 
     paragraph (1) in each fiscal year are used to assist rural 
     States affected as described in subparagraphs (B) and (C) of 
     subsection (b)(3).
       (B) Definition of rural state.--In this paragraph, the term 
     ``rural State'' has the meaning given the term in section 
     1501(b) of title I of the Omnibus Crime Control and Safe 
     Streets Act of 1968 (42 U.S.C. 3796bb(b)).

     SEC. 206. INCREASING THE PENALTY FOR USING PHYSICAL FORCE TO 
                   TAMPER WITH WITNESSES, VICTIMS, OR INFORMANTS.

       Section 1512 of title 18, United States Code, is amended--
       (1) in subsection (a)--
       (A) in paragraph (1), by striking ``as provided in 
     paragraph (2)'' and inserting ``as provided in paragraph 
     (3)'';
       (B) by redesignating paragraph (2) as paragraph (3);

[[Page 11028]]

       (C) by inserting after paragraph (1) the following:
       ``(2) Use of physical force to tamper with witnesses, 
     victims, or informants.--Whoever uses physical force or the 
     threat of physical force against any person, or attempts to 
     do so, with intent to--
       ``(A) influence, delay, or prevent the testimony of any 
     person in an official proceeding;
       ``(B) cause or induce any person to--
       ``(i) withhold testimony, or withhold a record, document, 
     or other object, from an official proceeding;
       ``(ii) alter, destroy, mutilate, or conceal an object with 
     intent to impair the object's integrity or availability for 
     use in an official proceeding;
       ``(iii) evade legal process summoning that person to appear 
     as a witness, or to produce a record, document, or other 
     object, in an official proceeding; or
       ``(iv) be absent from an official proceeding to which such 
     person has been summoned by legal process; or
       ``(C) hinder, delay, or prevent the communication to a law 
     enforcement officer or judge of the United States of 
     information relating to the commission or possible commission 
     of a Federal offense or a violation of conditions of 
     probation, parole, or release pending judicial proceedings;

     shall be punished as provided in paragraph (3).''; and
       (D) in paragraph (3), as redesignated, by striking 
     subparagraph (B) and inserting the following:
       ``(B) in the case of--
       ``(i) an attempt to murder; or
       ``(ii) the use of physical force against any person;
       imprisonment for not more than 20 years.'';
       (2) in subsection (b), by striking ``or physical force''; 
     and
       (3) by adding at the end the following:
       ``(j) Conspiracy.--Whoever conspires to commit any offense 
     under this section or section 1513 shall be subject to the 
     same penalties as those prescribed for the offense the 
     commission of which was the object of the conspiracy.''.

     SEC. 207. AUTHORITY TO MAKE GRANTS TO PROSECUTORS' OFFICES TO 
                   COMBAT GANG CRIME AND YOUTH VIOLENCE.

       (a) In General.--Section 31702 of subtitle Q of title III 
     of the Violent Crime Control and Law Enforcement Act of 1994 
     (42 U.S.C. 13862) is amended--
       (1) in paragraph (2), by striking ``and'' at the end;
       (2) in paragraph (4), by striking the period at the end and 
     inserting a semicolon; and
       (3) by adding at the end the following:
       ``(5) to allow the hiring of additional prosecutors, so 
     that more cases can be prosecuted and backlogs reduced;
       ``(6) to provide funding to enable prosecutors to address 
     drug, gang, and youth violence problems more effectively;
       ``(7) to provide funding to assist prosecutors with funding 
     for technology, equipment, and training to assist prosecutors 
     in reducing the incidence of, and increase the successful 
     identification and speed of prosecution of young violent 
     offenders; and
       ``(8) to provide funding to assist prosecutors in their 
     efforts to engage in community prosecution, problem solving, 
     and conflict resolution techniques through collaborative 
     efforts with police, school officials, probation officers, 
     social service agencies, and community organizations.''.
       (b) Authorization of Appropriations.--Section 31707 of 
     subtitle Q of title III of the Violent Crime Control and Law 
     Enforcement Act of 1994 (42 U.S.C. 13867) is amended to read 
     as follows:

     ``SEC. 31707. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out this 
     subtitle, $50,000,000 for 2000 through 2004.''.

     SEC. 208. INCREASE IN OFFENSE LEVEL FOR PARTICIPATION IN 
                   CRIME AS A GANG MEMBER.

       (a) Definition of Criminal Street Gang.--In this section, 
     the term ``criminal street gang'' has the meaning given that 
     term in section 521(a) of title 18, United States Code, as 
     amended by section 204 of this Act.
       (b) Amendment of Sentencing Guidelines.--
       (1) In general.--Pursuant to its authority under section 
     994(p) of title 28, United States Code, the United States 
     Sentencing Commission shall amend the Federal Sentencing 
     Guidelines to provide an appropriate enhancement for any 
     Federal offense described in section 521(c) of title 18, 
     United States Code as amended by section 204 of this Act, if 
     the offense was both committed in connection with, or in 
     furtherance of, the activities of a criminal street gang and 
     the defendant was a member of the criminal street gang at the 
     time of the offense.
       (2) Factors to be considered.--In determining an 
     appropriate enhancement under this section, the United States 
     Sentencing Commission shall give great weight to the 
     seriousness of the offense, the offender's relative position 
     in the criminal gang, and the risk of death or serious bodily 
     injury to any person posed by the offense.
       (c) Construction With Other Guidelines.--The amendment made 
     by subsection (b) shall provide that the increase in the 
     offense level shall be in addition to any other adjustment 
     under chapter 3 of the Federal Sentencing Guidelines.

     SEC. 209. INTERSTATE AND FOREIGN TRAVEL OR TRANSPORTATION IN 
                   AID OF CRIMINAL GANGS.

       (a) Travel Act Amendment.--Section 1952 of title 18, United 
     States Code, is amended to read as follows:

     ``Sec. 1952. Interstate and foreign travel or transportation 
       in aid of racketeering enterprises

       ``(a) Prohibited Conduct and Penalties.--
       ``(1) In general.--Whoever--
       ``(A) travels in interstate or foreign commerce or uses the 
     mail or any facility in interstate or foreign commerce, with 
     intent to--
       ``(i) distribute the proceeds of any unlawful activity; or
       ``(ii) otherwise promote, manage, establish, carry on, or 
     facilitate the promotion, management, establishment, or 
     carrying on, of any unlawful activity; and
       ``(B) after travel or use of the mail or any facility in 
     interstate or foreign commerce described in subparagraph (A), 
     performs, attempts to perform, or conspires to perform an act 
     described in clause (i) or (ii) of subparagraph (A);
     shall be fined under this title, imprisoned not more than 10 
     years, or both.
       ``(2) Crimes of violence.--Whoever--
       ``(A) travels in interstate or foreign commerce or uses the 
     mail or any facility in interstate or foreign commerce, with 
     intent to commit any crime of violence to further any 
     unlawful activity; and
       ``(B) after travel or use of the mail or any facility in 
     interstate or foreign commerce described in subparagraph (A), 
     commits, attempts to commit, or conspires to commit any crime 
     of violence to further any unlawful activity;

     shall be fined under this title, imprisoned for not more than 
     20 years, or both, and if death results shall be sentenced to 
     death or be imprisoned for any term of years or for life.
       ``(b) Definitions.--In this section:
       ``(1) Controlled substance.--The term `controlled 
     substance' has the meaning given that term in section 102(6) 
     of the Controlled Substances Act (21 U.S.C. 802(6)).
       ``(2) State.--The term `State' includes a State of the 
     United States, the District of Columbia, and any 
     commonwealth, territory, or possession of the United States.
       ``(3) Unlawful activity.--The term `unlawful activity' 
     means--
       ``(A) any business enterprise involving gambling, liquor on 
     which the Federal excise tax has not been paid, narcotics or 
     controlled substances, or prostitution offenses in violation 
     of the laws of the State in which the offense is committed or 
     of the United States;
       ``(B) extortion, bribery, arson, burglary if the offense 
     involves property valued at not less than $10,000, assault 
     with a deadly weapon, assault resulting in bodily injury, 
     shooting at an occupied dwelling or motor vehicle, or 
     retaliation against or intimidation of witnesses, victims, 
     jurors, or informants, in violation of the laws of the State 
     in which the offense is committed or of the United States;
       ``(C) the use of bribery, force, intimidation, or threat, 
     directed against any person, to delay or influence the 
     testimony of or prevent from testifying a witness in a State 
     criminal proceeding or by any such means to cause any person 
     to destroy, alter, or conceal a record, document, or other 
     object, with intent to impair the object's integrity or 
     availability for use in such a proceeding; or
       ``(D) any act that is indictable under section 1956 or 1957 
     of this title or under subchapter II of chapter 53 of title 
     31.''.
       (b) Amendment of Sentencing Guidelines.--
       (1) In general.--Pursuant to its authority under section 
     994(p) of title 28, United States Code, the United States 
     Sentencing Commission shall amend chapter 2 of the Federal 
     Sentencing Guidelines to provide an appropriate increase in 
     the offense levels for traveling in interstate or foreign 
     commerce in aid of unlawful activity.
       (2) Unlawful activity defined.--In this subsection, the 
     term ``unlawful activity'' has the meaning given that term in 
     section 1952(b) of title 18, United States Code, as amended 
     by this section.
       (3) Sentencing enhancement for recruitment across state 
     lines.--Pursuant to its authority under section 994(p) of 
     title 28, United States Code, the United States Sentencing 
     Commission shall amend the Federal Sentencing Guidelines to 
     provide an appropriate enhancement for a person who, in 
     violating section 522 of title 18, United States Code (as 
     added by section 201 of this Act), recruits, solicits, 
     induces, commands, or causes another person residing in 
     another State to be or to remain a member of a criminal 
     street gang, or crosses a State line with the intent to 
     recruit, solicit, induce, command, or cause another person to 
     be or to remain a member of a criminal street gang.

     SEC. 210. PROHIBITIONS RELATING TO FIREARMS.

       (a) Serious Juvenile Drug Offenses as Armed Career Criminal 
     Predicates.--Section 924(e)(2)(A) of title 18, United States 
     Code, is amended--
       (1) in clause (i), by striking ``or'' at the end;

[[Page 11029]]

       (2) in clause (ii), by adding ``or'' at the end; and
       (3) by adding at the end the following:
       ``(iii) any act of juvenile delinquency that, if committed 
     by an adult, would be an offense described in clause (i) or 
     (ii);''.
       (b) Transfer of Firearms to Minors for Use in Crime.--
     Section 924(h) of title 18, United States Code, is amended by 
     inserting ``and if the transferee is a person who is under 18 
     years of age, imprisoned not less than 3 years,'' after ``10 
     years,''.

     SEC. 211. CLONE PAGERS.

       (a) In General.--Section 2511(2)(h) of title 18, United 
     States Code, is amended by striking clause (i) and inserting 
     the following:
       ``(i) to use a pen register, trap and trace device, or 
     clone pager, as those terms are defined in chapter 206 of 
     this title (relating to pen registers, trap and trace 
     devices, and clone pagers); or'';
       (b) Exception.--Section 3121 of title 18, United States 
     Code, is amended--
       (1) by striking subsection (a) and inserting the following:
       ``(a) In General.--Except as provided in this section, no 
     person may install or use a pen register, trap and trace 
     device, or clone pager without first obtaining a court order 
     under section 3123 or 3129 of this title, or under the 
     Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 
     et seq.).'';
       (2) in subsection (b), by striking ``a pen register or a 
     trap and trace device'' and inserting ``a pen register, trap 
     and trace device, or clone pager''; and
       (3) by striking the section heading and inserting the 
     following:

     ``Sec. 3121. General prohibition on pen register, trap and 
       trace device, and clone pager use; exception''.

       (c) Assistance.--Section 3124 of title 18, United States 
     Code, is amended--
       (1) by redesignating subsections (c) through (f) as 
     subsections (d) through (g), respectively;
       (2) by inserting after subsection (b) the following:
       ``(c) Clone Pager.--Upon the request of an attorney for the 
     Government or an officer of a law enforcement agency 
     authorized to use a clone pager under this chapter, a 
     provider of electronic communication service shall furnish to 
     such investigative or law enforcement officer all 
     information, facilities, and technical assistance necessary 
     to accomplish the use of the clone pager unobtrusively and 
     with a minimum of interference with the services that the 
     person so ordered by the court provides to the subscriber, if 
     such assistance is directed by a court order, as provided in 
     section 3129(b)(2) of this title.''; and
       (3) by striking the section heading and inserting the 
     following:

     ``Sec. 3124. Assistance in installation and use of a pen 
       register, trap and trace device, or clone pager''.

       (d) Emergency Installations.--Section 3125 of title 18, 
     United States Code, is amended--
       (1) by striking ``pen register or a trap and trace device'' 
     and ``pen register or trap and trace device'' each place they 
     appear and inserting ``pen register, trap and trace device, 
     or clone pager'';
       (2) in subsection (a), by striking ``an order approving the 
     installation or use is issued in accordance with section 3123 
     of this title'' and inserting ``an application is made for an 
     order approving the installation or use in accordance with 
     section 3122 or section 3128 of this title'';
       (3) in subsection (b), by adding at the end the following: 
     ``If such application for the use of a clone pager is denied, 
     or in any other case in which the use of the clone pager is 
     terminated without an order having been issued, an inventory 
     shall be served as provided for in section 3129(e) of this 
     title.''; and
       (4) by striking the section heading and inserting the 
     following:

     ``Sec. 3125. Emergency installation and use of pen register, 
       trap and trace device, and clone pager''.

       (e) Reports.--Section 3126 of title 18, United States Code, 
     is amended--
       (1) by striking ``pen register orders and orders for trap 
     and trace devices'' and inserting ``orders for pen registers, 
     trap and trace devices, and clone pagers''; and
       (2) by striking the section heading and inserting the 
     following:

     ``Sec. 3126. Reports concerning pen registers, trap and trace 
       devices, and clone pagers''.

       (f) Definitions.--Section 3127 of title 18, United States 
     Code, is amended--
       (1) in paragraph (2)--
       (A) in subparagraph (A), by striking ``or'' at the end; and
       (B) by striking subparagraph (B) and inserting the 
     following:
       ``(B) with respect to an application for the use of a pen 
     register or trap and trace device, a court of general 
     criminal jurisdiction of a State authorized by the law of 
     that State to enter orders authorizing the use of a pen 
     register or a trap and trace device; or
       ``(C) with respect to an application for the use of a clone 
     pager, a court of general criminal jurisdiction of a State 
     authorized by the law of that State to issue orders 
     authorizing the use of a clone pager;'';
       (2) in paragraph (5), by striking ``and'' at the end;
       (3) in paragraph (6), by striking the period at the end and 
     inserting ``; and''; and
       (4) by adding at the end the following:
       ``(7) the term `clone pager' means a numeric display device 
     that receives communications intended for another numeric 
     display paging device.''.
       (g) Applications.--Chapter 206 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 3128. Application for an order for use of a clone 
       pager

       ``(a) Application.--
       ``(1) Federal representatives.--Any attorney for the 
     Government may apply to a court of competent jurisdiction for 
     an order or an extension of an order under section 3129 of 
     this title authorizing the use of a clone pager.
       ``(2) State representatives.--A State investigative or law 
     enforcement officer may, if authorized by a State statute, 
     apply to a court of competent jurisdiction of such State for 
     an order or an extension of an order under section 3129 of 
     this title authorizing the use of a clone pager.
       ``(b) Contents of Application.--An application under 
     subsection (a) of this section shall include--
       ``(1) the identity of the attorney for the Government or 
     the State law enforcement or investigative officer making the 
     application and the identity of the law enforcement agency 
     conducting the investigation;
       ``(2) the identity, if known, of the individual or 
     individuals using the numeric display paging device to be 
     cloned;
       ``(3) a description of the numeric display paging device to 
     be cloned;
       ``(4) a description of the offense to which the information 
     likely to be obtained by the clone pager relates;
       ``(5) the identity, if known, of the person who is subject 
     of the criminal investigation; and
       ``(6) an affidavit or affidavits, sworn to before the court 
     of competent jurisdiction, establishing probable cause to 
     believe that information relevant to an ongoing criminal 
     investigation being conducted by that agency will be obtained 
     through use of the clone pager.

     ``Sec. 3129. Issuance of an order for use of a clone pager

       ``(a) In General.--Upon an application made under section 
     3128 of this title, the court shall enter an ex parte order 
     authorizing the use of a clone pager within the jurisdiction 
     of the court if the court finds that the application has 
     established probable cause to believe that information 
     relevant to an ongoing criminal investigation being conducted 
     by that agency will be obtained through use of the clone 
     pager.
       ``(b) Contents of an Order.--An order issued under this 
     section--
       ``(1) shall specify--
       ``(A) the identity, if known, of the individual or 
     individuals using the numeric display paging device to be 
     cloned;
       ``(B) the numeric display paging device to be cloned;
       ``(C) the identity, if known, of the subscriber to the 
     pager service; and
       ``(D) the offense to which the information likely to be 
     obtained by the clone pager relates; and
       ``(2) shall direct, upon the request of the applicant, the 
     furnishing of information, facilities, and technical 
     assistance necessary to use the clone pager under section 
     3124 of this title.
       ``(c) Time Period and Extensions.--
       ``(1) In general.--An order issued under this section shall 
     authorize the use of a clone pager for a period not to exceed 
     30 days. Such 30-day period shall begin on the earlier of the 
     day on which the investigative or law enforcement officer 
     first begins use of the clone pager under the order or the 
     tenth day after the order is entered.
       ``(2) Extensions.--Extensions of an order issued under this 
     section may be granted, but only upon an application for an 
     order under section 3128 of this title and upon the judicial 
     finding required by subsection (a). An extension under this 
     paragraph shall be for a period not to exceed 30 days.
       ``(3) Report.--Within a reasonable time after the 
     termination of the period of a clone pager order or any 
     extensions thereof under this subsection, the applicant shall 
     report to the issuing court the number of numeric pager 
     messages acquired through the use of the clone pager during 
     such period.
       ``(d) Nondisclosure of Existence of Clone Pager.--An order 
     authorizing the use of a clone pager shall direct that--
       ``(1) the order shall be sealed until otherwise ordered by 
     the court; and
       ``(2) the person who has been ordered by the court to 
     provide assistance to the applicant may not disclose the 
     existence of the clone pager or the existence of the 
     investigation to the listed subscriber, or to any other 
     person, until otherwise ordered by the court.
       ``(e) Notification.--
       ``(1) In general.--Within a reasonable time, not later than 
     90 days after the date of termination of the period of a 
     clone pager order or any extensions thereof, the issuing 
     judge shall cause to be served, on the individual or 
     individuals using the numeric display paging device that was 
     cloned, an inventory including notice of--
       ``(A) the fact of the entry of the order or the 
     application;

[[Page 11030]]

       ``(B) the date of the entry and the period of clone pager 
     use authorized, or the denial of the application; and
       ``(C) whether or not information was obtained through the 
     use of the clone pager.
       ``(2) Postponement.--Upon an ex-parte showing of good 
     cause, a court of competent jurisdiction may in its 
     discretion postpone the serving of the notice required by 
     this subsection.''.
       (h) Clerical Amendments.--The table of sections for chapter 
     206 of title 18, United States Code, is amended--
       (1) by striking the item relating to section 3121 and 
     inserting the following:

``3121. General prohibition on pen register, trap and trace device, and 
              clone pager use; exception.'';

       (2) by striking the items relating to sections 3124, 3125, 
     and 3126 and inserting the following:

``3124. Assistance in installation and use of a pen register, trap and 
              trace device, or clone pager.
``3125. Emergency installation and use of pen register, trap and trace 
              device, and clone pager.
``3126. Reports concerning pen registers, trap and trace devices, and 
              clone pagers.''; and

       (3) by adding at the end the following:

``3128. Application for an order for use of a clone pager.
``3129. Issuance of an order for use of a clone pager''.

       (i) Conforming Amendment.--Section 704(a) of the 
     Communications Act of 1934 (47 U.S.C. 605(a)) is amended by 
     striking ``chapter 119,'' and inserting ``chapters 119 and 
     206 of''.
  TITLE III--JUVENILE CRIME CONTROL, ACCOUNTABILITY, AND DELINQUENCY 
                               PREVENTION
 Subtitle A--Reform of the Juvenile Justice and Delinquency Prevention 
                              Act of 1974

     SEC. 301. 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 makes the following findings:
       ``(1) During the past decade, the United States has 
     experienced an alarming increase in arrests of adolescents 
     for murder, assault, and weapons offenses.
       ``(2) In 1994, juveniles accounted for 1 in 5 arrests for 
     violent crimes, including murder, robbery, aggravated 
     assault, and rape, including 514 such arrests per 100,000 
     juveniles 10 through 17 years of age.
       ``(3) Understaffed and overcrowded juvenile courts, 
     prosecutorial and public defender offices, probation 
     services, and correctional facilities no longer adequately 
     address the changing nature of juvenile crime, protect the 
     public, or correct youth offenders.
       ``(4) The juvenile justice system has proven inadequate to 
     meet the needs of society and the needs of children who may 
     be at risk of becoming delinquents are not being met.
       ``(5) Existing programs and policies have not adequately 
     responded to the particular threats that drugs, alcohol 
     abuse, violence, and gangs pose to the youth of the Nation.
       ``(6) Projected demographic increases in the number of 
     youth offenders require reexamination of current prosecution 
     and incarceration policies for serious violent youth 
     offenders and crime prevention policies.
       ``(7) State and local communities require assistance to 
     deal comprehensively with the problems of juvenile 
     delinquency.
       ``(8) Existing Federal programs have not provided the 
     States with necessary flexibility, nor have these programs 
     provided the coordination, resources, and leadership required 
     to meet the crisis of youth violence.
       ``(9) Overlapping and uncoordinated Federal programs have 
     created a multitude of Federal funding streams to States and 
     units of local government, that have become a barrier to 
     effective program coordination, responsive public safety 
     initiatives, and the provision of comprehensive services for 
     children and youth.
       ``(10) Violent crime by juveniles constitutes a growing 
     threat to the national welfare that requires an immediate and 
     comprehensive governmental response, combining flexibility 
     and coordinated evaluation.
       ``(11) The role of the Federal Government should be to 
     encourage and empower communities to develop and implement 
     policies to protect adequately the public from serious 
     juvenile crime as well as implement quality prevention 
     programs that work with at-risk juveniles, their families, 
     local public agencies, and community-based organizations.
       ``(12) A strong partnership among law enforcement, local 
     government, juvenile and family courts, schools, public 
     recreation agencies, businesses, philanthropic organizations, 
     families, and the religious community, can create a community 
     environment that supports the youth of the Nation in reaching 
     their highest potential and reduces the destructive trend of 
     juvenile crime.

     ``SEC. 102. PURPOSE AND STATEMENT OF POLICY.

       ``(a) In General.--The purposes of this Act are to--
       ``(1) empower States and communities to develop and 
     implement comprehensive programs that support families, 
     reduce risk factors, and prevent serious youth crime and 
     juvenile delinquency;
       ``(2) protect the public and to hold juveniles accountable 
     for their acts;
       ``(3) encourage and promote, consistent with the ideals of 
     federalism, the adoption by the States of policies 
     recognizing the rights of victims in the juvenile justice 
     system, and ensuring that the victims of violent crimes 
     committed by juveniles receive the same level of justice as 
     do the victims of violent crimes committed by adults;
       ``(4) provide for the thorough and ongoing evaluation of 
     all federally funded programs addressing juvenile crime and 
     delinquency;
       ``(5) provide technical assistance to public and private 
     nonprofit entities that protect public safety, administer 
     justice and corrections to delinquent youth, or provide 
     services to youth at risk of delinquency, and their families;
       ``(6) establish a centralized research effort on the 
     problems of youth crime and juvenile delinquency, including 
     the dissemination of the findings of such research and all 
     related data;
       ``(7) establish a Federal assistance program to deal with 
     the problems of runaway and homeless youth;
       ``(8) assist States and units of local government in 
     improving the administration of justice for juveniles;
       ``(9) assist the States and units of local government in 
     reducing the level of youth violence and juvenile 
     delinquency;
       ``(10) assist States and units of local government in 
     promoting public safety by supporting juvenile delinquency 
     prevention and control activities;
       ``(11) encourage and promote programs designed to keep in 
     school juvenile delinquents expelled or suspended for 
     disciplinary reasons;
       ``(12) assist States and units of local government in 
     promoting public safety by encouraging accountability for 
     acts of juvenile delinquency;
       ``(13) assist States and units of local government in 
     promoting public safety by improving the extent, accuracy, 
     availability and usefulness of juvenile court and law 
     enforcement records and the openness of the juvenile justice 
     system;
       ``(14) assist States and units of local government in 
     promoting public safety by encouraging the identification of 
     violent and hardcore juveniles;
       ``(15) assist States and units of local government in 
     promoting public safety by providing resources to States to 
     build or expand juvenile detention facilities;
       ``(16) provide for the evaluation of federally assisted 
     juvenile crime control programs, and the training necessary 
     for the establishment and operation of such programs;
       ``(17) ensure the dissemination of information regarding 
     juvenile crime control programs by providing a national 
     clearinghouse; and
       ``(18) provide technical assistance to public and private 
     nonprofit juvenile justice and delinquency prevention 
     programs.
       ``(b) Statement of Policy.--It is the policy of Congress to 
     provide resources, leadership, and coordination to--
       ``(1) combat youth violence and to prosecute and punish 
     effectively violent juvenile offenders;
       ``(2) enhance efforts to prevent juvenile crime and 
     delinquency; and
       ``(3) improve the quality of juvenile justice in the United 
     States.

     ``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) Boot camp.--The term `boot camp' means a residential 
     facility (excluding a private residence) at which there are 
     provided--
       ``(A) a highly regimented schedule of discipline, physical 
     training, work, drill, and ceremony characteristic of 
     military basic training;
       ``(B) regular, remedial, special, and vocational education;
       ``(C) counseling and treatment for substance abuse and 
     other health and mental health problems;
       ``(D) supervision by properly screened staff, who are 
     trained and experienced in working with juveniles or young 
     adults, in highly structured, disciplined surroundings, 
     characteristic of a military environment; and
       ``(E) participation in community service programs, such as 
     counseling sessions, mentoring, community service, or 
     restitution projects, and a comprehensive aftercare plan 
     developed through close coordination with Federal, State, and 
     local agencies, and in cooperation with business and private 
     organizations, as appropriate.
       ``(4) Bureau of justice assistance.--The term `Bureau of 
     Justice Assistance' means

[[Page 11031]]

     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).
       ``(5) 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).
       ``(6) 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.
       ``(7) Combination.--The term `combination' as applied to 
     States or units of local government means any grouping or 
     joining together of such States or units for the purpose of 
     preparing, developing, or implementing a juvenile crime 
     control and delinquency prevention plan.
       ``(8) Community-based.--The term `community-based' 
     facility, program, or service means a small, open group home 
     or other suitable place located near the juvenile's home or 
     family and programs of community supervision and service that 
     maintain community and consumer participation in the planning 
     operation, and evaluation of their programs which may 
     include, medical, educational, vocational, social, and 
     psychological guidance, training, special education, 
     counseling, alcoholism treatment, drug treatment, and other 
     rehabilitative services.
       ``(9) Comprehensive and coordinated system of services.--
     The term `comprehensive and coordinated system of services' 
     means a system that--
       ``(A) ensures that services and funding for the prevention 
     and treatment of juvenile delinquency are consistent with 
     policy goals of preserving families and providing appropriate 
     services in the least restrictive environment so as to 
     simultaneously protect juveniles and maintain public safety;
       ``(B) identifies, and intervenes early for the benefit of, 
     young children who are at risk of developing emotional or 
     behavioral problems because of physical or mental stress or 
     abuse, and for the benefit of their families;
       ``(C) increases interagency collaboration and family 
     involvement in the prevention and treatment of juvenile 
     delinquency; and
       ``(D) encourages private and public partnerships in the 
     delivery of services for the prevention and treatment of 
     juvenile delinquency.
       ``(10) 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).
       ``(11) 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.
       ``(12) 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.
       ``(13) 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.
       ``(14) 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.
       ``(15) 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.
       ``(16) Juvenile.--The term `juvenile' means a person who 
     has not attained the age of 18 years who is subject to 
     delinquency proceedings under applicable State law.
       ``(17) Juvenile population.--The term `juvenile population' 
     means the population of a State under 18 years of age.
       ``(18) 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) awaiting trial on a criminal charge; or
       ``(C) convicted of violating a criminal law.
       ``(19) 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) the improvement of 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 delinquent juvenile behavior.
       ``(20) 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, but not limited 
     to 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.
       ``(21) National institute of justice.--The term `National 
     Institute of Justice' means the institute established by 
     section 202(a) of title I of the Omnibus Crime Control and 
     Safe Streets Act of 1968 (42 U.S.C. 3721).
       ``(22) 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.
       ``(23) Office.--The term `Office' means the Office of 
     Juvenile Crime Control and Prevention established under 
     section 201.
       ``(24) 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).
       ``(25) 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 of 
     youth gangs, violent and unlawful acts of animal cruelty, and 
     teenage pregnancy, among youth in the community.
       ``(26) 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.
       ``(27) Prohibited physical contact.--
       ``(A) In general.--The term `prohibited physical contact' 
     means--
       ``(i) any physical contact between a juvenile and an adult 
     inmate; and
       ``(ii) proximity that provides an opportunity for physical 
     contact between a juvenile and an adult inmate.
       ``(B) Exclusion.--The term does not include supervised 
     proximity between a juvenile and an adult inmate that is 
     brief and inadvertent, or accidental, in secure areas of a 
     facility that are not dedicated to use by juvenile offenders 
     and that are nonresidential, which may include dining, 
     recreational, educational, vocational, health care, entry 
     areas, and passageways.
       ``(28) 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.
       ``(29) 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.
       ``(30) 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

[[Page 11032]]

     committed an offense or of any other individual accused of 
     having committed a criminal offense.
       ``(31) 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.
       ``(32) State.--The term `State' means any State 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.
       ``(33) 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).
       ``(34) Sustained oral communication.--
       ``(A) In general.--The term `sustained oral communication' 
     means the imparting or interchange of speech by or between an 
     adult inmate and a juvenile.
       ``(B) Exception.--The term does not include--
       ``(i) communication that is accidental or incidental; or
       ``(ii) sounds or noises that cannot reasonably be 
     considered to be speech.
       ``(35) 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.
       ``(36) Unit of local government.--The term `unit of local 
     government' means--
       ``(A) any city, county, township, town, borough, parish, 
     village, or other general purpose political subdivision of a 
     State;
       ``(B) any law enforcement district or judicial enforcement 
     district that--
       ``(i) is established under applicable State law; and
       ``(ii) has the authority to, in a manner independent of 
     other State entities, establish a budget and raise revenues;
       ``(C) an Indian tribe that performs law enforcement 
     functions, as determined by the Secretary of the Interior; or
       ``(D) for the purposes of assistance eligibility, any 
     agency of the government of the District of Columbia or the 
     Federal Government that performs law enforcement functions in 
     and for--
       ``(i) the District of Columbia; or
       ``(ii) any Trust Territory of the United States.
       ``(37) 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 
     such order; and
       ``(B) who received, before the issuance of such order, the 
     full due process rights guaranteed to such juvenile by the 
     Constitution of the United States.
       ``(38) Violent crime.--The term `violent crime' means--
       ``(A) murder or nonnegligent manslaughter, forcible rape, 
     or robbery; or
       ``(B) aggravated assault committed with the use of a 
     firearm.
       ``(39) 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. 302. 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 CONTROL AND PREVENTION

       ``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 be appointed by the Attorney 
     General. The Deputy Administrator shall 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 who 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 keeping Congress, other Federal agencies, 
     outside organizations, and State and local government 
     officials informed 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 Violent and Repeat 
     Juvenile Offender Accountability and Rehabilitation Act of 
     1999, 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 such officers and employees, 
     including attorneys, as are necessary to perform the 
     functions vested in the Administrator and to prescribe their 
     functions.
       ``(b) Officers.--The Administrator may select, appoint, and 
     employ not to exceed 4 officers and to fix their compensation 
     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. VOLUNTARY SERVICE.

       ``The Administrator may accept and employ, in carrying out 
     the provisions of this Act, voluntary and uncompensated 
     services notwithstanding the provisions of section 3679(b) of 
     the Revised Statutes (31 U.S.C. 665(b)).

     ``SEC. 204. 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 such 
     plan, 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;

[[Page 11033]]

       ``(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. Such summary and 
     analysis shall separately address with respect to each 
     category of juveniles specified in the preceding sentence--
       ``(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 such injury.
       ``(C) Definition of serious bodily injury.--In this 
     paragraph, the term `serious bodily injury' means bodily 
     injury involving extreme physical pain or the impairment of a 
     function of a bodily member, organ, or mental faculty that 
     requires medical intervention such as surgery, 
     hospitalization, or physical rehabilitation.
       ``(3) Annual review.--The Administrator shall annually--
       ``(A) review each plan submitted under this subsection;
       ``(B) revise the plans, as the Administrator considers 
     appropriate; and
       ``(C) not later than March 1 of each year, present the 
     plans to the Committee on the Judiciary of the Senate and the 
     Committee on Education and the Workforce of the House of 
     Representatives.
       ``(b) Duties of Administrator.--In carrying out this title, 
     the Administrator shall--
       ``(1) advise the President through the Attorney General as 
     to all matters relating to federally assisted juvenile crime 
     control, prevention, and juvenile offender accountability 
     programs, and Federal policies regarding juvenile crime and 
     justice, including policies relating to juveniles prosecuted 
     or adjudicated in the Federal courts;
       ``(2) implement and coordinate Federal juvenile crime 
     control, prevention, and juvenile offender accountability 
     programs and activities among Federal departments and 
     agencies and between such programs and activities and other 
     Federal programs and activities that the Administrator 
     determines may have an important bearing on the success of 
     the entire national juvenile crime control, prevention, and 
     juvenile offender accountability effort including, in 
     consultation with the Director of the Office of Management 
     and Budget listing annually those programs to be considered 
     Federal juvenile crime control, prevention, and juvenile 
     accountability programs for the following fiscal year;
       ``(3) serve as a single point of contact for States, units 
     of local government, and private entities to apply for and 
     coordinate the use of and access to all Federal juvenile 
     crime control, prevention, and juvenile offender 
     accountability 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 frequently 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) involve consultation with appropriate authorities in 
     the States and with appropriate private entities in the 
     development, review, and revision of the plans required by 
     subsection (a) and in 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 such an organization 
     agrees to carry out activities that include--
       ``(A) conducting an annual conference of such member 
     representatives for purposes relating to the activities of 
     such State advisory groups;
       ``(B) disseminating information, data, standards, advanced 
     techniques, and programs models developed through the 
     Institute and through programs funded under section 261; 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 such organization to carry out the functions 
     specified under subparagraph (A).
       ``(A) To be eligible to receive such assistance such 
     organization shall agree to carry out activities that 
     include--
       ``(i) conducting an annual conference of such member 
     representatives for purposes relating to the activities of 
     such State advisory groups; and
       ``(ii) disseminating information, data, standards, advanced 
     techniques, and program models developed through the 
     Institute and through programs funded under section 261.
       ``(c) Information, Reports, Studies, and Surveys From Other 
     Agencies.--The Administrator through the general authority of 
     the Attorney General, may require, through appropriate 
     authority, Federal departments and agencies engaged in any 
     activity involving any Federal juvenile crime control, 
     prevention, and juvenile offender accountability program to 
     provide the Administrator with such information and reports, 
     and to conduct such studies and surveys, as the Administrator 
     determines to be necessary to carry out the purposes of this 
     title.
       ``(d) 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.
       ``(e) 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.
       ``(f) 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. Such analyses 
     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.
       ``(g) 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) in such a case, 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 agency to waive any technical grant or 
     contract requirement

[[Page 11034]]

     (as defined in those regulations) that is inconsistent with 
     the similar requirement of the administering agency or which 
     the administering agency does not impose.

     ``SEC. 205. JUVENILE DELINQUENCY PREVENTION CHALLENGE GRANT 
                   PROGRAM.

       ``(a) Authority To Make Grants.--The Administrator may make 
     grants to eligible States in accordance with this part for 
     the purpose of providing financial assistance to eligible 
     entities to carry out projects designed to prevent juvenile 
     delinquency, including--
       ``(1) educational projects or supportive services for 
     delinquent or other juveniles--
       ``(A) to encourage juveniles to remain in elementary and 
     secondary schools or in alternative learning situations in 
     educational settings;
       ``(B) to provide services to assist juveniles in making the 
     transition to the world of work and self-sufficiency;
       ``(C) to assist in identifying learning difficulties 
     (including learning disabilities);
       ``(D) to prevent unwarranted and arbitrary suspensions and 
     expulsions;
       ``(E) to encourage new approaches and techniques with 
     respect to the prevention of school violence and vandalism;
       ``(F) that assist law enforcement personnel and juvenile 
     justice personnel to more effectively recognize and provide 
     for learning-disabled and other disabled juveniles;
       ``(G) that develop locally coordinated policies and 
     programs among education, juvenile justice, public 
     recreation, and social service agencies; or
       ``(H) to provide services to juveniles with serious mental 
     and emotional disturbances (SED) who are in need of mental 
     health services;
       ``(2) projects that provide support and treatment to--
       ``(A) juveniles who are at risk of delinquency because they 
     are the victims of child abuse or neglect; and
       ``(B) juvenile offenders who are victims of child abuse or 
     neglect and to their families, in order to reduce the 
     likelihood that such juvenile offenders will commit 
     subsequent violations of law;
       ``(3) to develop, implement or operate projects for the 
     prevention or reduction of truancy through partnerships 
     between local education agencies, local law enforcement, and, 
     as appropriate, other community groups;
       ``(4) projects that support State and local programs to 
     prevent juvenile delinquency by providing for--
       ``(A) assessments by qualified mental health professionals 
     of incarcerated juveniles who are suspected of being in need 
     of mental health services;
       ``(B) the development of individualized treatment plans for 
     juveniles determined to be in need of mental health services 
     pursuant to assessments under subparagraph (A);
       ``(C) the inclusion of discharge plans for incarcerated 
     juveniles determined to be in need of mental health services; 
     and
       ``(D) requirements that all juveniles receiving 
     psychotropic medication be under the care of a licensed 
     mental health professional;
       ``(5) one-on-one mentoring projects that are designed to 
     link at-risk juveniles and juvenile offenders who did not 
     commit serious crime, particularly juveniles residing in 
     high-crime areas and juveniles experiencing educational 
     failure, with responsible adults (such as law enforcement 
     officers, adults working with local businesses, public 
     recreation staff, and adults working for community-based 
     organizations and agencies) who are properly screened and 
     trained and that--
       ``(A) the State establish criteria to assess the quality of 
     those one-on-one mentoring projects;
       ``(B) the Administrator develop an annual report on the 
     best mentoring practices in those projects; and
       ``(C) the State choose exemplary projects, designated Gold 
     Star Mentoring Projects, to receive preferential access to 
     funding;
       ``(6) community-based projects and services (including 
     literacy and social service programs) that work with juvenile 
     offenders, including those from families with limited 
     English-speaking proficiency, their parents, their siblings, 
     and other family members during and after incarceration of 
     the juvenile offenders, in order to strengthen families, to 
     allow juvenile offenders to remain in their homes, and to 
     prevent the involvement of other juvenile family members in 
     delinquent activities;
       ``(7) projects designed to provide for the treatment of 
     juveniles for dependence on or abuse of alcohol, drugs, or 
     other harmful substances, giving priority to juveniles who 
     have been arrested for an alleged act of juvenile delinquency 
     or adjudicated delinquent;
       ``(8) projects that leverage funds to provide scholarships 
     for postsecondary education and training for low-income 
     juveniles who reside in neighborhoods with high rates of 
     poverty, violence, and drug-related crimes;
       ``(9) projects (including school- or community-based 
     projects) that are designed to prevent, and reduce the rate 
     of, the participation of juveniles in gangs that commit 
     crimes (particularly violent crimes), that unlawfully use 
     firearms and other weapons, or that unlawfully traffic in 
     drugs and that involve, to the extent practicable, families 
     and other community members (including law enforcement 
     personnel and members of the business community) in the 
     activities conducted under such projects, including youth 
     violence courts targeted to juveniles aged 14 and younger;
       ``(10) comprehensive juvenile justice and delinquency 
     prevention projects that meet the needs of juveniles through 
     the collaboration of the many local service systems juveniles 
     encounter, including schools, child abuse and neglect courts, 
     courts, law enforcement agencies, child protection agencies, 
     mental health agencies, welfare services, health care 
     agencies, public recreation agencies, and private nonprofit 
     agencies offering services to juveniles;
       ``(11) to develop, implement, and support, in conjunction 
     with public and private agencies, organizations, and 
     businesses, projects for the employment of juveniles and 
     referral to job training programs (including referral to 
     Federal job training programs);
       ``(12) delinquency prevention activities that involve youth 
     clubs, sports, recreation and parks, peer counseling and 
     teaching, the arts, leadership development, community 
     service, volunteer service, before- and after-school 
     programs, violence prevention activities, mediation skills 
     training, camping, environmental education, ethnic or 
     cultural enrichment, tutoring, and academic enrichment;
       ``(13) to establish policies and systems to incorporate 
     relevant child protective services records into juvenile 
     justice records for purposes of establishing treatment plans 
     for juvenile offenders;
       ``(14) family strengthening activities, such as mutual 
     support groups for parents and their children and 
     postadoption services for families who adopt children with 
     special needs;
       ``(15) adoptive parent recruitment activities targeted at 
     recruiting permanent adoptive families for older children and 
     children with special needs in the foster care system who are 
     at risk of entering the juvenile justice system;
       ``(16) 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;
       ``(17) partnerships between State educational agencies and 
     local educational agencies for the design and implementation 
     of character education and training programs that incorporate 
     the following elements of character: Caring, citizenship, 
     fairness, respect, responsibility and trustworthiness;
       ``(18) programs for positive youth development that provide 
     youth at risk of delinquency with--
       ``(A) an ongoing relationship with a caring adult (for 
     example, mentor, tutor, coach, or shelter youth worker);
       ``(B) safe places and structured activities during 
     nonschool hours;
       ``(C) a healthy start;
       ``(D) a marketable skill through effective education; and
       ``(E) an opportunity to give back through community 
     service;
       ``(19) projects that use neighborhood courts or panels that 
     increase victim satisfaction and require juveniles to make 
     restitution, or perform community service, for the damage 
     caused by their delinquent acts;
       ``(20) programs designed and operated to provide eligible 
     offenders with an alternative to adjudication that emphasizes 
     restorative justice;
       ``(21) projects that expand the use of probation officers--
       ``(A) particularly for the purpose of permitting nonviolent 
     juvenile offenders, including status offenders, to remain at 
     home with their families as an alternative to detention; and
       ``(B) to ensure that juveniles follow the terms of their 
     probation; and
       ``(22) projects that provide for initial intake screening, 
     which may include drug testing, of each juvenile taken into 
     custody--
       ``(A) to determine the likelihood that such juvenile will 
     commit a subsequent offense; and
       ``(B) to provide appropriate interventions to prevent such 
     juvenile from committing subsequent offenses.
       ``(b) Eligibility of States.--
       ``(1) Application.--To be eligible to receive a grant under 
     subsection (a), a State shall submit to the Administrator an 
     application that contains the following:
       ``(A) An assurance that the State will use--
       ``(i) not more than 5 percent of such grant, in the 
     aggregate, for--

       ``(I) the costs incurred by the State to carry out this 
     part; and
       ``(II) to evaluate, and provide technical assistance 
     relating to, projects and activities carried out with funds 
     provided under this part; and

       ``(ii) the remainder of such grant to make grants under 
     subsection (c).
       ``(B) An assurance that, and a detailed description of how, 
     such grant will support, and not supplant State and local 
     efforts to prevent juvenile delinquency.
       ``(C) An assurance that such application was prepared after 
     consultation with and participation by--
       ``(i) community-based organizations that carry out 
     programs, projects, or activities to prevent juvenile 
     delinquency; and

[[Page 11035]]

       ``(ii) police, sheriff, prosecutors, State or local 
     probation services, juvenile courts, schools, public 
     recreation agencies, businesses, and religious affiliated 
     fraternal, nonprofit, and social service organizations 
     involved in crime prevention.
       ``(D) An assurance that each eligible entity described in 
     subsection (c)(1) that receives an initial grant under 
     subsection (c) to carry out a project or activity shall also 
     receive an assurance from the State that such entity will 
     receive from the State, for the subsequent fiscal year to 
     carry out such project or activity, a grant under such 
     section in an amount that is proportional, based on such 
     initial grant and on the amount of the grant received under 
     subsection (a) by the State for such subsequent fiscal year, 
     but that does not exceed the amount specified for such 
     subsequent fiscal year in such application as approved by the 
     State.
       ``(E) An assurance that each eligible entity described in 
     subsection (c)(1) that receives a grant to carry out a 
     project or activity under subsection (c) has agreed to 
     provide a 50 percent match of the amount of the grant, 
     including the value of in-kind contributions to fund the 
     project or activity, except that the Administrator may for 
     good cause reduce the matching requirement to 33\1/3\ percent 
     for economically disadvantaged communities.
       ``(F) An assurance that projects or activities funded by a 
     grant under subsection (a) shall be carried out through or in 
     coordination with a court with a juvenile crime or 
     delinquency docket.
       ``(G) An assurance that of the grant funds remaining after 
     administrative costs are deducted consistent with 
     subparagraph (A)--
       ``(i) not less than 80 percent shall be used for the 
     purposes designated in paragraphs (1) through (18) of 
     subsection (a); and
       ``(ii) not less than 20 percent shall be used for the 
     purposes in paragraphs (19) through (22) of subsection (a).
       ``(H) Such other information as the Administrator may 
     reasonably require by rule.
       ``(2) Approval of applications.--
       ``(A) Approval required.--Subject to subparagraph (A), the 
     Administrator shall approve an application, and amendments to 
     such application submitted in subsequent fiscal years, that 
     satisfy the requirements of paragraph (1).
       ``(B) Limitation.--The Administrator may not approve such 
     application (including amendments to such application) for a 
     fiscal year unless--
       ``(i)(I) the State submitted a plan under section 222 for 
     such fiscal year; and
       ``(II) such plan is approved by the Administrator for such 
     fiscal year; or
       ``(ii) the Administrator waives the application of clause 
     (i) to such State for such fiscal year, after finding good 
     cause for such a waiver.
       ``(c) Grants for Local Projects.--
       ``(1) Selection from among applications.--
       ``(A) In general.--Using a grant received under subsection 
     (a), a State may make grants to eligible entities whose 
     applications are received by the State in accordance with 
     paragraph (2) to carry out projects and activities described 
     in subsection (a).
       ``(B) Special consideration.--For purposes of making such 
     grants, the State shall give special consideration to 
     eligible entities that--
       ``(i) propose to carry out such projects in geographical 
     areas in which there is--

       ``(I) a disproportionately high level of serious crime 
     committed by juveniles; or
       ``(II) a recent rapid increase in the number of nonstatus 
     offenses committed by juveniles;

       ``(ii)(I) agree to carry out such projects or activities 
     that are multidisciplinary and involve 2 or more eligible 
     entities; or
       ``(II) represent communities that have a comprehensive plan 
     designed to identify at-risk juveniles and to prevent or 
     reduce the rate of juvenile delinquency, and that involve 
     other entities operated by individuals who have a 
     demonstrated history of involvement in activities designed to 
     prevent juvenile delinquency; and
       ``(iii) state the amount of resources (in cash or in kind) 
     such entities will provide to carry out such projects and 
     activities.
       ``(2) Receipt of applications.--
       ``(A) In general.--Subject to subparagraph (B), a unit of 
     local government shall submit to the State simultaneously all 
     applications that are--
       ``(i) timely received by such unit from eligible entities; 
     and
       ``(ii) determined by such unit to be consistent with a 
     current plan formulated by such unit for the purpose of 
     preventing, and reducing the rate of, juvenile delinquency in 
     the geographical area under the jurisdiction of such unit.
       ``(B) Direct submission.--If an application submitted to 
     such unit by an eligible entity satisfies the requirements 
     specified in clauses (i) and (ii) of subparagraph (A), such 
     entity may submit such application directly to the State.
       ``(d) Eligibility of Entities.--
       ``(1) Eligibility.--Subject to paragraph (2) and except as 
     provided in paragraph (3), to be eligible to receive a grant 
     under subsection (c), a community-based organization, local 
     juvenile justice system officials (including prosecutors, 
     police officers, judges, probation officers, parole officers, 
     and public defenders), local education authority (as defined 
     in section 14101 of the Elementary and Secondary Education 
     Act of 1965 and including a school within such authority), 
     local recreation agency, nonprofit private organization 
     (including a faith-based organization), unit of local 
     government, or social service provider, and/or other entity 
     with a demonstrated history of involvement in the prevention 
     of juvenile delinquency, shall submit to a unit of local 
     government an application that contains the following:
       ``(A) An assurance that such applicant will use such grant, 
     and each such grant received for the subsequent fiscal year, 
     to carry out throughout a 2-year period a project or activity 
     described in reasonable detail, and of a kind described in 1 
     or more of paragraphs (1) through (22) of subsection (a) as 
     specified in, such application.
       ``(B) A statement of the particular goals such project or 
     activity is designed to achieve, and the methods such entity 
     will use to achieve, and assess the achievement of, each of 
     such goals.
       ``(C) A statement identifying the research (if any) such 
     entity relied on in preparing such application.
       ``(2) Review and submission of applications.--Except as 
     provided in paragraph (3), an entity shall not be eligible to 
     receive a grant under subsection (c) unless--
       ``(A) such entity submits to a unit of local government an 
     application that--
       ``(i) satisfies the requirements specified in subsection 
     (a); and
       ``(ii) describes a project or activity to be carried out in 
     the geographical area under the jurisdiction of such unit; 
     and
       ``(B) such unit determines that such project or activity is 
     consistent with a current plan formulated by such unit for 
     the purpose of preventing, and reducing the rate of, juvenile 
     delinquency in the geographical area under the jurisdiction 
     of such unit.
       ``(3) Limitation.--If an entity that receives a grant under 
     subsection (c) to carry out a project or activity for a 2-
     year period, and receives technical assistance from the State 
     or the Administrator after requesting such technical 
     assistance (if any), fails to demonstrate, before the 
     expiration of such 2-year period, that such project or such 
     activity has achieved substantial success in achieving the 
     goals specified in the application submitted by such entity 
     to receive such grants, then such entity shall not be 
     eligible to receive any subsequent grant under such section 
     to continue to carry out such project or activity.
       ``(e) Reporting Requirement.--Not later than 180 days after 
     the last day of each fiscal year, the Administrator shall 
     submit to the Chairman of the Committee on Education and the 
     Workforce of the House of Representatives and the Chairman of 
     the Committee on the Judiciary of the Senate a report, which 
     shall--
       ``(1) describe activities and accomplishments of grant 
     activities funded under this section;
       ``(2) describe procedures followed to disseminate grant 
     activity products and research findings;
       ``(3) describe activities conducted to develop policy and 
     to coordinate Federal agency and interagency efforts related 
     to delinquency prevention;
       ``(4) identify successful approaches and making the 
     recommendations for future activities to be conducted under 
     this section; and
       ``(5) describe, on a State-by-State basis, the total amount 
     of matching contributions made by States and eligible 
     entities for activities funded under this section.
       ``(f) Research and Evaluation.--
       ``(1) In general.--Except as provided in paragraph (2), of 
     the amount made available to carry out this section in each 
     fiscal year, the Administrator shall use the lesser of 5 
     percent or $5,000,000 for research, statistics, and 
     evaluation activities carried out in conjunction with the 
     grant programs under this section.
       ``(2) Exception.--No amount shall be available as provided 
     in paragraph (1) for a fiscal year, if amounts are made 
     available for that fiscal year for the National Institute of 
     Justice for evaluation research of juvenile delinquency 
     programs pursuant to subsection (b)(6) or (c)(6) of section 
     313.

     ``SEC. 206. GRANTS TO YOUTH ORGANIZATIONS.

       ``(a) Grant Program.--The Administrator may make grants to 
     Indian tribes (as defined in section 4(e) of the Indian Self-
     Determination and Education Assistance Act) and national, 
     Statewide, or community-based, nonprofit organizations in 
     crime prone areas, (such as Boys and Girls Clubs, Police 
     Athletic Leagues, 4-H Clubs, YWCA, YMCA, Big Brothers and Big 
     Sisters, and Kids 'N Kops programs) for the purposes of--
       ``(1) providing constructive activities to youth during 
     after school hours, weekends, and school vacations;
       ``(2) providing supervised activities in safe environments 
     to youth in those areas, including activities through parks 
     and other recreation areas; and
       ``(3) providing anti-alcohol and other drug education to 
     prevent alcohol and other drug abuse among youth.
       ``(b) Applications.--

[[Page 11036]]

       ``(1) Eligibility.--In order to be eligible to receive a 
     grant under this section, the governing body of the Indian 
     tribe or the chief operating officer of a national, 
     Statewide, or community-based nonprofit organization shall 
     submit an application to the Administrator, in such form and 
     containing such information as the Administrator may 
     reasonably require.
       ``(2) Application requirements.--Each application submitted 
     in accordance with paragraph (1) shall include--
       ``(A) a request for a grant to be used for the purposes of 
     this section;
       ``(B) a description of the communities to be served by the 
     grant, including the nature of juvenile crime, violence, and 
     drug use in the communities;
       ``(C) written assurances that Federal funds received under 
     this section will be used to supplement and not supplant, 
     non-Federal funds that would otherwise be available for 
     activities funded under this section;
       ``(D) written assurances that all activities funded under 
     this section will be supervised by an appropriate number of 
     responsible adults;
       ``(E) a plan for assuring that program activities will take 
     place in a secure environment that is free of crime and 
     drugs; and
       ``(F) any additional statistical or financial information 
     that the Administrator may reasonably require.
       ``(c) Grant Awards.--In awarding grants under this section, 
     the Administrator shall consider--
       ``(1) the ability of the applicant to provide the intended 
     services;
       ``(2) the history and establishment of the applicant in 
     providing youth activities; and
       ``(3) the extent to which services will be provided in 
     crime prone areas, including efforts to achieve an equitable 
     geographic distribution of the grant awards.
       ``(d) Allocation.--Of the amounts made available to carry 
     out this section--
       ``(1) 20 percent shall be for grants to national or 
     Statewide nonprofit organizations; and
       ``(2) 80 percent shall be for grants to community-based, 
     nonprofit organizations.
       ``(e) Continued Availability.--Amounts made available under 
     this section shall remain available until expended.

     ``SEC. 207. GRANTS TO INDIAN TRIBES.

       ``(a) In General.--From the amount reserved under section 
     208(b) in each fiscal year, the Administrator shall make 
     grants to Indian tribes for programs pursuant to the 
     permissible purposes under section 205 and part B.
       ``(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 205(a), which plan shall--
       ``(A) provide evidence that the Indian tribe performs law 
     enforcement functions (as determined by the Secretary of the 
     Interior);
       ``(B) identify the juvenile justice and delinquency 
     problems and juvenile delinquency prevention needs to be 
     addressed by activities conducted by the Indian tribe in the 
     area under the jurisdiction of the Indian tribe with 
     assistance provided by the grant;
       ``(C) provide for fiscal control and accounting procedures 
     that--
       ``(i) are necessary to ensure the prudent use, proper 
     disbursement, and accounting of funds received under this 
     section; and
       ``(ii) are consistent with the requirements of subparagraph 
     (B); and
       ``(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 annually award grants under this 
     section on a competitive basis. The Administrator shall 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 208(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. 208. ALLOCATION OF GRANTS.

       ``(a) In General.--Subject to subsections (b), (c), and 
     (d), the amount allocated under section 291 to carry out 
     section 205 in each fiscal year shall be allocated to the 
     States as follows:
       ``(1) 0.5 percent shall be allocated to each eligible 
     State.
       ``(2) The amount remaining after the allocation under 
     subparagraph (A) shall be allocated among eligible States as 
     follows:
       ``(A) 50 percent of such amount shall be allocated 
     proportionately based on the juvenile population in the 
     eligible States.
       ``(B) 50 percent of such amount shall be allocated 
     proportionately based on the annual average number of arrests 
     for serious crimes committed in the eligible States by 
     juveniles during the then most recently completed period of 3 
     consecutive calendar years for which sufficient information 
     is available to the Administrator.
       ``(b) Reservation of Funds.--Notwithstanding any other 
     provision of law, from the amounts allocated under section 
     291 to carry out section 205 and part B in each fiscal year--
       ``(1) the Administrator shall reserve an amount equal to 
     the amount which all Indian tribes that qualify for a grant 
     under section 207 would collectively be entitled, if such 
     tribes were collectively treated as a State for purposes of 
     subsection (a); and
       ``(2) the Administrator shall reserve 5 percent to make 
     grants to States under section 209.
       ``(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.

     ``SEC. 209. CONFIDENTIAL REPORTING OF INDIVIDUALS SUSPECTED 
                   OF IMMINENT SCHOOL VIOLENCE.

       ``(a) In General.--Grants under this section shall be known 
     as `CRISIS Grants'.
       ``(b) Authority to Make Grants.--From the amounts reserved 
     by the Administrator under section 208(b)(2), the 
     Administrator shall make a grant to each State in an amount 
     determined under subsection (d), for use in accordance with 
     subsection (c).
       ``(c) Use of Grant Amounts.--Amounts made available to a 
     State under a grant under this section may be used by the 
     State--
       ``(1) to support the independent State development and 
     operation of confidential, toll-free telephone hotlines that 
     will operate 7 days per week, 24 hours per day, in order to 
     provide students, school officials, and other individuals 
     with the opportunity to report specific threats of imminent 
     school violence or to report other suspicious or criminal 
     conduct by juveniles to appropriate State and local law 
     enforcement entities for investigation;
       ``(2) to ensure proper State training of personnel who 
     answer and respond to telephone calls to hotlines described 
     in paragraph (1);
       ``(3) to assist in the acquisition of technology necessary 
     to enhance the effectiveness of hotlines described in 
     paragraph (1), including the utilization of Internet web-
     pages or resources;
       ``(4) to enhance State efforts to offer appropriate 
     counseling services to individuals who call a hotline 
     described in paragraph (1) threatening to do harm to 
     themselves or others; and

[[Page 11037]]

       ``(5) to further State efforts to publicize the services 
     offered by the hotlines described in paragraph (1) and to 
     encourage individuals to utilize those services.
       ``(d) Allocation to States.--The total amount reserved to 
     carry out this section in each fiscal year shall be allocated 
     to each State based on the proportion of the population of 
     the State that is less than 18 years of age.

       ``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 governments (and 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.--Grants may be made and 
     contracts may be entered into under paragraph (1) only to 
     public and private agencies, organizations, and individuals 
     that have experience in providing such training and technical 
     assistance. In providing such training and technical 
     assistance, 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 (b)(2)(A), for carrying out its 
     purposes applicable to a 3-year period. 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. The State shall submit annual 
     performance reports to the Administrator, each of which shall 
     describe progress in implementing programs contained in the 
     original plan, and amendments necessary to update the plan, 
     and shall describe the status of compliance with State plan 
     requirements. In accordance with regulations that the 
     Administrator shall prescribe, such plan shall--
       ``(1) designate a State agency as the sole agency for 
     supervising the preparation and administration of the 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 such 
     plan in conformity with this part;
       ``(3) provide for the active consultation with and 
     participation of units of local government, or combinations 
     thereof, 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 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 distributes 
     those 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 coming into contact 
     with the juvenile justice system are treated equitably on the 
     basis of gender, race, family income, and disability;
       ``(7)(A) provide for--
       ``(i) 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;
       ``(ii) 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
       ``(iii) a plan 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 provision for regular meetings of State 
     officials with responsibility in the area of juvenile justice 
     and delinquency prevention;
       ``(B) contain--
       ``(i) a plan for providing needed gender-specific services 
     for the prevention and treatment of juvenile delinquency;
       ``(ii) a plan for providing needed services for the 
     prevention and treatment of juvenile delinquency in rural 
     areas; and
       ``(iii) a plan for providing needed mental health services 
     to juveniles in the juvenile justice system;
       ``(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: crisis 
     intervention, shelter, and after-care; and
       ``(ii) for youth who need residential placement: 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 their 
     families, in order to reduce the likelihood that such 
     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) enhance coordination with the local schools that 
     such 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 both to deter involvement in 
     illegal activities and to promote involvement in lawful 
     activities on the

[[Page 11038]]

     part of gangs whose membership is substantially composed of 
     youth;
       ``(J) programs and projects designed to provide for the 
     treatment of youths' dependence on or abuse of alcohol or 
     other addictive or nonaddictive drugs;
       ``(K) boot camps for juvenile offenders;
       ``(L) community-based programs and services to work with 
     juveniles, their parents, and other family members during and 
     after incarceration in order to strengthen families so that 
     such juveniles may be retained in their homes;
       ``(M) other activities (such as court-appointed advocates) 
     that the State determines will hold juveniles accountable for 
     their acts and decrease juvenile involvement in delinquent 
     activities;
       ``(N) establishing policies and systems to incorporate 
     relevant child protective services records into juvenile 
     justice records for purposes of establishing treatment plans 
     for juvenile offenders;
       ``(O) 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 such juveniles and the preservation of 
     their families;
       ``(P) 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;
       ``(Q) programs designed to prevent and reduce hate crimes 
     committed by juveniles;
       ``(R) court supervised initiatives that address the illegal 
     possession of firearms by juveniles; and
       ``(S) programs for positive youth development that provide 
     delinquent youth and youth at-risk of delinquency with--
       ``(i) an ongoing relationship with a caring adult (for 
     example, 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;
       ``(11) shall provide that--
       ``(A) juveniles who are charged with or who have committed 
     an offense that would not be criminal if committed by an 
     adult, excluding--
       ``(i) juveniles who are charged with or who have committed 
     a violation of section 922(x)(2) of title 18, United States 
     Code, or of a similar State law;
       ``(ii) juveniles who are charged with or who have committed 
     a violation of a valid court order; and
       ``(iii) juveniles who are held in accordance with the 
     Interstate Compact on Juveniles as enacted by the State;
     shall not be placed in secure detention facilities or secure 
     correctional facilities; and
       ``(B) juveniles--
       ``(i) who are not charged with any offense; and
       ``(ii) who are--

       ``(I) aliens; or
       ``(II) alleged to be dependent, neglected, or abused;

     shall not be placed in secure detention facilities or secure 
     correctional facilities;
       ``(12) provide that--
       ``(A) juveniles alleged to be or found to be delinquent or 
     juveniles within the purview of paragraph (11) will not be 
     detained or confined in any institution in which they have 
     prohibited physical contact or sustained oral communication 
     with adult inmates; and
       ``(B) there is in effect in the State a policy that 
     requires individuals who work with both such juveniles and 
     such adult inmates, including in collocated facilities, have 
     been 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 are accused of nonstatus offenses, who 
     are awaiting an initial court appearance that will occur 
     within 48 hours after being taken into custody (excluding 
     Saturdays, Sundays, and legal holidays), and who are detained 
     or confined in a jail or lockup--
       ``(i) in which--

       ``(I) such juveniles do not have prohibited physical 
     contact or sustained oral communication with adult inmates; 
     and
       ``(II) there is in effect in the State a policy that 
     requires individuals who work with both such juveniles and 
     such adult inmates, including in collocated facilities, have 
     been trained and certified to work with juveniles; and

       ``(ii) that--

       ``(I) is located outside a metropolitan statistical area 
     (as defined by the Office of Management and Budget) and has 
     no existing acceptable alternative placement available;
       ``(II) is located where conditions of distance to be 
     traveled or the lack of highway, road, or transportation do 
     not allow for court appearances within 48 hours (excluding 
     Saturdays, Sundays, and legal holidays) so that a brief (not 
     to exceed an additional 48 hours) delay is excusable; or
       ``(III) is located where conditions of safety exist (such 
     as severe adverse, life-threatening weather conditions that 
     do not allow for reasonably safe travel), in which case the 
     time for an appearance may be delayed until 24 hours after 
     the time that such conditions allow for reasonable safe 
     travel;

       ``(C) juveniles who are accused of nonstatus offenses and 
     who are detained or confined in a jail or lockup that 
     satisfies the requirements of subparagraph (B)(i) if--
       ``(i) such jail or lockup--

       ``(I) is located outside a metropolitan statistical area 
     (as defined by the Office of Management and Budget); and
       ``(II) has no existing acceptable alternative placement 
     available;

       ``(ii) a parent or other legal guardian (or guardian ad 
     litem) of the juvenile involved consents to detaining or 
     confining such juvenile in accordance with this subparagraph 
     and the parent has the right to revoke such consent at any 
     time;
       ``(iii) the juvenile has counsel, and the counsel 
     representing such juvenile has an opportunity to present the 
     juvenile's position regarding the detention or confinement 
     involved to the court before the court finds that such 
     detention or confinement is in the best interest of such 
     juvenile and approves such detention or confinement; and
       ``(iv) detaining or confining such juvenile in accordance 
     with this subparagraph is--

       ``(I) approved in advance by a court with competent 
     jurisdiction;
       ``(II) required to be reviewed periodically, at intervals 
     of not more than 5 days (excluding Saturdays, Sundays, and 
     legal holidays), by such court for the duration of detention 
     or confinement, which review may be in the presence of the 
     juvenile; and
       ``(III) for a period preceding the sentencing (if any) of 
     such juvenile;

       ``(14) provide assurances that consideration will be given 
     to and that assistance will be available for approaches 
     designed to strengthen the families of delinquent and other 
     youth to prevent juvenile delinquency (which approaches 
     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 such 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 so 
     used as to supplement and increase (but not supplant) the 
     level of the State, local, and other non-Federal funds that 
     would in the absence of such 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) will, 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 State and local needs, 
     that the agency considers necessary;
       ``(19) provide assurances that the State or each 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 such convicted person, be tested for the 
     presence of any sexually transmitted disease and that the 
     results of such 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) involving a person not having attained the age 
     of 18 years;
       ``(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 such juvenile is held in custody for violating 
     such order;
       ``(B) not later than 24 hours during which such juvenile is 
     so held, an authorized representative of such agency shall 
     interview, in person, such juvenile; and
       ``(C) not later than 48 hours during which such juvenile is 
     so held--

[[Page 11039]]

       ``(i) such representative shall submit an assessment to the 
     court that issued such order, regarding the immediate needs 
     of such juvenile; and
       ``(ii) such court shall conduct a hearing to determine--

       ``(I) whether there is reasonable cause to believe that 
     such juvenile violated such order; and
       ``(II) the appropriate placement of such juvenile pending 
     disposition of the violation alleged;

       ``(21) specify a percentage, if any, of funds received by 
     the State under section 221 that the State will reserve for 
     expenditure by the State to provide incentive grants to units 
     of local government that reduce the case load of probation 
     officers within such 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 such juvenile that are on file 
     in the geographical area under the jurisdiction of such court 
     will be made known to such 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 
     or combinations thereof, to the extent such programs are 
     consistent with the State plan; and
       ``(B) through programs of local private agencies, to the 
     extent such programs are consistent with the State plan, 
     except that direct funding of any local private agency by a 
     State shall be permitted only if such agency requests such 
     funding after it has applied for and been denied funding by 
     any unit of general local government or combination thereof;
       ``(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 Act will not cause 
     the displacement (including a partial displacement, such as a 
     reduction in the hours of nonovertime work, wages, or 
     employment benefits) of any currently employed employee;
       ``(B) activities assisted under this Act will not impair an 
     existing collective bargaining relationship, contract for 
     services, or collective bargaining agreement; and
       ``(C) no such activity that would be inconsistent with the 
     terms of a collective bargaining agreement shall be 
     undertaken without the written concurrence of the labor 
     organization involved;
       ``(27) to the extent that segments of the juvenile 
     population are shown to be detained or confined in secure 
     detention facilities, secure correctional facilities, jails, 
     and lockups, to a greater extent than the proportion of these 
     groups in the general juvenile population, address prevention 
     efforts designed to reduce such disproportionate confinement, 
     without requiring the release or the failure to detain any 
     individual; and
       ``(28) demonstrate that the State has in effect a policy or 
     practice that requires State or local law enforcement 
     agencies to--
       ``(A) present before a judicial officer any juvenile who 
     unlawfully possesses a firearm in a school; and
       ``(B) detain such juvenile in an appropriate juvenile 
     facility or secure community-based placement for not less 
     than 24 hours for appropriate evaluation, upon a finding by 
     the judicial officer that the juvenile may be a danger to 
     himself or herself, to other individuals, or to the community 
     in which that juvenile resides.
       ``(b) Approval by State Agency.--
       ``(1) State agency.--The State agency designated under 
     subsection (a)(1) shall approve the State plan and any 
     modification thereof prior to submission of the plan to the 
     Administrator.
       ``(2) State advisory group.--
       ``(A) Establishment.--The State advisory group referred to 
     in subsection (a) shall be known as the `State Advisory 
     Group'. The State Advisory Group shall 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. 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, and shall include not less than 1 
     prosecutor and not less than 1 judge from a court with a 
     juvenile crime or delinquency docket. 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 the 
     State plan under this section before submission 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 (a)(1).

       ``(ii) Authority.--The State Advisory Group shall report to 
     the chief executive officer and the legislature of the State 
     on an annual basis regarding recommendations related to the 
     State's compliance under 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.
       ``(c) Compliance With Statutory Requirements.--
       ``(1) In general.--If a State fails to comply with any of 
     the applicable requirements of paragraph (11), (12), (13), 
     (27), or (28) of subsection (a) in any fiscal year beginning 
     after September 30, 2000, the amount allocated to such State 
     for the subsequent fiscal year shall be reduced by not to 
     exceed 10 percent for each such paragraph with respect to 
     which the failure occurs, unless the Administrator determines 
     that the State--
       ``(A) has achieved substantial compliance with such 
     applicable requirements with respect to which the State was 
     not in compliance; and
       ``(B) has made, through appropriate executive or 
     legislative action, an unequivocal commitment to achieving 
     full compliance with such applicable requirements within a 
     reasonable time.
       ``(2) Waiver.--The Administrator may, upon request by a 
     State showing good cause, waive the application of this 
     subsection with respect to such State.

     ``SEC. 223. ALLOCATION OF GRANTS.

       ``(a) In General.--Subject to subsections (b), (c), and 
     (d), the amount allocated under section 291 to carry out this 
     part in each fiscal year that remains after reservation under 
     section 208(b) for that fiscal year shall be allocated to the 
     States as follows:
       ``(1) 0.5 percent shall be allocated to each eligible 
     State.
       ``(2) The amount remaining after the allocation under 
     clause (i) shall be allocated proportionately based on the 
     juvenile population in the eligible States.
       ``(b) System Support Grants.--Of the amount allocated under 
     section 291 to carry out this part in each fiscal year that 
     remains after reservation under section 208(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 204, 205, and 221;
       ``(2) direct grant awards and other support to develop, 
     test, and demonstrate new approaches to improving the 
     juvenile justice system and reducing, preventing, and abating 
     delinquent behavior, juvenile crime, and youth violence;
       ``(3) for research and evaluation efforts to discover and 
     test methods and practices to improve the juvenile justice 
     system and reduce, prevent, and abate delinquent behavior, 
     juvenile crime, and youth violence; and
       ``(4) information, including information on best practices, 
     consistent with purposes authorized under sections 204, 205, 
     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--NATIONAL PROGRAMS

     ``SEC. 241. ESTABLISHMENT OF NATIONAL INSTITUTE FOR JUVENILE 
                   CRIME CONTROL AND DELINQUENCY PREVENTION.

       ``(a) In General.--There is established within the National 
     Institute of Justice a National Institute for Juvenile Crime 
     Control and Delinquency Prevention, the purpose of which 
     shall be to provide--
       ``(1) through the National Institute of Justice, for the 
     rigorous and independent evaluation of the delinquency and 
     youth violence prevention programs funded under this title; 
     and
       ``(2) funding for new research, through the National 
     Institute of Justice, on the nature, causes, and prevention 
     of juvenile violence and juvenile delinquency.
       ``(b) Administration.--The National Institute for Juvenile 
     Crime Control and Delinquency Prevention shall be under the 
     supervision and direction of the Director of the

[[Page 11040]]

     National Institute of Justice (referred to in this part as 
     the `Director'), in consultation with the Administrator.
       ``(c) Coordination.--The activities of the National 
     Institute for Juvenile Crime Control and Delinquency 
     Prevention shall be coordinated with the activities of the 
     National Institute of Justice.
       ``(d) Duties of the Institute.--
       ``(1) In general.--The Administrator shall transfer 
     appropriated amounts to the National Institute of Justice, or 
     to other Federal agencies, for the purposes of new research 
     and evaluation projects funded by the National Institute for 
     Juvenile Crime Control and Delinquency Prevention, and for 
     evaluation of discretionary programs of the Office of 
     Juvenile Crime Control and Prevention.
       ``(2) Requirements.--Each evaluation and research study 
     funded with amounts transferred under paragraph (1) shall--
       ``(A) be independent in nature;
       ``(B) be awarded competitively; and
       ``(C) employ rigorous and scientifically recognized 
     standards and methodologies, including peer review by 
     nonapplicants.
       ``(e) Powers of the Institute.--In addition to the other 
     powers, express and implied, the National Institute for 
     Juvenile Crime Control and Delinquency Prevention may--
       ``(1) request any Federal agency to supply such statistics, 
     data, program reports, and other material as the National 
     Institute for Juvenile Crime Control and Delinquency 
     Prevention deems necessary to carry out its functions;
       ``(2) arrange with and reimburse the heads of Federal 
     agencies for the use of personnel or facilities or equipment 
     of such agencies;
       ``(3) confer with and avail itself of the cooperation, 
     services, records, and facilities of State, municipal, or 
     other public or private local agencies;
       ``(4) make grants and enter into contracts with public or 
     private agencies, organizations, or individuals for the 
     partial performance of any functions of the National 
     Institute for Juvenile Crime Control and Delinquency 
     Prevention; and
       ``(5) compensate consultants and members of technical 
     advisory councils who are not in the regular full-time employ 
     of the United States, at a rate now or hereafter payable 
     under section 5376 of title 5, United States Code, and while 
     away from home, or regular place of business, they may be 
     allowed travel expenses, including per diem in lieu of 
     subsistence, as authorized by section 5703 of title 5, United 
     States Code, for persons in the Government service employed 
     intermittently.
       ``(f) Information From Federal Agencies.--A Federal agency 
     that receives a request from the National Institute for 
     Juvenile Crime Control and Delinquency Prevention under 
     subsection (e)(1) may cooperate with the National Institute 
     for Juvenile Crime Control and Delinquency Prevention and 
     shall, to the maximum extent practicable, consult with and 
     furnish information and advice to the National Institute for 
     Juvenile Crime Control and Delinquency Prevention.

     ``SEC. 242. INFORMATION FUNCTION.

       ``The Administrator, in consultation with the Director, 
     shall--
       ``(1) on a continuing basis, review reports, data, and 
     standards relating to the juvenile justice system in the 
     United States;
       ``(2) serve as an information bank by collecting 
     systematically and synthesizing the knowledge obtained from 
     studies and research by public and private agencies, 
     institutions, or individuals concerning all aspects of 
     juvenile delinquency, including the prevention and treatment 
     of juvenile delinquency; and
       ``(3) serve as a clearinghouse and information center for 
     the preparation, publication, and dissemination of all 
     information regarding juvenile delinquency, including State 
     and local juvenile delinquency prevention and treatment 
     programs (including drug and alcohol programs and gender-
     specific programs) and plans, availability of resources, 
     training and educational programs, statistics, and other 
     pertinent data and information.

     ``SEC. 242A. STATISTICAL ANALYSIS.

       ``The Administrator, under the supervision of the Assistant 
     Attorney General for the Office of Justice Programs, and in 
     consultation with the Director, may--
       ``(1) transfer funds to and enter into agreements with the 
     Bureau of Justice Statistics or, subject to the approval of 
     the Assistant Attorney General for the Office of Justice 
     Programs, to another Federal agency authorized by law to 
     undertake statistical work in juvenile justice matters, for 
     the purpose of providing for the collection, analysis, and 
     dissemination of statistical data and information relating to 
     juvenile crime, the juvenile justice system, and youth 
     violence, and for other purposes, consistent with the Violent 
     and Repeat Juvenile Offender Accountability Act of 1999; and
       ``(2) plan and identify, in consultation with the Director 
     of the Bureau of Justice Statistics, the purposes and goals 
     of each grant made or contract or other agreement entered 
     into under this title.

     ``SEC. 243. RESEARCH, DEMONSTRATION, AND EVALUATION 
                   FUNCTIONS.

       ``(a) In General.--The Administrator, acting through the 
     National Institute for Juvenile Crime Control and Delinquency 
     Prevention, as appropriate, may--
       ``(1) conduct, encourage, and coordinate research and 
     evaluation into any aspect of juvenile delinquency, 
     particularly with regard to new programs and methods that 
     show promise of making a contribution toward the prevention 
     and treatment of juvenile delinquency;
       ``(2) encourage the development of demonstration projects 
     in new, innovative techniques and methods to prevent and 
     treat juvenile delinquency;
       ``(3) establish or expand 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, boot camps and 
     similar programs, and secure community-based treatment 
     facilities linked to other support services such as health, 
     mental health, education (remedial and special), job 
     training, and recreation); and
       ``(B) assist in the provision by the Administrator of best 
     practices 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;
       ``(4) encourage the development of programs that, in 
     addition to helping youth take responsibility for their 
     behavior, through control and incarceration, if necessary, 
     provide therapeutic intervention such as providing skills;
       ``(5) encourage the development and establishment of 
     programs to enhance the States' ability to identify chronic 
     serious and violent juvenile offenders who commit crimes such 
     as rape, murder, firearms offenses, gang-related crimes, 
     violent felonies, and serious drug offenses;
       ``(6) prepare, in cooperation with education institutions, 
     with Federal, State, and local agencies, and with appropriate 
     individuals and private agencies, such studies as it 
     considers to be necessary with respect to prevention of and 
     intervention with juvenile violence and delinquency and the 
     improvement of juvenile justice systems, including--
       ``(A) evaluations of programs and interventions designed to 
     prevent youth violence and juvenile delinquency;
       ``(B) assessments and evaluations of the methodological 
     approaches to evaluating the effectiveness of interventions 
     and programs designed to prevent youth violence and juvenile 
     delinquency;
       ``(C) studies of the extent, nature, risk, and protective 
     factors, and causes of youth violence and juvenile 
     delinquency;
       ``(D) comparisons of youth adjudicated and treated by the 
     juvenile justice system compared to juveniles waived to and 
     adjudicated by the adult criminal justice system (including 
     incarcerated in adult, secure correctional facilities);
       ``(E) recommendations with respect to effective and 
     ineffective primary, secondary, and tertiary prevention 
     interventions, including for which juveniles, and under what 
     circumstances (including circumstances connected with the 
     staffing of the intervention), prevention efforts are 
     effective and ineffective; and
       ``(F) assessments of risk prediction systems of juveniles 
     used in making decisions regarding pretrial detention;
       ``(7) disseminate the results of such evaluations and 
     research and demonstration activities particularly to persons 
     actively working in the field of juvenile delinquency;
       ``(8) disseminate pertinent data and studies to 
     individuals, agencies, and organizations concerned with the 
     prevention and treatment of juvenile delinquency; and
       ``(9) routinely collect, analyze, compile, publish, and 
     disseminate uniform national statistics concerning--
       ``(A) all aspects of juveniles as victims and offenders;
       ``(B) the processing and treatment, in the juvenile justice 
     system, of juveniles who are status offenders, delinquent, 
     neglected, or abused; and
       ``(C) the processing and treatment of such juveniles who 
     are treated as adults for purposes of the criminal justice 
     system.
       ``(b) Public Disclosure.--The Administrator or the 
     Director, as appropriate, shall make available to the 
     public--
       ``(1) the results of research, demonstration, and 
     evaluation activities referred to in subsection (a)(8);
       ``(2) the data and studies referred to in subsection 
     (a)(9); and
       ``(3) regular reports regarding each State's objective 
     measurements of youth violence, such as the number, rate, and 
     trend of homicides committed by youths.

     ``SEC. 244. TECHNICAL ASSISTANCE AND TRAINING FUNCTIONS.

       ``The Administrator may--
       ``(1) provide technical assistance and training assistance 
     to Federal, State, and local

[[Page 11041]]

     governments and to courts, public and private agencies, 
     institutions, and individuals in the planning, establishment, 
     funding, operation, and evaluation of juvenile delinquency 
     programs;
       ``(2) develop, conduct, and provide for training programs 
     for the training of professional, paraprofessional, and 
     volunteer personnel, and other persons who are working with 
     or preparing to work with juveniles, juvenile offenders 
     (including juveniles who commit hate crimes), and their 
     families;
       ``(3) develop, conduct, and provide for seminars, 
     workshops, and training programs in the latest proven 
     effective techniques and methods of preventing and treating 
     juvenile delinquency for law enforcement officers, juvenile 
     judges, prosecutors, and defense attorneys, and other court 
     personnel, probation officers, correctional personnel, and 
     other Federal, State, and local government personnel who are 
     engaged in work relating to juvenile delinquency;
       ``(4) develop technical training teams to aid in the 
     development of training programs in the States and to assist 
     State and local agencies that work directly with juveniles 
     and juvenile offenders; and
       ``(5) provide technical assistance and training to assist 
     States and units of general local government.

     ``SEC. 245. ESTABLISHMENT OF TRAINING PROGRAM.

       ``(a) In General.--The Administrator shall establish a 
     training program designed to train enrollees with respect to 
     methods and techniques for the prevention and treatment of 
     juvenile delinquency, including methods and techniques 
     specifically designed to prevent and reduce the incidence of 
     hate crimes committed by juveniles. In carrying out this 
     program the Administrator may make use of available State and 
     local services, equipment, personnel, facilities, and the 
     like.
       ``(b) Qualifications for Enrollment.--Enrollees in the 
     training program established under this section shall be 
     drawn from law enforcement and correctional personnel 
     (including volunteer lay personnel), teachers and special 
     education personnel, family counselors, child welfare 
     workers, juvenile judges and judicial personnel, persons 
     associated with law-related education, public recreation 
     personnel, youth workers, and representatives of private 
     agencies and organizations with specific experience in the 
     prevention and treatment of juvenile delinquency.

     ``SEC. 246. REPORT ON STATUS OFFENDERS.

       ``Not later than September 1, 2002, the Administrator, 
     through the National Institute of Justice, shall--
       ``(1) conduct a study on the effect of incarceration on 
     status offenders compared to similarly situated individuals 
     who are not placed in secure detention in terms of the 
     continuation of their inappropriate or illegal conduct, 
     delinquency, or future criminal behavior, and evaluating the 
     safety of status offenders placed in secure detention; and
       ``(2) submit to the Chairman and Ranking Member of the 
     Committee on the Judiciary of the Senate and the Chairman and 
     Ranking Member of the Committee on Education and the 
     Workforce of the House of Representatives a report on the 
     results of the study conducted under paragraph (1).

     ``SEC. 247. CONSIDERATIONS FOR APPROVAL OF APPLICATIONS.

       ``(a) In General.--Any agency, institution, or individual 
     seeking to receive a grant, or enter into a contract, under 
     section 243, 244, or 245 shall submit an application at such 
     time, in such manner, and containing or accompanied by such 
     information as the Administrator or the Director, as 
     appropriate, may prescribe.
       ``(b) Application Contents.--In accordance with guidelines 
     established by the Administrator or the Director, as 
     appropriate, each application for assistance under section 
     243, 244, or 245 shall--
       ``(1) set forth a program for carrying out 1 or more of the 
     purposes set forth in section 243, 244, or 245, and 
     specifically identify each such purpose such program is 
     designed to carry out;
       ``(2) provide that such program shall be administered by or 
     under the supervision of the applicant;
       ``(3) provide for the proper and efficient administration 
     of such program;
       ``(4) provide for regular evaluation of such program; and
       ``(5) 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 title.
       ``(c) Factors for Consideration.--In determining whether or 
     not to approve applications for grants and for contracts 
     under this part, the Administrator or the Director, as 
     appropriate, shall consider--
       ``(1) whether the project uses appropriate and rigorous 
     methodology, including appropriate samples, control groups, 
     psychometrically sound measurement, and appropriate data 
     analysis techniques;
       ``(2) the experience of the principal and coprincipal 
     investigators in the area of youth violence and juvenile 
     delinquency;
       ``(3) the protection offered human subjects in the study, 
     including informed consent procedures; and
       ``(4) the cost-effectiveness of the proposed project.
       ``(d) Selection Process.--
       ``(1) In general.--
       ``(A) Competitive process.--Subject to subparagraph (B), 
     programs selected for assistance through grants or contracts 
     under section 243, 244, or 245 shall be selected through a 
     competitive process, which shall be established by the 
     Administrator or the Director, as appropriate, by rule. As 
     part of such a process, the Administrator or the Director, as 
     appropriate, shall announce in the Federal Register--
       ``(i) the availability of funds for such assistance;
       ``(ii) the general criteria applicable to the selection of 
     applicants to receive such assistance; and
       ``(iii) a description of the procedures applicable to 
     submitting and reviewing applications for such assistance.
       ``(B) Waiver.--The competitive process described in 
     subparagraph (A) shall not be required if the Administrator 
     or the Director, as appropriate, makes a written 
     determination waiving the competitive process with respect to 
     a program to be carried out in an area with respect to which 
     the President declares under the Robert T. Stafford Disaster 
     Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) 
     that a major disaster or emergency exists.
       ``(2) Review process.--
       ``(A) In general.--Programs selected for assistance through 
     grants and contracts under this part shall be selected after 
     a competitive process that provides potential grantees and 
     contractors with not less than 90 days to submit applications 
     for funds. Applications for funds shall be reviewed through a 
     formal peer review process by qualified scientists with 
     expertise in the fields of criminology, juvenile delinquency, 
     sociology, psychology, research methodology, evaluation 
     research, statistics, and related areas. The peer review 
     process shall conform to the process used by the National 
     Institutes of Health, the National Institute of Justice, or 
     the National Science Foundation.
       ``(B) Establishment of process.--Such process shall be 
     established by the Administrator or the Director, as 
     appropriate, in consultation with the Directors and other 
     appropriate officials of the National Science Foundation and 
     the National Institute of Mental Health. Before 
     implementation of such process, the Administrator or the 
     Director, as appropriate, shall submit such process to such 
     Directors, each of whom shall prepare and furnish to the 
     Chairman of the Committee on Education and the Workforce of 
     the House of Representatives and the Chairman of the 
     Committee on the Judiciary of the Senate a final report 
     containing their comments on such process as proposed to be 
     established.
       ``(3) Emergency expedited consideration.--In establishing 
     the process required under paragraphs (1) and (2), the 
     Administrator or the Director, as appropriate, shall provide 
     for emergency expedited consideration of a proposed program 
     if the Administrator or the Director, as appropriate, 
     determines such action to be necessary in order to avoid a 
     delay that would preclude carrying out the program.
       ``(e) Effect of Population.--A city shall not be denied 
     assistance under section 243, 244, or 245 solely on the basis 
     of its population.
       ``(f) Notification Process.--Notification of grants and 
     contracts made under sections 243, 244, and 245 (and the 
     applications submitted for such grants and contracts) shall, 
     upon being made, be transmitted by the Administrator or the 
     Director, as appropriate, to the Chairman of the Committee on 
     Education and the Workforce of the House of Representatives 
     and the Chairman of the Committee on the Judiciary of the 
     Senate.

     ``SEC. 248. STUDY OF VIOLENT ENTERTAINMENT.

       ``(a) Requirement.--The National Institutes of Health shall 
     conduct a study of the effects of violent video games and 
     music on child development and youth violence.
       ``(b) Elements.--The study under subsection (a) shall 
     address--
       ``(1) whether, and to what extent, violence in video games 
     and music adversely affects the emotional and psychological 
     development of juveniles; and
       ``(2) whether violence in video games and music contributes 
     to juvenile delinquency and youth violence.

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

     ``SEC. 251. DEFINITION OF JUVENILE.

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

     ``SEC. 252. GANG-FREE SCHOOLS AND COMMUNITIES.

       ``(a) In General.--
       ``(1) 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 carry out any of the following purposes:
       ``(A) To prevent and to reduce the participation of 
     juveniles in the activities of gangs

[[Page 11042]]

     that commit crimes. Such programs and activities may 
     include--
       ``(i) individual, peer, family, and group counseling, 
     including the 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 such 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 their 
     families, including assistance from social service, welfare, 
     health care, mental health, and substance abuse prevention 
     and treatment agencies where necessary;
       ``(iv) the 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, to assist such adults in providing 
     constructive alternatives to participating in the activities 
     of gangs.
       ``(B) To develop within the juvenile adjudicatory and 
     correctional systems new and innovative means to address the 
     problems of juveniles convicted of serious drug-related and 
     gang-related offenses.
       ``(C) To target elementary school students, with the 
     purpose of steering students away from gang involvement.
       ``(D) To provide treatment to juveniles who are members of 
     such gangs, including members who are accused of committing a 
     serious crime and members who have been adjudicated as being 
     delinquent.
       ``(E) To promote the involvement of juveniles in lawful 
     activities in geographical areas in which gangs commit 
     crimes.
       ``(F) To 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 such schools in 
     maintaining a safe environment conducive to learning.
       ``(G) To 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 such juveniles in such 
     instructional programs.
       ``(H) To 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) To provide services to prevent juveniles from coming 
     into contact with the juvenile justice system again as a 
     result of gang-related activity.
       ``(J) To provide services authorized in this section at a 
     special location in a school or housing project or other 
     appropriate site.
       ``(K) To support activities to inform juveniles of the 
     availability of treatment and services for which financial 
     assistance is available under this section.
       ``(2) 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 
     seeking to receive a grant, or to 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 such purpose such program or 
     activity is designed to carry out;
       ``(B) provide that such program or activity shall be 
     administered by or under the supervision of the applicant;
       ``(C) provide for the proper and efficient administration 
     of such program or activity;
       ``(D) provide for regular evaluation of such 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 such program or activity is coordinated 
     with programs, activities, and services available locally 
     under part B or C 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 such application and 
     summarize the responses of such State planning agency to such 
     request;
       ``(H) provide that regular reports on such program or 
     activity shall be sent to the Administrator and to such 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 applications--
       ``(A) submitted by, or substantially involving, local 
     educational agencies (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 applicants 
     propose to carry out the programs and activities for which 
     such 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 such 
     geographical area; and
       ``(ii) will substantially involve the families of juvenile 
     gang members in carrying out such programs or activities.

     ``SEC. 253. 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; and
       ``(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, boot camps and 
     similar programs, and secure community-based treatment 
     facilities linked to other support services such as health, 
     mental health, education (remedial and special), 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 convicted of serious drug-related and 
     gang-related offenses;
       ``(3) providing treatment to juveniles who are members of 
     such 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

[[Page 11043]]

     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 
     desiring to receive a grant, or to 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 such purpose such program or 
     activity is designed to carry out;
       ``(B) provide that such program or activity shall be 
     administered by or under the supervision of the applicant;
       ``(C) provide for the proper and efficient administration 
     of such program or activity;
       ``(D) provide for regular evaluation of such 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 such 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 such application and 
     summarize the responses of such State planning agency to such 
     request;
       ``(H) provide that regular reports on such program or 
     activity shall be sent to the Administrator and to such 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 applications--
       ``(A) submitted by, or substantially involving, community-
     based organizations 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 applicants 
     propose to carry out the programs and activities for which 
     such 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 such 
     geographical area; and
       ``(ii) will substantially involve the families of juvenile 
     gang members in carrying out such programs or activities.

     ``SEC. 254. 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 253.

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

     ``SEC. 261. GRANTS AND PROJECTS.

       ``(a) Authority To Make Grants.--The Administrator may make 
     grants to, and 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. The Administrator shall 
     ensure that, to the extent reasonable and practicable, such 
     grants are made to achieve an equitable geographical 
     distribution of such projects throughout the United States.
       ``(b) Use of Grants.--A grant made under subsection (a) may 
     be used to pay all or part of the cost of the project for 
     which such grant is made.

     ``SEC. 262. GRANTS FOR 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 261.

     ``SEC. 263. 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. 264. 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 F--MENTORING

     ``SEC. 271. 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. 272. DEFINITIONS.

       ``In this part--
       ``(1) the term `at-risk youth' means a youth at risk of 
     educational failure, dropping out of school, or involvement 
     in criminal or delinquent activities; and
       ``(2) the term `mentor' means a person who works with an 
     at-risk youth on a one-to-one basis, providing a positive 
     role model for the youth, establishing a supportive 
     relationship with the youth, and providing 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. 273. 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 achieve 1 or more of the following 
     goals:
       ``(A) Provide general guidance to at-risk youth.
       ``(B) Promote personal and social responsibility among at-
     risk youth.
       ``(C) Increase at-risk youth's participation in and enhance 
     their ability to benefit from elementary and secondary 
     education.
       ``(D) Discourage at-risk youth's use of illegal drugs, 
     violence, and dangerous weapons, and other criminal activity.
       ``(E) Discourage involvement of at-risk youth in gangs.
       ``(F) Encourage at-risk youth's participation 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 
     directly work with parents and children to work directly with 
     children; and
       ``(ii) has an afterschool 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 Violent 
     and Repeat Juvenile Offender Accountability and 
     Rehabilitation Act of 1999.
       ``(2) Authority.--The Administrator shall make and enter 
     into contracts with a qualified positive alternatives 
     program.

     ``SEC. 274. REGULATIONS AND GUIDELINES.

       ``(a) Program Guidelines.--The Administrator shall issue 
     program guidelines to implement this part. The program 
     guidelines 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. 275. USE OF GRANTS.

       ``(a) Permitted Uses.--Grants awarded under this part shall 
     be used to implement mentoring programs, including--
       ``(1) hiring of mentoring coordinators and support staff;
       ``(2) recruitment, screening, and training of adult 
     mentors;
       ``(3) reimbursement of mentors for reasonable incidental 
     expenditures such as transportation that are directly 
     associated with mentoring; and

[[Page 11044]]

       ``(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 
     grantee's operations;
       ``(3) to support litigation of any kind; or
       ``(4) for any other purpose reasonably prohibited by the 
     Administrator by regulation.

     ``SEC. 276. 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 their 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. 277. 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 their 
     ability 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 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 youth to obtain employment upon graduation;
       ``(C) assistance with homework assignments; and
       ``(D) exposure to experiences that youth might not 
     otherwise encounter;
       ``(5) an assurance that projects operated in elementary 
     schools will provide youth with--
       ``(A) academic assistance;
       ``(B) exposure to new experiences and activities that youth 
     might not encounter on their own; and
       ``(C) emotional support;
       ``(6) an assurance that projects will be monitored to 
     ensure that each youth benefits from a mentor relationship, 
     with provision for a new mentor assignment if the 
     relationship is not beneficial to the youth;
       ``(7) the method by which mentors and youth will be 
     recruited to the project;
       ``(8) the method by which prospective mentors will be 
     screened; and
       ``(9) the training that will be provided to mentors.

     ``SEC. 278. GRANT CYCLES.

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

     ``SEC. 279. FAMILY MENTORING PROGRAM.

       ``(a) Definitions.--In this section--
       ``(1) 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) 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; and
       ``(3) 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 
     Violent and Repeat Juvenile Offender Accountability and 
     Rehabilitation Act of 1999.
       ``(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.

     ``SEC. 280. CAPACITY BUILDING.

       ``(a) Model Program.--The Administrator may make a grant to 
     a qualified national organization with a proven history of 
     providing one-to-one services for the purpose of expanding 
     and replicating capacity building programs to reduce the 
     incidence of juvenile crime and delinquency among at-risk 
     youth.
       ``(b) Establishment of New Capacity Building Programs.--
       ``(1) In general.--The Administrator may make one or more 
     grants to national organizations with proven histories of 
     providing one-to-one services for the purpose of expanding 
     and replicating capacity building 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 50 percent of the total cost of the 
     programs funded by the grant.
       ``(B) Source of match.--Matching funds for grants under 
     this subsection must be derived from a private agency, 
     institution or business.

                  ``PART G--ADMINISTRATIVE PROVISIONS

     ``SEC. 291. 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. 3796 et seq.), $1,100,000,000 for each of fiscal years 
     1999 through 2004.
       ``(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. 3796 et 
     seq.), of which $50,000,000 shall be for programs under 
     section 1803;
       ``(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. 3796 et seq.);
       ``(3) $200,000,000 shall be for programs under section 205 
     of part A of this title;
       ``(4) $200,000,000 shall be for programs under part B of 
     this title;
       ``(5) $40,000,000 shall be for prevention programs under 
     part C of this title--
       ``(A) of which $20,000,000 shall be for evaluation research 
     of primary, secondary, and tertiary juvenile delinquency 
     programs; and
       ``(B) $2,000,000 shall be for the study required by section 
     248;
       ``(6) $20,000,000 shall be for programs under parts D and E 
     of this title; and
       ``(7) $20,000,000 shall be for programs under part F of 
     this title, of which $3,000,000 shall be for programs under 
     section 279 and $3,000,000 for programs under section 280.
       ``(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 1999 through 
     2004.
       ``(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. 292. RELIGIOUS NONDISCRIMINATION; RESTRICTIONS ON USE 
                   OF AMOUNTS; PENALTIES.

       ``(a) Religious Nondiscrimination.--The provisions of 
     section 104 of the Personal Responsibility and Work 
     Opportunity Reconciliation Act of 1996 (42 U.S.C. 604a) shall 
     apply to a State or local government exercising its authority 
     to distribute grants to applicants under this title.
       ``(b) Restrictions on the Use of Amounts.--
       ``(1) Experimentation on individuals.--
       ``(A) In general.--No amounts made available to carry out 
     this title may be used for any biomedical or behavior control 
     experimentation on individuals or any research involving such 
     experimentation.
       ``(B) Definition of behavior control.--In this paragraph, 
     the term `behavior control'--
       ``(i) means any experimentation or research employing 
     methods that--

[[Page 11045]]

       ``(I) involve a substantial risk of physical or 
     psychological harm to the individual subject; and
       ``(II) are intended to modify or alter criminal and other 
     antisocial behavior, including aversive conditioning therapy, 
     drug therapy, chemotherapy (except as part of routine 
     clinical care), physical therapy of mental disorders, 
     electroconvulsive therapy, or physical punishment; and

       ``(ii) does not include a limited class of programs 
     generally recognized as involving no such risk, including 
     methadone maintenance and certain substance abuse treatment 
     programs, psychological counseling, parent training, behavior 
     contracting, survival skills training, restitution, or 
     community service, if safeguards are established for the 
     informed consent of subjects (including parents or guardians 
     of minors).
       ``(2) Prohibition against private agency use of amounts in 
     construction.--
       ``(A) In general.--No amount made available to any private 
     agency or institution, or to any individual, under this title 
     (either directly or through a State office) may be used for 
     construction.
       ``(B) Exception.--The restriction in clause (i) shall not 
     apply to any juvenile program in which training or experience 
     in construction or renovation is used as a method of juvenile 
     accountability or rehabilitation.
       ``(3) Lobbying.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     no amount made available under this title to any public or 
     private agency, organization or institution, or to any 
     individual shall be used to pay for any personal service, 
     advertisement, telegram, telephone communication, letter, 
     printed or written matter, or other device intended or 
     designed to influence a Member of Congress or any other 
     Federal, State, or local elected official to favor or oppose 
     any Act, bill, resolution, or other legislation, or any 
     referendum, initiative, constitutional amendment, or any 
     other procedure of Congress, any State legislature, any local 
     council, or any similar governing body.
       ``(B) Exception.--This paragraph does not preclude the use 
     of amounts made available under this title in connection with 
     communications to Federal, State, or local elected officials, 
     upon the request of such officials through proper official 
     channels, pertaining to authorization, appropriation, or 
     oversight measures directly affecting the operation of the 
     program involved.
       ``(4) Legal action.--No amounts made available under this 
     title to any public or private agency, organization, 
     institution, or to any individual, shall be used in any way 
     directly or indirectly to file an action or otherwise take 
     any legal action against any Federal, State, or local agency, 
     institution, or employee.
       ``(c) Penalties.--
       ``(1) In general.--If any amounts are used for the purposes 
     prohibited in either paragraph (3) or (4) of subsection (b), 
     or in violation of subsection (a)--
       ``(A) funding for the agency, organization, institution, or 
     individual at issue shall be immediately discontinued in 
     whole or in part; and
       ``(B) the agency, organization, institution, or individual 
     using amounts for the purpose prohibited in paragraph (3) or 
     (4) of subsection (b), or in violation of subsection (a), 
     shall be liable for reimbursement of all amounts granted to 
     the individual or entity for the fiscal year for which the 
     amounts were granted.
       ``(2) Liability for expenses and damages.--In relation to a 
     violation of subsection (b)(4), the individual filing the 
     lawsuit or responsible for taking the legal action against 
     the Federal, State, or local agency or institution, or 
     individual working for the Government, shall be individually 
     liable for all legal expenses and any other expenses of the 
     Government agency, institution, or individual working for the 
     Government, including damages assessed by the jury against 
     the Government agency, institution, or individual working for 
     the Government, and any punitive damages.

     ``SEC. 293. 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), 3789g(d)) shall apply with respect to the 
     administration of and compliance with this title, except that 
     for purposes of this Act--
       ``(1) any reference to the Office of Justice Programs in 
     such sections shall be considered to be a reference to the 
     Assistant Attorney General who heads the Office of Justice 
     Programs; and
       ``(2) the term `this title' as it appears in such sections 
     shall be considered to be a reference to this title.
       ``(c) Applicability of Certain Other Crime Control 
     Provisions.--Sections 801(a), 801(c), and 806 of the Omnibus 
     Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
     3711(a), 3711(c), and 3787) shall apply with respect to the 
     administration of and compliance with this title, except 
     that, for purposes of this title--
       ``(1) any reference to the Attorney General, the Assistant 
     Attorney General who heads the Office of Justice Programs, 
     the Director of the National Institute of Justice, the 
     Director of the Bureau of Justice Statistics, or the Director 
     of the Bureau of Justice Assistance shall be considered to be 
     a reference to the Administrator;
       ``(2) any reference to the Office of Justice Programs, the 
     Bureau of Justice Assistance, the National Institute of 
     Justice, or the Bureau of Justice Statistics shall be 
     considered to be a reference to the Office of Juvenile Crime 
     Control and Prevention; and
       ``(3) the term `this title' as it appears in those sections 
     shall be considered to be a reference to this title.
       ``(d) Rules, Regulations, and Procedures.--The 
     Administrator may, after appropriate consultation with 
     representatives of States and units of local government, and 
     an opportunity for notice and comment in accordance with 
     subchapter II of chapter 5 of title 5, United States Code, 
     establish such rules, regulations, and procedures as are 
     necessary for the exercise of the functions of the Office and 
     as are consistent with the purpose of this Act.
       ``(e) Withholding.--The Administrator shall initiate such 
     proceedings as the Administrator determines to be appropriate 
     if the Administrator, after giving reasonable notice and 
     opportunity for hearing to a recipient of financial 
     assistance under this title, finds that--
       ``(1) the program or activity for which the grant or 
     contract involved was made has been so changed that the 
     program or activity no longer complies with this title; or
       ``(2) in the operation of such program or activity there is 
     failure to comply substantially with any provision of this 
     title.''.
       (b) Repeal.--Title V of the Juvenile Justice and 
     Delinquency Prevention Act of 1974 (42 U.S.C. 5781 et seq.) 
     is repealed.

     SEC. 303. RUNAWAY AND HOMELESS YOUTH.

       (a) Findings.--Section 302 of the Runaway and Homeless 
     Youth Act (42 U.S.C. 5701) is amended--
       (1) in paragraph (5), by striking ``accurate reporting of 
     the problem nationally and to develop'' and inserting ``an 
     accurate national reporting system to report the problem, and 
     to assist in the development of''; and
       (2) by striking paragraph (8) and inserting the following:
       ``(8) services for runaway and homeless youth are needed in 
     urban, suburban, and rural areas;''.
       (b) Authority To Make Grants for Centers and Services.--
     Section 311 of the Runaway and Homeless Youth Act (42 U.S.C. 
     5711) is amended--
       (1) by striking subsection (a) and inserting the following:
       ``(a) Grants for Centers and Services.--
       ``(1) In general.--The Secretary shall make grants to 
     public and nonprofit private entities (and combinations of 
     such entities) to establish and operate (including 
     renovation) local centers to provide services for runaway and 
     homeless youth and for the families of such youth.
       ``(2) Services provided.--Services provided under paragraph 
     (1)--
       ``(A) shall be provided as an alternative to involving 
     runaway and homeless youth in the law enforcement, child 
     welfare, mental health, and juvenile justice systems;
       ``(B) shall include--
       ``(i) safe and appropriate shelter; and
       ``(ii) individual, family, and group counseling, as 
     appropriate; and
       ``(C) may include--
       ``(i) street-based services;
       ``(ii) home-based services for families with youth at risk 
     of separation from the family; and
       ``(iii) drug abuse education and prevention services.'';
       (2) in subsection (b)(2), by striking ``the Trust Territory 
     of the Pacific Islands,''; and
       (3) by striking subsections (c) and (d).
       (c) Eligibility.--Section 312 of the Runaway and Homeless 
     Youth Act (42 U.S.C. 5712) is amended--
       (1) in subsection (b)--
       (A) in paragraph (8), by striking ``paragraph (6)'' and 
     inserting ``paragraph (7)'';
       (B) in paragraph (10), by striking ``and'' at the end;
       (C) in paragraph (11), by striking the period at the end 
     and inserting ``; and''; and
       (D) by adding at the end the following:
       ``(12) shall submit to the Secretary an annual report that 
     includes, with respect to the year for which the report is 
     submitted--
       ``(A) information regarding the activities carried out 
     under this part;
       ``(B) the achievements of the project under this part 
     carried out by the applicant; and
       ``(C) statistical summaries describing--
       ``(i) the number and the characteristics of the runaway and 
     homeless youth, and youth at risk of family separation, who 
     participate in the project; and
       ``(ii) the services provided to such youth by the 
     project.''; and
       (2) by striking subsections (c) and (d) and inserting the 
     following:
       ``(c) Applicants Providing Street-Based Services.--To be 
     eligible to use assistance under section 311(a)(2)(C)(i) to 
     provide street-based services, the applicant shall include in 
     the plan required by subsection (b) assurances that in 
     providing such services the applicant will--

[[Page 11046]]

       ``(1) provide qualified supervision of staff, including on-
     street supervision by appropriately trained staff;
       ``(2) provide backup personnel for on-street staff;
       ``(3) provide initial and periodic training of staff who 
     provide such services; and
       ``(4) conduct outreach activities for runaway and homeless 
     youth, and street youth.
       ``(d) Applicants Providing Home-Based Services.--To be 
     eligible to use assistance under section 311(a) to provide 
     home-based services described in section 311(a)(2)(C)(ii), an 
     applicant shall include in the plan required by subsection 
     (b) assurances that in providing such services the applicant 
     will--
       ``(1) provide counseling and information to youth and the 
     families (including unrelated individuals in the family 
     households) of such youth, including services relating to 
     basic life skills, interpersonal skill building, educational 
     advancement, job attainment skills, mental and physical 
     health care, parenting skills, financial planning, and 
     referral to sources of other needed services;
       ``(2) provide directly, or through an arrangement made by 
     the applicant, 24-hour service to respond to family crises 
     (including immediate access to temporary shelter for runaway 
     and homeless youth, and youth at risk of separation from the 
     family);
       ``(3) establish, in partnership with the families of 
     runaway and homeless youth, and youth at risk of separation 
     from the family, objectives and measures of success to be 
     achieved as a result of receiving home-based services;
       ``(4) provide initial and periodic training of staff who 
     provide home-based services; and
       ``(5) ensure that--
       ``(A) caseloads will remain sufficiently low to allow for 
     intensive (5 to 20 hours per week) involvement with each 
     family receiving such services; and
       ``(B) staff providing such services will receive qualified 
     supervision.
       ``(e) Applicants Providing Drug Abuse Education and 
     Prevention Services.--To be eligible to use assistance under 
     section 311(a)(2)(C)(iii) to provide drug abuse education and 
     prevention services, an applicant shall include in the plan 
     required by subsection (b)--
       ``(1) a description of--
       ``(A) the types of such services that the applicant 
     proposes to provide;
       ``(B) the objectives of such services; and
       ``(C) the types of information and training to be provided 
     to individuals providing such services to runaway and 
     homeless youth; and
       ``(2) an assurance that in providing such services the 
     applicant shall conduct outreach activities for runaway and 
     homeless youth.''.
       (d) Approval of Applications.--Section 313 of the Runaway 
     and Homeless Youth Act (42 U.S.C. 5713) is amended to read as 
     follows:

     ``SEC. 313. APPROVAL OF APPLICATIONS.

       ``(a) In General.--An application by a public or private 
     entity for a grant under section 311(a) may be approved by 
     the Secretary after taking into consideration, with respect 
     to the State in which such entity proposes to provide 
     services under this part--
       ``(1) the geographical distribution in such State of the 
     proposed services under this part for which all grant 
     applicants request approval; and
       ``(2) which areas of such State have the greatest need for 
     such services.
       ``(b) Priority.--In selecting applications for grants under 
     section 311(a), the Secretary shall give priority to--
       ``(1) eligible applicants who have demonstrated experience 
     in providing services to runaway and homeless youth; and
       ``(2) eligible applicants that request grants of less than 
     $200,000.''.
       (e) Authority for Transitional Living Grant Program.--
     Section 321 of the Runaway and Homeless Youth Act (42 U.S.C. 
     5714-1) is amended--
       (1) in the section heading, by striking ``purpose and'';
       (2) in subsection (a), by striking ``(a)''; and
       (3) by striking subsection (b).
       (f) Eligibility.--Section 322(a)(9) of the Runaway and 
     Homeless Youth Act (42 U.S.C. 5714-2(a)(9)) is amended by 
     inserting ``, and the services provided to such youth by such 
     project,'' after ``such project''.
       (g) Coordination.--Section 341 of the Runaway and Homeless 
     Youth Act (42 U.S.C. 5714-21) is amended to read as follows:

     ``SEC. 341. COORDINATION.

       ``With respect to matters relating to the health, 
     education, employment, and housing of runaway and homeless 
     youth, the Secretary--
       ``(1) in conjunction with the Attorney General, shall 
     coordinate the activities of agencies of the Department of 
     Health and Human Services with activities under any other 
     Federal juvenile crime control, prevention, and juvenile 
     offender accountability program and with the activities of 
     other Federal entities; and
       ``(2) shall coordinate the activities of agencies of the 
     Department of Health and Human Services with the activities 
     of other Federal entities and with the activities of entities 
     that are eligible to receive grants under this title.''.
       (h) Authority To Make Grants for Research, Evaluation, 
     Demonstration, and Service Projects.--Section 343 of the 
     Runaway and Homeless Youth Act (42 U.S.C. 5714-23) is 
     amended--
       (1) in the section heading, by inserting ``evaluation,'' 
     after ``research,'';
       (2) in subsection (a), by inserting ``evaluation,'' after 
     ``research,''; and
       (3) in subsection (b)--
       (A) by striking paragraph (2); and
       (B) by redesignating paragraphs (3) through (10) as 
     paragraphs (2) through (9), respectively.
       (i) Assistance to Potential Grantees.--Section 371 of the 
     Runaway and Homeless Youth Act (42 U.S.C. 5714a) is amended 
     by striking the last sentence.
       (j) Reports.--Section 381 of the Runaway and Homeless Youth 
     Act (42 U.S.C. 5715) is amended to read as follows:

     ``SEC. 381. REPORTS.

       ``(a) In General.--Not later than April 1, 2000, and 
     biennially thereafter, the Secretary shall submit, to the 
     Committee on Education and the Workforce of the House of 
     Representatives and the Committee on the Judiciary of the 
     Senate, a report on the status, activities, and 
     accomplishments of entities that receive grants under parts 
     A, B, C, D, and E, with particular attention to--
       ``(1) in the case of centers funded under part A, the 
     ability or effectiveness of such centers in--
       ``(A) alleviating the problems of runaway and homeless 
     youth;
       ``(B) if applicable or appropriate, reuniting such youth 
     with their families and encouraging the resolution of 
     intrafamily problems through counseling and other services;
       ``(C) strengthening family relationships and encouraging 
     stable living conditions for such youth; and
       ``(D) assisting such youth to decide upon a future course 
     of action; and
       ``(2) in the case of projects funded under part B--
       ``(A) the number and characteristics of homeless youth 
     served by such projects;
       ``(B) the types of activities carried out by such projects;
       ``(C) the effectiveness of such projects in alleviating the 
     problems of homeless youth;
       ``(D) the effectiveness of such projects in preparing 
     homeless youth for self-sufficiency;
       ``(E) the effectiveness of such projects in assisting 
     homeless youth to decide upon future education, employment, 
     and independent living;
       ``(F) the ability of such projects to encourage the 
     resolution of intrafamily problems through counseling and 
     development of self-sufficient living skills; and
       ``(G) activities and programs planned by such projects for 
     the following fiscal year.
       ``(b) Contents of Reports.--The Secretary shall include in 
     each report submitted under subsection (a), summaries of--
       ``(1) the evaluations performed by the Secretary under 
     section 386; and
       ``(2) descriptions of the qualifications of, and training 
     provided to, individuals involved in carrying out such 
     evaluations.''.
       (k) Evaluation.--Section 384 of the Runaway and Homeless 
     Youth Act (42 U.S.C. 5732) is amended to read as follows:

     ``SEC. 386. EVALUATION AND INFORMATION.

       ``(a) In General.--If a grantee receives grants for 3 
     consecutive fiscal years under part A, B, C, D, or E (in the 
     alternative), then the Secretary shall evaluate such grantee 
     on-site, not less frequently than once in the period of such 
     3 consecutive fiscal years, for purposes of--
       ``(1) determining whether such grants are being used for 
     the purposes for which such grants are made by the Secretary;
       ``(2) collecting additional information for the report 
     required by section 383; and
       ``(3) providing such information and assistance to such 
     grantee as will enable such grantee to improve the operation 
     of the centers, projects, and activities for which such 
     grants are made.
       ``(b) Cooperation.--Recipients of grants under this title 
     shall cooperate with the Secretary's efforts to carry out 
     evaluations, and to collect information, under this title.''.
       (l) Authorization of Appropriations.--Section 385 of the 
     Runaway and Homeless Youth Act (42 U.S.C. 5751) is amended to 
     read as follows:

     ``SEC. 388. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) In General.--
       ``(1) Authorization.--There is authorized to be 
     appropriated to carry out this title (other than part E) such 
     sums as may be necessary for fiscal years 2000, 2001, 2002, 
     2003, and 2004.
       ``(2) Allocation.--
       ``(A) Parts a and b.--From the amount appropriated under 
     paragraph (1) for a fiscal year, the Secretary shall reserve 
     not less than 90 percent to carry out parts A and B.
       ``(B) Part b.--Of the amount reserved under subparagraph 
     (A), not less than 20 percent, and not more than 30 percent, 
     shall be reserved to carry out part B.
       ``(3) Parts c and d.--In each fiscal year, after reserving 
     the amounts required by paragraph (2), the Secretary shall 
     use the remaining amount (if any) to carry out parts C and D.
       ``(b) Separate Identification Required.--No funds 
     appropriated to carry out this title may be combined with 
     funds appropriated

[[Page 11047]]

     under any other Act if the purpose of combining such funds is 
     to make a single discretionary grant, or a single 
     discretionary payment, unless such funds are separately 
     identified in all grants and contracts and are used for the 
     purposes specified in this title.''.
       (m) Sexual Abuse Prevention Program.--
       (1) Authority for program.--The Runaway and Homeless Youth 
     Act (42 U.S.C. 5701 et seq.) is amended--
       (A) by striking the heading for part F;
       (B) by redesignating part E as part F; and
       (C) by inserting after part D the following:

               ``PART E--SEXUAL ABUSE PREVENTION PROGRAM

     ``SEC. 351. AUTHORITY TO MAKE GRANTS.

       ``(a) In General.--The Secretary may make grants to 
     nonprofit private agencies for the purpose of providing 
     street-based services to runaway and homeless, and street 
     youth, who have been subjected to, or are at risk of being 
     subjected to, sexual abuse, prostitution, or sexual 
     exploitation.
       ``(b) Priority.--In selecting applicants to receive grants 
     under subsection (a), the Secretary shall give priority to 
     nonprofit private agencies that have experience in providing 
     services to runaway and homeless, and street youth.''.
       (2) Authorization of appropriations.--Section 388(a) of the 
     Runaway and Homeless Youth Act (42 U.S.C. 5751), as amended 
     by subsection (l) of this section, is amended by adding at 
     the end the following:
       ``(4) Part E.--There is authorized to be appropriated to 
     carry out part E such sums as may be necessary for fiscal 
     years 2000, 2001, 2002, 2003, and 2004.''.
       (n) Definitions.--The Runaway and Homeless Youth Act (42 
     U.S.C. 5701 et seq.) is amended by inserting after section 
     386, as amended by subsection (k) of this section, the 
     following:

     ``SEC. 387. DEFINITIONS.

       ``In this title:
       ``(1) Drug abuse education and prevention services.--The 
     term `drug abuse education and prevention services'--
       ``(A) means services to runaway and homeless youth to 
     prevent or reduce the illicit use of drugs by such youth; and
       ``(B) may include--
       ``(i) individual, family, group, and peer counseling;
       ``(ii) drop-in services;
       ``(iii) assistance to runaway and homeless youth in rural 
     areas (including the development of community support 
     groups);
       ``(iv) information and training relating to the illicit use 
     of drugs by runaway and homeless youth, to individuals 
     involved in providing services to such youth; and
       ``(v) activities to improve the availability of local drug 
     abuse prevention services to runaway and homeless youth.
       ``(2) Home-based services.--The term `home-based 
     services'--
       ``(A) means services provided to youth and their families 
     for the purpose of--
       ``(i) preventing such youth from running away, or otherwise 
     becoming separated, from their families; and
       ``(ii) assisting runaway youth to return to their families; 
     and
       ``(B) includes services that are provided in the residences 
     of families (to the extent practicable), including--
       ``(i) intensive individual and family counseling; and
       ``(ii) training relating to life skills and parenting.
       ``(3) Homeless youth.--The term `homeless youth' means an 
     individual--
       ``(A) who is--
       ``(i) not more than 21 years of age; and
       ``(ii) for the purposes of part B, not less than 16 years 
     of age;
       ``(B) for whom it is not possible to live in a safe 
     environment with a relative; and
       ``(C) who has no other safe alternative living arrangement.
       ``(4) Street-based services.--The term `street-based 
     services'--
       ``(A) means services provided to runaway and homeless 
     youth, and street youth, in areas where they congregate, 
     designed to assist such youth in making healthy personal 
     choices regarding where they live and how they behave; and
       ``(B) may include--
       ``(i) identification of and outreach to runaway and 
     homeless youth, and street youth;
       ``(ii) crisis intervention and counseling;
       ``(iii) information and referral for housing;
       ``(iv) information and referral for transitional living and 
     health care services;
       ``(v) advocacy, education, and prevention services related 
     to--

       ``(I) alcohol and drug abuse;
       ``(II) sexual exploitation;
       ``(III) sexually transmitted diseases, including human 
     immunodeficiency virus (HIV); and
       ``(IV) physical and sexual assault.

       ``(5) Street youth.--The term `street youth' means an 
     individual who--
       ``(A) is--
       ``(i) a runaway youth; or
       ``(ii) indefinitely or intermittently a homeless youth; and
       ``(B) spends a significant amount of time on the street or 
     in other areas that increase the risk to such youth for 
     sexual abuse, sexual exploitation, prostitution, or drug 
     abuse.
       ``(6) Transitional living youth project.--The term 
     `transitional living youth project' means a project that 
     provides shelter and services designed to promote a 
     transition to self-sufficient living and to prevent long-term 
     dependency on social services.
       ``(7) Youth at risk of separation from the family.--The 
     term `youth at risk of separation from the family' means an 
     individual--
       ``(A) who is less than 18 years of age; and
       ``(B)(i) who has a history of running away from the family 
     of such individual;
       ``(ii) whose parent, guardian, or custodian is not willing 
     to provide for the basic needs of such individual; or
       ``(iii) who is at risk of entering the child welfare system 
     or juvenile justice system as a result of the lack of 
     services available to the family to meet such needs.''.
       (o) Redesignation of Sections.--Sections 371, 372, 381, 
     382, and 383 of the Runaway and Homeless Youth Act (42 U.S.C. 
     5714b-5851 et seq.), as amended by this title, are 
     redesignated as sections 381, 382, 383, 384, and 385, 
     respectively.
       (p) Technical Amendments.--The Runaway and Homeless Youth 
     Act (42 U.S.C. 5701 et seq.) is amended--
       (1) in section 331, in the first sentence, by striking 
     ``With'' and all that follows through ``the Secretary'', and 
     inserting ``The Secretary''; and
       (2) in section 344(a)(1), by striking ``With'' and all that 
     follows through ``the Secretary'', and inserting ``The 
     Secretary''.

     SEC. 304. NATIONAL CENTER FOR MISSING AND EXPLOITED CHILDREN.

       (a) Findings.--Section 402 of the Missing Children's 
     Assistance Act (42 U.S.C. 5771) is amended--
       (1) in paragraph (7), by striking ``and'' at the end;
       (2) in paragraph (8), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(9) for 14 years, the National Center for Missing and 
     Exploited Children has--
       ``(A) served as the national resource center and 
     clearinghouse congressionally mandated under the provisions 
     of the Missing Children's Assistance Act of 1984; and
       ``(B) worked in partnership with the Department of Justice, 
     the Federal Bureau of Investigation, the Department of the 
     Treasury, the Department of State, and many other agencies in 
     the effort to find missing children and prevent child 
     victimization;
       ``(10) Congress has given the Center, which is a private 
     non-profit corporation, access to the National Crime 
     Information Center of the Federal Bureau of Investigation, 
     and the National Law Enforcement Telecommunications System;
       ``(11) since 1987, the Center has operated the National 
     Child Pornography Tipline, in conjunction with the United 
     States Customs Service and the United States Postal 
     Inspection Service and, beginning this year, the Center 
     established a new CyberTipline on child exploitation, thus 
     becoming `the 911 for the Internet';
       ``(12) in light of statistics that time is of the essence 
     in cases of child abduction, the Director of the Federal 
     Bureau of Investigation in February of 1997 created a new 
     NCIC child abduction (`CA') flag to provide the Center 
     immediate notification in the most serious cases, resulting 
     in 642 `CA' notifications to the Center and helping the 
     Center to have its highest recovery rate in history;
       ``(13) the Center has established a national and 
     increasingly worldwide network, linking the Center online 
     with each of the missing children clearinghouses operated by 
     the 50 States, the District of Columbia, and Puerto Rico, as 
     well as with Scotland Yard in the United Kingdom, the Royal 
     Canadian Mounted Police, INTERPOL headquarters in Lyon, 
     France, and others, which has enabled the Center to transmit 
     images and information regarding missing children to law 
     enforcement across the United States and around the world 
     instantly;
       ``(14) from its inception in 1984 through March 31, 1998, 
     the Center has--
       ``(A) handled 1,203,974 calls through its 24-hour toll-free 
     hotline (1-800-THE-LOST) and currently averages 700 calls per 
     day;
       ``(B) trained 146,284 law enforcement, criminal and 
     juvenile justice, and healthcare professionals in child 
     sexual exploitation and missing child case detection, 
     identification, investigation, and prevention;
       ``(C) disseminated 15,491,344 free publications to citizens 
     and professionals; and
       ``(D) worked with law enforcement on the cases of 59,481 
     missing children, resulting in the recovery of 40,180 
     children;
       ``(15) the demand for the services of the Center is growing 
     dramatically, as evidenced by the fact that in 1997, the 
     Center handled 129,100 calls, an all-time record, and by the 
     fact that its new Internet website (www.missingkids.com) 
     receives 1,500,000 `hits' every day, and is linked with 
     hundreds of other websites to provide real-time images of 
     breaking cases of missing children;
       ``(16) in 1997, the Center provided policy training to 256 
     police chiefs and sheriffs from 50 States and Guam at its new 
     Jimmy Ryce Law Enforcement Training Center;
       ``(17) the programs of the Center have had a remarkable 
     impact, such as in the fight against infant abductions in 
     partnership with the healthcare industry, during which the 
     Center has performed 668 onsite hospital walk-throughs and 
     inspections, and trained 45,065 hospital administrators, 
     nurses, and

[[Page 11048]]

     security personnel, and thereby helped to reduce infant 
     abductions in the United States by 82 percent;
       ``(18) the Center is now playing a significant role in 
     international child abduction cases, serving as a 
     representative of the Department of State at cases under The 
     Hague Convention, and successfully resolving the cases of 343 
     international child abductions, and providing greater support 
     to parents in the United States;
       ``(19) the Center is a model of public/private partnership, 
     raising private sector funds to match congressional 
     appropriations and receiving extensive private in-kind 
     support, including advanced technology provided by the 
     computer industry such as imaging technology used to age the 
     photographs of long-term missing children and to reconstruct 
     facial images of unidentified deceased children;
       ``(20) the Center was 1 of only 10 of 300 major national 
     charities given an A+ grade in 1997 by the American Institute 
     of Philanthropy; and
       ``(21) the Center has been redesignated as the Nation's 
     missing children clearinghouse and resource center once every 
     3 years through a competitive selection process conducted by 
     the Office of Juvenile Justice and Delinquency Prevention of 
     the Department of Justice, and has received grants from that 
     Office to conduct the crucial purposes of the Center.''.
       (b) Definitions.--Section 403 of the Missing Children's 
     Assistance Act (42 U.S.C. 5772) is amended--
       (1) in paragraph (1), by striking ``and'' at the end;
       (2) in paragraph (2), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(3) the term `Center' means the National Center for 
     Missing and Exploited Children.''.
       (c) Duties and Functions of the Administrator.--Section 404 
     of the Missing Children's Assistance Act (42 U.S.C. 5773) is 
     amended--
       (1) by redesignating subsection (c) as subsection (d); and
       (2) by striking subsection (b) and inserting the following:
       ``(b) Annual Grant to National Center for Missing and 
     Exploited Children.--
       ``(1) In general.--The Administrator shall annually make a 
     grant to the Center, which shall be used to--
       ``(A)(i) operate a national 24-hour toll-free telephone 
     line by which individuals may report information regarding 
     the location of any missing child, or other child 13 years of 
     age or younger whose whereabouts are unknown to such child's 
     legal custodian, and request information pertaining to 
     procedures necessary to reunite such child with such child's 
     legal custodian; and
       ``(ii) coordinate the operation of such telephone line with 
     the operation of the national communications system referred 
     to in part C of the Runaway and Homeless Youth Act (42 U.S.C. 
     5714-11);
       ``(B) operate the official national resource center and 
     information clearinghouse for missing and exploited children;
       ``(C) provide to State and local governments, public and 
     private nonprofit agencies, and individuals, information 
     regarding--
       ``(i) free or low-cost legal, restaurant, lodging, and 
     transportation services that are available for the benefit of 
     missing and exploited children and their families; and
       ``(ii) the existence and nature of programs being carried 
     out by Federal agencies to assist missing and exploited 
     children and their families;
       ``(D) coordinate public and private programs that locate, 
     recover, or reunite missing children with their families;
       ``(E) disseminate, on a national basis, information 
     relating to innovative and model programs, services, and 
     legislation that benefit missing and exploited children;
       ``(F) provide technical assistance and training to law 
     enforcement agencies, State and local governments, elements 
     of the criminal justice system, public and private nonprofit 
     agencies, and individuals in the prevention, investigation, 
     prosecution, and treatment of cases involving missing and 
     exploited children; and
       ``(G) provide assistance to families and law enforcement 
     agencies in locating and recovering missing and exploited 
     children, both nationally and internationally.
       ``(2) Authorization of appropriations.--There is authorized 
     to be appropriated to the Administrator to carry out this 
     subsection, $10,000,000 for each of fiscal years 2000, 2001, 
     2002, 2003, and 2004.
       ``(c) National Incidence Studies.--The Administrator, 
     either by making grants to or entering into contracts with 
     public agencies or nonprofit private agencies, shall--
       ``(1) periodically conduct national incidence studies to 
     determine for a given year the actual number of children 
     reported missing each year, the number of children who are 
     victims of abduction by strangers, the number of children who 
     are the victims of parental kidnapings, and the number of 
     children who are recovered each year; and
       ``(2) provide to State and local governments, public and 
     private nonprofit agencies, and individuals information to 
     facilitate the lawful use of school records and birth 
     certificates to identify and locate missing children.''.
       (d) National Center for Missing and Exploited Children.--
     Section 405(a) of the Missing Children's Assistance Act (42 
     U.S.C. 5775(a)) is amended by inserting ``the Center and 
     with'' before ``public agencies''.
       (e) Authorization of Appropriations.--Section 408 of the 
     Missing Children's Assistance Act (42 U.S.C. 5777) is amended 
     by striking ``1997 through 2001'' and inserting ``2000 
     through 2004''.

     SEC. 305. TRANSFER OF FUNCTIONS AND SAVINGS PROVISIONS.

       (a) Definitions.--In this section, unless otherwise 
     provided or indicated by the context:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Office of Juvenile Crime Control and 
     Prevention established by operation of subsection (b).
       (2) Administrator of the office.--The term ``Administrator 
     of the Office'' means the Administrator of the Office of 
     Juvenile Justice and Delinquency Prevention.
       (3) Bureau of justice assistance.--The term ``Bureau of 
     Justice Assistance'' means the bureau established under 
     section 401 of title I of the Omnibus Crime Control and Safe 
     Streets Act of 1968.
       (4) Federal agency.--The term ``Federal agency'' has the 
     meaning given the term ``agency'' by section 551(1) of title 
     5, United States Code.
       (5) Function.--The term ``function'' means any duty, 
     obligation, power, authority, responsibility, right, 
     privilege, activity, or program.
       (6) Office of juvenile crime control and prevention.--The 
     term ``Office of Juvenile Crime Control and Prevention'' 
     means the office established by operation of subsection (b).
       (7) Office of juvenile justice and delinquency 
     prevention.--The term ``Office of Juvenile Justice and 
     Delinquency Prevention'' means the Office of Juvenile Justice 
     and Delinquency Prevention of the Department of Justice, 
     established by section 201 of the Juvenile Justice and 
     Delinquency Prevention Act of 1974, as in effect on the day 
     before the date of enactment of this Act.
       (8) Office.--The term ``office'' includes any office, 
     administration, agency, institute, unit, organizational 
     entity, or component thereof.
       (b) Transfer of Functions.--There are transferred to the 
     Office of Juvenile Crime Control and Prevention all functions 
     that the Administrator of the Office exercised before the 
     date of enactment of this Act (including all related 
     functions of any officer or employee of the Office of 
     Juvenile Justice and Delinquency Prevention), and authorized 
     after the date of enactment of this Act, relating to carrying 
     out the Juvenile Justice and Delinquency Prevention Act of 
     1974.
       (c) Transfer and Allocations of Appropriations and 
     Personnel.--
       (1) In general.--Except as otherwise provided in this 
     section, the personnel employed in connection with, and the 
     assets, liabilities, contracts, property, records, and 
     unexpended balances of appropriations, authorizations, 
     allocations, and other amounts employed, used, held, arising 
     from, available to, or to be made available in connection 
     with the functions transferred by this section, subject to 
     section 1531 of title 31, United States Code, shall be 
     transferred to the Office of Juvenile Crime Control and 
     Prevention.
       (2) Unexpended amounts.--Any unexpended amounts transferred 
     pursuant to this subsection shall be used only for the 
     purposes for which the amounts were originally authorized and 
     appropriated.
       (d) Incidental Transfers.--
       (1) In general.--The Director of the Office of Management 
     and Budget, at such time or times as the Director of that 
     Office shall provide, may make such determinations as may be 
     necessary with regard to the functions transferred by this 
     section, and to make such additional incidental dispositions 
     of personnel, assets, liabilities, grants, contracts, 
     property, records, and unexpended balances of appropriations, 
     authorizations, allocations, and other amounts held, used, 
     arising from, available to, or to be made available in 
     connection with such functions, as may be necessary to carry 
     out this section.
       (2) Termination of affairs.--The Director of the Office of 
     Management and Budget shall provide for the termination of 
     the affairs of all entities terminated by this section and 
     for such further measures and dispositions as may be 
     necessary to effectuate the purposes of this section.
       (e) Effect on Personnel.--
       (1) In general.--Except as otherwise provided by this 
     section, the transfer pursuant to this section of full-time 
     personnel (except special Government employees) and part-time 
     personnel holding permanent positions shall not cause any 
     such employee to be separated or reduced in grade or 
     compensation for 1 year after the date of transfer of such 
     employee under this section.
       (2) Executive schedule positions.--Except as otherwise 
     provided in this section, any person who, on the day before 
     the date of enactment of this Act, held a position 
     compensated in accordance with the Executive Schedule 
     prescribed in chapter 53 of title 5, United States Code, and 
     who, without a

[[Page 11049]]

     break in service, is appointed in the Office of Juvenile 
     Crime Control and Prevention to a position having duties 
     comparable to the duties performed immediately preceding such 
     appointment shall continue to be compensated in such new 
     position at not less than the rate provided for such previous 
     position, for the duration of the service of such person in 
     such new position.
       (3) Transition rule.--The incumbent Administrator of the 
     Office as of the date immediately preceding the date of 
     enactment of this Act shall continue to serve as 
     Administrator after the date of enactment of this Act until 
     such time as the incumbent resigns, is relieved of duty by 
     the President, or an Administrator is appointed by the 
     President, by and with the advice and consent of the Senate.
       (f) Savings Provisions.--
       (1) Continuing effect of legal documents.--All orders, 
     determinations, rules, regulations, permits, agreements, 
     grants, contracts, certificates, licenses, registrations, 
     privileges, and other administrative actions--
       (A) that have been issued, made, granted, or allowed to 
     become effective by the President, any Federal agency or 
     official thereof, or by a court of competent jurisdiction, in 
     the performance of functions that are transferred under this 
     section; and
       (B) that are in effect at the time this section takes 
     effect, or were final before the date of enactment of this 
     Act and are to become effective on or after the date of 
     enactment of this Act, shall continue in effect according to 
     their terms until modified, terminated, superseded, set 
     aside, or revoked in accordance with law by the President, 
     the Administrator, or other authorized official, a court of 
     competent jurisdiction, or by operation of law.
       (2) Proceedings not affected.--
       (A) In general.--This section shall not affect any 
     proceedings, including notices of proposed rulemaking, or any 
     application for any license, permit, certificate, or 
     financial assistance pending before the Office of Juvenile 
     Justice and Delinquency Prevention on the date on which this 
     section takes effect, with respect to functions transferred 
     by this section but such proceedings and applications shall 
     be continued.
       (B) Orders; appeals; payments.--Orders shall be issued in 
     such proceedings, appeals shall be taken therefrom, and 
     payments shall be made pursuant to such orders, as if this 
     section had not been enacted, and orders issued in any such 
     proceedings shall continue in effect until modified, 
     terminated, superseded, or revoked by a duly authorized 
     official, by a court of competent jurisdiction, or by 
     operation of law.
       (C) Discontinuance or modification.--Nothing in this 
     paragraph shall be construed to prohibit the discontinuance 
     or modification of any such proceeding under the same terms 
     and conditions and to the same extent that such proceeding 
     could have been discontinued or modified if this paragraph 
     had not been enacted.
       (3) Suits not affected.--This section shall not affect 
     suits commenced before the date of enactment of this Act, and 
     in all such suits, proceedings shall be had, appeals taken, 
     and judgments rendered in the same manner and with the same 
     effect as if this section had not been enacted.
       (4) Nonabatement of actions.--No suit, action, or other 
     proceeding commenced by or against the Office of Juvenile 
     Justice and Delinquency Prevention, or by or against any 
     individual in the official capacity of such individual as an 
     officer of the Office of Juvenile Justice and Delinquency 
     Prevention, shall abate by reason of the enactment of this 
     section.
       (5) Administrative actions relating to promulgation of 
     regulations.--Any administrative action relating to the 
     preparation or promulgation of a regulation by the Office of 
     Juvenile Justice and Delinquency Prevention relating to a 
     function transferred under this section may be continued, to 
     the extent authorized by this section, by the Office of 
     Juvenile Crime Control and Prevention with the same effect as 
     if this section had not been enacted.
       (6) Rule of construction.--Nothing in this subsection may 
     be construed to affect the authority under section 242A or 
     243 of the Juvenile Justice and Delinquency Prevention Act of 
     1974, as amended by this Act.
       (g) Transition.--The Administrator may utilize--
       (1) the services of such officers, employees, and other 
     personnel of the Office of Juvenile Justice and Delinquency 
     Prevention with respect to functions transferred to the 
     Office of Juvenile Crime Control and Prevention by this 
     section; and
       (2) amounts appropriated to such functions for such period 
     of time as may reasonably be needed to facilitate the orderly 
     implementation of this section.
       (h) References.--Reference in any other Federal law, 
     Executive order, rule, regulation, or delegation of 
     authority, or any document of or relating to--
       (1) the Administrator of the Office of Juvenile Justice and 
     Delinquency Prevention with regard to functions transferred 
     by operation of subsection (b), shall be considered to refer 
     to the Administrator of the Office of Juvenile Crime Control 
     and Prevention; and
       (2) the Office of Juvenile Justice and Delinquency 
     Prevention with regard to functions transferred by operation 
     of subsection (b), shall be considered to refer to the Office 
     of Juvenile Crime Control and Prevention.
       (i) Technical and Conforming Amendments.--
       (1) Section 5315 of title 5, United States Code, is amended 
     by striking ``Administrator, Office of Juvenile Justice and 
     Delinquency Prevention'' and inserting ``Administrator, 
     Office of Juvenile Crime Control and Prevention''.
       (2) Section 4351(b) of title 18, United States Code, is 
     amended by striking ``Office of Juvenile Justice and 
     Delinquency Prevention'' and inserting ``Office of Juvenile 
     Crime Control and Prevention''.
       (3) Subsections (a)(1) and (c) of section 3220 of title 39, 
     United States Code, are each amended by striking ``Office of 
     Juvenile Justice and Delinquency Prevention'' each place it 
     appears and inserting ``Office of Juvenile Crime Control and 
     Prevention''.
       (4) Section 463(f) of the Social Security Act (42 U.S.C. 
     663(f)) is amended by striking ``Office of Juvenile Justice 
     and Delinquency Prevention'' and inserting ``Office of 
     Juvenile Crime Control and Prevention''.
       (5) Sections 801(a), 804, 805, and 813 of title I of the 
     Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
     3712(a), 3782, 3785, 3786, 3789i) are amended by striking 
     ``Office of Juvenile Justice and Delinquency Prevention'' 
     each place it appears and inserting ``Office of Juvenile 
     Crime Control and Prevention''.
       (6) The Victims of Child Abuse Act of 1990 (42 U.S.C. 13001 
     et seq.) is amended--
       (A) in section 214(b)(1) by striking ``262, 293, and 296 of 
     subpart II of title II'' and inserting ``299B and 299E'';
       (B) in section 214A(c)(1) by striking ``262, 293, and 296 
     of subpart II of title II'' and inserting ``299B and 299E'';
       (C) in sections 217 and 222 by striking ``Office of 
     Juvenile Justice and Delinquency Prevention'' each place it 
     appears and inserting ``Office of Juvenile Crime Control and 
     Prevention''; and
       (D) in section 223(c) by striking ``section 262, 293, and 
     296'' and inserting ``sections 262, 299B, and 299E''.
       (7) The Missing Children's Assistance Act (42 U.S.C. 5771 
     et seq.) is amended--
       (A) in section 403(2) by striking ``Justice and Delinquency 
     Prevention'' and inserting ``Crime Control and Delinquency 
     Prevention''; and
       (B) in subsections (a)(5)(E) and (b)(1)(B) of section 404 
     by striking ``section 313'' and inserting ``section 331''.
       (8) The Crime Control Act of 1990 (42 U.S.C. 13001 et seq.) 
     is amended--
       (A) in section 217(c)(1) by striking ``sections 262, 293, 
     and 296 of subpart II of title II'' and inserting ``sections 
     299B and 299E''; and
       (B) in section 223(c) by striking ``section 262, 293, and 
     296 of title II'' and inserting ``sections 299B and 299E''.
       (j) References.--In any Federal law (excluding this Act and 
     the Acts amended by this Act), Executive order, rule, 
     regulation, order, delegation of authority, grant, contract, 
     suit, or document a reference to the Office of Juvenile 
     Justice and Delinquency Prevention shall be deemed to include 
     a reference to the Office of Juvenile Crime Control and 
     Prevention.
Subtitle B--Accountability for Juvenile Offenders and Public Protection 
                            Incentive Grants

     SEC. 321. BLOCK GRANT PROGRAM.

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

             ``PART R--JUVENILE ACCOUNTABILITY BLOCK GRANTS

     ``SEC. 1801. PROGRAM AUTHORIZED.

       ``(a) In General.--The Attorney General shall make, subject 
     to the availability of appropriations, grants to States for 
     use by States and units of local government 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 investigation, prosecution, and punishment 
     (including the imposition of graduated sanctions) of crimes 
     or acts of delinquency committed by juveniles, programs to 
     improve the administration of justice for and ensure 
     accountability by juvenile offenders, and programs to reduce 
     the risk factors (such as truancy, drug or alcohol use, and 
     gang involvement) associated with juvenile crime or 
     delinquency.
       ``(b) Use of Grants.--Grants under this section may be used 
     by States and units of local government--
       ``(1) for programs to enhance the identification, 
     investigation, prosecution, and punishment of juvenile 
     offenders, such as--
       ``(A) the utilization of graduated sanctions;
       ``(B) the utilization of short-term confinement of juvenile 
     offenders;
       ``(C) the incarceration of violent juvenile offenders for 
     extended periods of time;
       ``(D) the hiring of juvenile public defenders, juvenile 
     judges, juvenile probation officers, and juvenile 
     correctional officers to implement policies to control 
     juvenile crime and violence and ensure accountability of 
     juvenile offenders; and

[[Page 11050]]

       ``(E) the development and implementation of coordinated, 
     multi-agency systems for--
       ``(i) the comprehensive and coordinated booking, 
     identification, and assessment of juveniles arrested or 
     detained by law enforcement agencies, including the 
     utilization of multi-agency facilities such as juvenile 
     assessment centers; and
       ``(ii) the coordinated delivery of support services for 
     juveniles who have had or are at risk for contact with the 
     juvenile or criminal systems, including utilization of court-
     established local service delivery councils;
       ``(2) for programs that require juvenile offenders to make 
     restitution to the victims of offenses committed by those 
     juvenile offenders, including programs designed and operated 
     to further the goal of providing eligible offenders with an 
     alternative to adjudication that emphasizes restorative 
     justice;
       ``(3) for programs that require juvenile offenders to 
     attend and successfully complete school or vocational 
     training as part of a sentence imposed by a court;
       ``(4) for programs that require juvenile offenders who are 
     parents to demonstrate parental responsibility by working and 
     paying child support;
       ``(5) for programs that seek to curb or punish truancy;
       ``(6) for programs designed to collect, record, retain, and 
     disseminate information useful in the identification, 
     prosecution, and sentencing of juvenile offenders, such as 
     criminal history information, fingerprints, DNA tests, and 
     ballistics tests;
       ``(7) for the development and implementation of coordinated 
     multijurisdictional or multiagency programs for the 
     identification, control, supervision, prevention, 
     investigation, and treatment of the most serious juvenile 
     offenses and offenders, popularly known as a `SHOCAP Program' 
     (Serious Habitual Offenders Comprehensive Action Program);
       ``(8) for the development and implementation of coordinated 
     multijurisdictional or multiagency programs for the 
     identification, control, supervision, prevention, 
     investigation, and disruption of youth gangs;
       ``(9) for the construction or remodeling of short- and 
     long-term facilities for juvenile offenders;
       ``(10) for the development and implementation of 
     technology, equipment, training programs for juvenile crime 
     control, for law enforcement officers, judges, prosecutors, 
     probation officers, and other court personnel who are 
     employed by State and local governments, in furtherance of 
     the purposes identified in this section;
       ``(11) for partnerships between State educational agencies 
     and local educational agencies for the design and 
     implementation of character education and training programs 
     that incorporate the following elements of character: Caring, 
     citizenship, fairness, respect, responsibility and 
     trustworthiness;
       ``(12) for programs to seek to target, curb and punish 
     adults who knowingly and intentionally use a juvenile during 
     the commission or attempted commission of a crime, including 
     programs that specifically provide for additional punishments 
     or sentence enhancements for adults who knowingly and 
     intentionally use a juvenile during the commission or 
     attempted commission of a crime;
       ``(13) for juvenile prevention programs (including curfews, 
     youth organizations, anti-drug, and anti-alcohol programs, 
     anti-gang programs, and after school programs and 
     activities);
       ``(14) for juvenile drug and alcohol treatment programs;
       ``(15) for school counseling and other school-base 
     prevention programs;
       ``(16) for programs that drug test juveniles who are 
     arrested, including follow-up testings; and
       ``(17) for programs for--
       ``(A) providing cross-training, jointly with the public 
     mental health system, for State juvenile court judges, public 
     defenders, prosecutors, and mental health and substance abuse 
     agency representatives with respect to the appropriate use of 
     effective, community-based alternatives to juvenile justice 
     or mental health system institutional placements; or
       ``(B) providing training for State juvenile probation 
     officers and community mental health and substance abuse 
     program representatives on appropriate linkages between 
     probation programs and mental health community programs, 
     specifically focusing on the identification of mental 
     disorders and substance abuse addiction in juveniles on 
     probation, effective treatment interventions for those 
     disorders, and making appropriate contact with mental health 
     and substance abuse case managers and programs in the 
     community, in order to ensure that juveniles on probation 
     receive appropriate access to mental health and substance 
     abuse treatment programs and services.
       ``(c) Requirements.--To be eligible to receive an incentive 
     grant under this section, a State shall submit to the 
     Attorney General an application, in such form as shall be 
     prescribed by the Attorney General, which shall contain 
     assurances that, not later than 1 year after the date on 
     which the State submits such application--
       ``(1) the State has established or will establish a system 
     of graduated sanctions for juvenile offenders that ensures 
     appropriate sanctions, which are graduated to reflect the 
     severity or repeated nature of violations, for each act of 
     delinquency;
       ``(2) the State has established or will establish a policy 
     of drug testing (including followup testing) juvenile 
     offenders upon their arrest for any offense within an 
     appropriate category of offenses designated by the chief 
     executive officer of the State; and
       ``(3) the State has an established policy recognizing the 
     rights and needs of victims of crimes committed by juveniles.
       ``(d) Allocation and Distribution of State Grants.--
       ``(1) In general.--
       ``(A) State and local distribution.--Subject to 
     subparagraph (B), of amounts made available to the State, 30 
     percent may be retained by the State for use pursuant to 
     paragraph (2) and 70 percent shall be reserved by the State 
     for local distribution pursuant to paragraph (3).
       ``(B) Special rule.--The Attorney General may waive the 
     requirements of this paragraph with respect to any State in 
     which the criminal and juvenile justice services for 
     delinquent or other youth are organized primarily on a 
     statewide basis, in which case not more than 50 percent of 
     funds shall be made available to all units of local 
     government in that State pursuant to paragraph (3).
       ``(2) Other distribution.--Of amounts retained by the State 
     under paragraph (1)--
       ``(A) not less than 50 percent shall be designated for--
       ``(i) programs pursuant to paragraph (1) or (9) of 
     subsection (b), except that if the State designates any 
     amounts for purposes of construction or remodeling of short- 
     or long-term facilities pursuant to subsection (b)(9), such 
     amounts shall constitute not more than 50 percent of the 
     estimated construction or remodeling cost and that no funds 
     expended pursuant to this subparagraph may be used for the 
     incarceration of any offender who was more than 21 years of 
     age at the time of the offense, and no funds expended 
     pursuant to this subparagraph may be used for construction, 
     renovation, or expansion of facilities for such offenders, 
     except that funds may be used to construct juvenile 
     facilities collocated with adult facilities; or
       ``(ii) drug testing upon arrest for any offense within the 
     category of offenses designated pursuant to subsection 
     (c)(3), and intensive supervision thereafter pursuant to 
     programs under subsection (b)(7) and subsection (c)(3); and
       ``(B) not less than 25 percent shall be used for the 
     purposes set forth in paragraph (13), (14), or (15) of 
     subsection (b).
       ``(3) Local eligibility and distribution.--
       ``(A) In general.--
       ``(i) Local distribution subgrant eligibility.--To be 
     eligible to receive a subgrant, a unit of local government 
     shall provide such assurances to the State as the State shall 
     require, that, to the maximum extent applicable, the unit of 
     local government has laws or policies and programs that 
     comply with the eligibility requirements of subsection (c).
       ``(ii) Coordinated local effort.--Prior to receiving a 
     grant under this section, a unit of local government shall 
     certify that it has or will establish a coordinated 
     enforcement plan for reducing juvenile crime within the 
     jurisdiction of the unit of local government, developed by a 
     juvenile crime enforcement coalition, such coalition 
     consisting of individuals within the jurisdiction 
     representing the police, sheriff, prosecutor, State or local 
     probation services, juvenile court, schools, business, and 
     religious affiliated, fraternal, nonprofit, or social service 
     organizations involved in crime prevention.
       ``(B) Special rule.--The requirements of subparagraph (A) 
     shall apply to an eligible unit that receives funds from the 
     Attorney General under subparagraph (H), except that 
     information that would otherwise be submitted to the State 
     shall be submitted to the Attorney General.
       ``(C) Local distribution.--From amounts reserved for local 
     distribution under paragraph (1), the State shall allocate to 
     such units of local government an amount that bears the same 
     ratio to the aggregate amount of such funds as--
       ``(i) the sum of--

       ``(I) the product of--

       ``(aa) two-thirds; multiplied by
       ``(bb) the average law enforcement expenditure for such 
     unit of local government for the 3 most recent calendar years 
     for which such data is available; plus

       ``(II) the product of--

       ``(aa) one-third; multiplied by
       ``(bb) 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--
       ``(ii) the sum of the products determined under 
     subparagraph (A) for all such units of local government in 
     the State.
       ``(D) Expenditures.--The allocation any unit of local 
     government shall receive under paragraph (1) for a payment 
     period shall not exceed 100 percent of law enforcement 
     expenditures of the unit for such payment period.
       ``(E) Reallocation.--The amount of any unit of local 
     government's allocation that is not available to such unit by 
     operation of paragraph (2) shall be available to other

[[Page 11051]]

     units of local government that are not affected by such 
     operation in accordance with this subsection.
       ``(F) Unavailability of data for units of local 
     government.--If the State has reason to believe that the 
     reported rate of part 1 violent crimes or law enforcement 
     expenditure for a unit of local government is insufficient or 
     inaccurate, the State shall--
       ``(i) investigate the methodology used by the unit to 
     determine the accuracy of the submitted data; and
       ``(ii) if necessary, use the best available comparable data 
     regarding the number of violent crimes or law enforcement 
     expenditure for the relevant years for the unit of local 
     government.
       ``(G) Local government with allocations less than $5,000.--
     If, under this section, a unit of local government is 
     allocated less than $5,000 for a payment period, the amount 
     allocated 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.
       ``(H) Direct grants to eligible units.--
       ``(i) In general.--If a State does not qualify or apply for 
     a grant under this section, by the application deadline 
     established by the Attorney General, the Attorney General 
     shall reserve not more than 70 percent of the allocation that 
     the State would have received for grants under this section 
     under subsection (e) for such fiscal year to provide grants 
     to eligible units that meet the requirements for funding 
     under subparagraph (A).
       ``(ii) Award basis.--In addition to the qualification 
     requirements for direct grants for eligible units the 
     Attorney General may use the average amount allocated by the 
     States to like governmental units as a basis for awarding 
     grants under this section.
       ``(I) Allocation by units of local government.--Of the 
     total amount made available under this section to a unit of 
     local government for a fiscal year, not less than 25 percent 
     shall be used for the purposes set forth in paragraph (13), 
     (14), or (15) of subsection (b), and not less than 50 percent 
     shall be designated for--
       ``(i) paragraph (1) or (9) of subsection (b), except that, 
     if amounts are allocated for purposes of construction or 
     remodeling of short- or long-term facilities pursuant to 
     subsection (b)(9)--

       ``(I) the unit of local government shall coordinate such 
     expenditures with similar State expenditures;
       ``(II) Federal funds shall constitute not more than 50 
     percent of the estimated construction or remodeling cost; and
       ``(III) no funds expended pursuant to this clause may be 
     used for the incarceration of any offender who was more than 
     21 years of age at the time of the offense or for 
     construction, renovation, or expansion of facilities for such 
     offenders, except that funds may be used to construct 
     juvenile facilities collocated with adult facilities, 
     including separate buildings for juveniles and separate 
     juvenile wings, cells, or areas collocated within an adult 
     jail or lockup; or

       ``(ii) drug testing upon arrest for any offense within the 
     category of offenses designated pursuant to subsection 
     (c)(3), and intensive supervision thereafter pursuant to 
     programs under subsection (b)(7) and subsection (c)(3).
       ``(4) Nonsupplantation.--Amounts made available under this 
     section to the States (or units of local government in the 
     State) shall not be used to supplant State or local funds (or 
     in the case of Indian tribal governments, to supplant amounts 
     provided by the Bureau of Indian Affairs) but shall be used 
     to increase the amount of funds that would in the absence of 
     amounts received under this section, be made available from a 
     State or local source, or in the case of Indian tribal 
     governments, from amounts provided by the Bureau of Indian 
     Affairs.
       ``(e) Allocation of Grants Among Qualifying States; 
     Restrictions on Use.--
       ``(1) Allocation.--Amounts made available under this 
     section shall be allocated as follows:
       ``(A) 0.5 percent shall be allocated to each eligible 
     State.
       ``(B) The amount remaining after the allocation under 
     subparagraph (A) shall be allocated proportionately based on 
     the population that is less than 18 years of age in the 
     eligible States.
       ``(2) Restrictions on Use.--Amounts made available under 
     this section shall be subject to the restrictions of 
     subsections (a) and (b) of section 292 of the Juvenile 
     Justice and Delinquency Prevention Act of 1974, except that 
     the penalties in section 292(c) of such Act do not apply.
       ``(f) Grants to Indian Tribes.--
       ``(1) Reservation of funds.--Notwithstanding any other 
     provision of law, from the amounts appropriated pursuant to 
     section 291 of the Juvenile Justice and Delinquency 
     Prevention Act of 1974, for each fiscal year, the Attorney 
     General shall reserve an amount equal to the amount to which 
     all Indian tribes eligible to receive a grant under paragraph 
     (3) would collectively be entitled, if such tribes were 
     collectively treated as a State to carry out this subsection.
       ``(2) Grants to indian tribes.--From the amounts reserved 
     under paragraph (1), the Attorney General shall make grants 
     to Indian tribes for programs pursuant to the permissible 
     purposes under section 1801.
       ``(3) Applications.--To be eligible to receive a grant 
     under this subsection, an Indian tribe shall submit to the 
     Attorney General an application in such form and containing 
     such information as the Attorney General may by regulation 
     require. The requirements of subsection (c) apply to grants 
     under this subsection.

     ``SEC. 1802. JUVENILE CRIMINAL HISTORY GRANTS.

       ``(a) In General.--The Attorney General, through the 
     Director of the Bureau of Justice Statistics and with 
     consultation and coordination with the Office of Justice 
     Programs and the Attorney General, upon application from a 
     State (in such form and containing such information as the 
     Attorney General may reasonably require) shall make a grant 
     to each eligible State to be used by the State exclusively 
     for purposes of meeting the eligibility requirements of 
     subsection (b).
       ``(b) Eligibility.--A State is eligible for a grant under 
     subsection (a) if its application provides assurances that, 
     not later than 3 years after the date on which such 
     application is submitted, the State will--
       ``(1) maintain, at the adult State central repository in 
     accordance with the State's established practices and 
     policies relating to adult criminal history records--
       ``(A) a fingerprint supported record of the adjudication of 
     delinquency of any juvenile who commits an act that, if 
     committed by an adult, would constitute the offense of 
     murder, armed robbery, rape (except statutory rape), or a 
     felony offense involving sexual molestation of a child, or a 
     conspiracy or attempt to commit any such offense (all as 
     defined by State law), that is equivalent to, and maintained 
     and disseminated in the same manner and for the same purposes 
     as are adult criminal history records for the same offenses, 
     except that the record may include a notation of expungement 
     pursuant to State law; and
       ``(B) a fingerprint supported record of the adjudication of 
     delinquency of any juvenile who commits an act that, if 
     committed by an adult, would be a felony other than a felony 
     described in subparagraph (A) that is equivalent to, and 
     maintained and disseminated in the same manner for any 
     criminal justice purpose as are adult criminal history 
     records for the same offenses, except that the record may 
     include a notation of expungement pursuant to State law; and
       ``(2) will establish procedures by which an official of an 
     elementary, secondary, and post-secondary school may, in 
     appropriate circumstances (as defined by applicable State 
     law), gain access to the juvenile adjudication record of a 
     student enrolled at the school, or a juvenile who seeks, 
     intends, or is instructed to enroll at that school, if--
       ``(A) the official is subject to the same standards and 
     penalties under applicable Federal and State law relating to 
     the handling and disclosure of information contained in 
     juvenile adjudication records as are employees of law 
     enforcement and juvenile justice agencies in the State; and
       ``(B) information contained in the juvenile adjudication 
     record may not be used for the purpose of making an admission 
     determination.
       ``(c) Validity of Certain Judgments.--Nothing in this 
     section shall require States, in order to qualify for grants 
     under this title, to modify laws concerning the status of any 
     adjudication of juvenile delinquency or judgment of 
     conviction under the law of the State that entered the 
     judgment.
       ``(d) Definitions.--In this section--
       ``(1) the term `criminal justice purpose' means the use by 
     and within the criminal justice system for the detection, 
     apprehension, detention, pretrial release, post-trial 
     release, prosecution, adjudication, sentencing, disposition, 
     correctional supervision, or rehabilitation of accused 
     persons, criminal offenders, or juvenile delinquents; and
       ``(2) the term `expungement' means the nullification of the 
     legal effect of the conviction or adjudication to which the 
     record applies.

     ``SEC. 1803. GRANTS TO COURTS FOR STATE JUVENILE JUSTICE 
                   SYSTEMS.

       ``(a) In General.--The Attorney General may make grants in 
     accordance with this section to States and units of local 
     government to assist State and local courts with juvenile 
     offender dockets.
       ``(b) Grant Purposes.--Grants under this section may be 
     used--
       ``(1) for technology, equipment, and training for judges, 
     probation officers, and other court personnel to implement an 
     accountability-based juvenile justice system that provides 
     substantial and appropriate sanctions that are graduated in 
     such manner as to reflect (for each delinquent act or 
     criminal offense) the severity or repeated nature of that act 
     or offense;
       ``(2) to hire additional judges, probation officers, other 
     necessary court personnel, victims counselors, and public 
     defenders for juvenile courts or adult courts with juvenile 
     offender dockets, including courts with specialized juvenile 
     drug offense or juvenile firearms offense dockets to reduce 
     juvenile

[[Page 11052]]

     court backlogs, and provide additional services to make more 
     effective systems of graduated sanctions designed to reduce 
     recidivism and deter future crimes or delinquent acts by 
     juvenile offenders;
       ``(3) to provide funding to enable juvenile courts and 
     juvenile probation officers to address drug, gang, and youth 
     violence problems more effectively; and
       ``(4) to provide funds to--
       ``(A) effectively supervise and monitor juvenile offenders 
     sentenced to probation or parole; and
       ``(B) enforce conditions of probation and parole imposed on 
     juvenile offenders, including drug testing and payment of 
     restitution.
       ``(c) Application.--
       ``(1) In general.--Each State or unit of local government 
     that applies for a grant under this section shall submit an 
     application to the Attorney General, in such form and 
     containing such information as the Attorney General may 
     reasonably require.
       ``(2) Requirements.--In submitting an application for a 
     grant under this part, a State or unit of local government 
     shall provide assurances that the State or unit of local 
     government will--
       ``(A) give priority to the prosecution of violent juvenile 
     offenders;
       ``(B) seek to reduce any backlogs in juvenile justice cases 
     and provide additional services to make more effective 
     systems of graduated sanctions designed to reduce recidivism 
     and deter future crimes or delinquent acts by juvenile 
     offenders;
       ``(C) give adequate consideration to the rights and needs 
     of victims of juvenile offenders; and
       ``(D) use amounts received under this section to supplement 
     (and not supplant) State and local resources.
       ``(d) Allocation of Grants.--
       ``(1) In general.--
       ``(A) Allocation to states.--
       ``(i) In general.--In awarding grants under this part, the 
     Attorney General may award grants provided for a State 
     (including units of local government in that State) an 
     aggregate amount equal to 0.75 percent of the amount made 
     available to the Attorney General by appropriations for this 
     section made pursuant to section 291(b)(1) of the Juvenile 
     Justice and Delinquency Prevention Act of 1974 (reduced by 
     amounts reserved under subsection (e)).
       ``(ii) Adjustment.--If the Attorney General determines that 
     an insufficient number of applications have been submitted 
     for a State, the Attorney General may adjust the aggregate 
     amount awarded for a State under clause (i).
       ``(B) Remaining amounts.--Of the adjusted amounts available 
     to the Attorney General to carry out the grant program under 
     this section referred to in subparagraph (A) that remain 
     after the Attorney General distributes the amounts specified 
     in that subparagraph (referred to in this subparagraph as the 
     `remaining amount') the Attorney General may award an 
     additional aggregate amount to each State (including any 
     political subdivision thereof) that (or with respect to which 
     a political subdivision thereof) submits an application that 
     is approved by the Attorney General under this section that 
     bears the same ratio to the remaining amount as the 
     population of juveniles residing in that State bears to the 
     population of juveniles residing in all States.
       ``(2) Equitable distribution.--The Attorney General shall 
     ensure that the distribution of grant amounts made available 
     for a State (including units of local government in that 
     State) under this section is made on an equitable geographic 
     basis, to ensure that--
       ``(A) an equitable amount of available funds are directed 
     to rural areas, including those jurisdictions serving smaller 
     urban and rural communities located along interstate 
     transportation routes that are adversely affected by 
     interstate criminal gang activity, such as illegal drug 
     trafficking; and
       ``(B) the amount allocated to a State is equitably divided 
     between the State, counties, and other units of local 
     government to reflect the relative responsibilities of each 
     such unit of local government.
       ``(e) Administration; Technical Assistance.--
       ``(1) In general.--The Attorney General may reserve for 
     each fiscal year not more than 2 percent of amounts 
     appropriated for this section pursuant to section 291(b)(1) 
     of the Juvenile Justice and Delinquency Prevention Act of 
     1974--
       ``(A) for the administration of this section; and
       ``(B) for the provision of technical assistance to 
     recipients of or applicants for grant awards under this 
     section.
       ``(2) Carryover provision.--Any amounts reserved for any 
     fiscal year pursuant to paragraph (1) that are not expended 
     during that fiscal year shall remain available until 
     expended, except that any amount reserved under this 
     subsection for the succeeding fiscal year from amounts made 
     available by appropriations shall be reduced by an amount 
     equal to the amount that remains available.
       ``(f) Availability of Funds.--Any grant amounts awarded 
     under this section shall remain available until expended.''.

     SEC. 322. PILOT PROGRAM TO PROMOTE REPLICATION OF RECENT 
                   SUCCESSFUL JUVENILE CRIME REDUCTION STRATEGIES.

       (a) Pilot Program To Promote Replication of Recent 
     Successful Juvenile Crime Reduction Strategies.--
       (1) Establishment.--The Attorney General (or a designee of 
     the Attorney General), in conjunction with the Secretary of 
     the Treasury (or the designee of the Secretary), shall 
     establish a pilot program (referred to in this section as the 
     ``program'') to encourage and support communities that adopt 
     a comprehensive approach to suppressing and preventing 
     violent juvenile crime patterned after successful State 
     juvenile crime reduction strategies.
       (2) Program.--In carrying out the program, the Attorney 
     General shall--
       (A) make and track grants to grant recipients (referred to 
     in this section as ``coalitions'');
       (B) in conjunction with the Secretary of the Treasury, 
     provide for technical assistance and training, data 
     collection, and dissemination of relevant information; and
       (C) provide for the general administration of the program.
       (3) Administration.--Not later than 30 days after the date 
     of enactment of this Act, the Attorney General shall appoint 
     or designate an Administrator (referred to in this section as 
     the ``Administrator'') to carry out the program.
       (4) Program authorization.--To be eligible to receive an 
     initial grant or a renewal grant under this section, a 
     coalition shall meet each of the following criteria:
       (A) Composition.--The coalition shall consist of 1 or more 
     representatives of--
       (i) the local police department or sheriff's department;
       (ii) the local prosecutors' office;
       (iii) the United States Attorney's office;
       (iv) the Federal Bureau of Investigation;
       (v) the Bureau of Alcohol, Tobacco and Firearms;
       (vi) State or local probation officers;
       (vii) religious affiliated or fraternal organizations 
     involved in crime prevention;
       (viii) schools;
       (ix) parents or local grass roots organizations such as 
     neighborhood watch groups;
       (x) local recreation agencies; and
       (xi) social service agencies involved in crime prevention.
       (B) Other participants.--If possible, in addition to the 
     representatives from the categories listed in subparagraph 
     (A), the coalition shall include--
       (i) representatives from the business community; and
       (ii) researchers who have studied criminal justice and can 
     offer technical or other assistance.
       (C) Coordinated strategy.--A coalition shall submit to the 
     Attorney General, or the Attorney General's designee, a 
     comprehensive plan for reducing violent juvenile crime. To be 
     eligible for consideration, a plan shall--
       (i) ensure close collaboration among all members of the 
     coalition in suppressing and preventing juvenile crime;
       (ii) place heavy emphasis on coordinated enforcement 
     initiatives, such as Federal and State programs that 
     coordinate local police departments, prosecutors, and local 
     community leaders to focus on the suppression of violent 
     juvenile crime involving gangs;
       (iii) ensure that there is close collaboration between 
     police and probation officers in the supervision of juvenile 
     offenders, such as initiatives that coordinate the efforts of 
     parents, school officials, and police and probation officers 
     to patrol the streets and make home visits to ensure that 
     offenders comply with the terms of their probation;
       (iv) ensure that a program is in place to trace all 
     firearms seized from crime scenes or offenders in an effort 
     to identify illegal gun traffickers; and
       (v) ensure that effective crime prevention programs are in 
     place, such as programs that provide after-school safe havens 
     and other opportunities for at-risk youth to escape or avoid 
     gang or other criminal activity, and to reduce recidivism.
       (D) Accountability.--A coalition shall--
       (i) establish a system to measure and report outcomes 
     consistent with common indicators and evaluation protocols 
     established by the Administrator and that receives the 
     approval of the Administrator; and
       (ii) devise a detailed model for measuring and evaluating 
     the success of the plan of the coalition in reducing violent 
     juvenile crime, and provide assurances that the plan will be 
     evaluated on a regular basis to assess progress in reducing 
     violent juvenile crime.
       (5) Grant amounts.--
       (A) In general.--The Administrator may grant to an eligible 
     coalition under this paragraph, an amount not to exceed the 
     amount of non-Federal funds raised by the coalition, 
     including in-kind contributions, for that fiscal year.
       (B) Nonsupplanting requirement.--A coalition seeking funds 
     shall provide reasonable assurances that funds made available 
     under this program to States or units of local government 
     shall be so used as to supplement and increase (but not 
     supplant) the level of the State, local, and other non-
     Federal funds that would in the absence of such Federal funds 
     be made available for programs described in this section, and 
     shall in no event replace such State, local, or other non-
     Federal funds.

[[Page 11053]]

       (C) Suspension of grants.--If a coalition fails to continue 
     to meet the criteria set forth in this section, the 
     Administrator may suspend the grant, after providing written 
     notice to the grant recipient and an opportunity to appeal.
       (D) Renewal grants.--Subject to subparagraph (D), the 
     Administrator may award a renewal grant to grant recipient 
     under this subparagraph for each fiscal year following the 
     fiscal year for which an initial grant is awarded, in an 
     amount not to exceed the amount of non-Federal funds raised 
     by the coalition, including in-kind contributions, for that 
     fiscal year, during the 4-year period following the period of 
     the initial grant.
       (E) Limitation.--The amount of a grant award under this 
     section may not exceed $300,000 for a fiscal year.
       (6) Permitted use of funds.--A coalition receiving funds 
     under this section may expend such Federal funds on any use 
     or program that is contained in the plan submitted to the 
     Administrator.
       (7) Congressional consultation.--
       (A) In general.--Two years after the date of implementation 
     of the program established in this section, the Comptroller 
     General of the United States shall submit to Congress a 
     report reviewing the effectiveness of the program in 
     suppressing and reducing violent juvenile crime in the 
     participating communities.
       (B) Contents of report.--The report submitted under 
     subparagraph (A) shall include--
       (i) an analysis of each community participating in the 
     program, along with information regarding the plan undertaken 
     in the community, and the effectiveness of the plan in 
     reducing violent juvenile crime; and
       (ii) recommendations regarding the efficacy of continuing 
     the program.
       (b) Information Collection and Dissemination With Respect 
     to Coalitions.--
       (1) Coalition information.--For the purpose of audit and 
     examination, the Attorney General--
       (A) shall have access to any books, documents, papers, and 
     records that are pertinent to any grant or grant renewal 
     request under this section; and
       (B) may periodically request information from a coalition 
     to ensure that the coalition meets the applicable criteria.
       (2) Reporting.--The Attorney General shall, to the maximum 
     extent practicable and in a manner consistent with applicable 
     law, minimize reporting requirements by a coalition and 
     expedite any application for a renewal grant made under this 
     section.
       (c) Authorization of Appropriations.--
       (1) In general.--There is authorized to be appropriated to 
     carry out this section $3,000,000 for each of fiscal years 
     2000 through 2003.
       (2) Source of sums.--Amounts authorized to be appropriated 
     pursuant to this subsection may be derived from the Violent 
     Crime Reduction Trust Fund.

     SEC. 323. REPEAL OF UNNECESSARY AND DUPLICATIVE PROGRAMS.

       (a) Violent Crime Control and Law Enforcement Act of 
     1994.--
       (1) Title iii.--Title III of the Violent Crime Control and 
     Law Enforcement Act of 1994 (42 U.S.C. 13741 et seq.) is 
     amended by striking subtitles A through C, and subtitles G 
     through S.
       (2) Title xxvii.--Title XXVII of the Violent Crime Control 
     and Law Enforcement Act of 1994 (42 U.S.C. 14191 et seq.) is 
     repealed.
       (b) Reform of GREAT Program.--Section 32401(a) of the 
     Violent Crime Control and Law Enforcement Act of 1994 (42 
     U.S.C. 13921(a)) is amended--
       (1) by striking paragraph (2) and inserting the following:
       ``(2) Selection of communities.--
       ``(A) In general.--Each community identified for a GREAT 
     project referred to in paragraph (1) shall be selected by the 
     Secretary of the Treasury on the basis of--
       ``(i) the level of gang activity and youth violence in the 
     area in which the community is located;
       ``(ii) the number of schools in the community in which 
     training would be provided under the project;
       ``(iii) the number of students who would receive the 
     training referred to in clause (ii) in schools referred to in 
     that clause; and
       ``(iv) a written description from officials of the 
     community explaining the manner in which funds made available 
     to the community under this section would be allocated.
       ``(B) Equitable selection.--The Secretary of the Treasury 
     shall ensure that--
       ``(i) communities are identified and selected for GREAT 
     projects under this subsection on an equitable geographic 
     basis (except that this clause shall not be construed to 
     require the termination of any projects selected prior to the 
     beginning of fiscal year 1999); and
       ``(ii) the communities referred to in clause (i) include 
     rural communities.''; and
       (2) in paragraph (3)--
       (A) in subparagraph (A), by striking ``50 percent'' and 
     inserting ``85 percent''; and
       (B) in subparagraph (B), by striking ``50 percent'' and 
     inserting ``15 percent''.

     SEC. 324. 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 2001, $6,025,000,000;
       ``(2) for fiscal year 2002, $6,169,000,000;
       ``(3) for fiscal year 2003, $6,316,000,000;
       ``(4) for fiscal year 2004, $6,458,000,000; and
       ``(5) for fiscal year 2005, $6,616,000,000.''.
       (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 2001--
       ``(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 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: 
     $6,169,000,000 in new budget authority and $6,020,000,000 in 
     outlays; and
       ``(3) 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: 
     $6,316,000,000 in new budget authority and $6,161,000,000 in 
     outlays;
       ``(4) 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: $6,458,000 
     in new budget authority and $6,303,000,000 in outlays; and
       ``(5) 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: $6,616,000 
     in new budget authority and $6,452,000,000 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.''.

     SEC. 325. REIMBURSEMENT OF STATES FOR COSTS OF INCARCERATING 
                   JUVENILE ALIENS.

       (a) In General.--Section 501 of the Immigration Reform and 
     Control Act of 1986 (8 U.S.C. 1365) is amended--
       (1) in subsection (a), by inserting ``or illegal juvenile 
     alien who has been adjudicated delinquent and committed to a 
     juvenile correctional facility by such State or locality'' 
     before the period;
       (2) in subsection (b), by inserting ``(including any 
     juvenile alien who has been adjudicated delinquent and has 
     been committed to a correctional facility)'' before ``who is 
     in the United States unlawfully''; and
       (3) by adding at the end the following:
       ``(f) Juvenile Alien Defined.--In this section, the term 
     `juvenile alien' means an alien (as defined in section 
     101(a)(3) of the Immigration and Nationality Act) who has 
     been adjudicated delinquent and committed to a correctional 
     facility by a State or locality as a juvenile offender.''.
       (b) Annual Report.--Section 332 of the Illegal Immigration 
     Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 
     1366) is amended--
       (1) by striking ``and'' at the end of paragraph (3);
       (2) by striking the period at the end of paragraph (4) and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(5) the number of illegal juvenile aliens that are 
     committed to State or local juvenile correctional facilities, 
     including the type of offense committed by each juvenile.''.
       (c) Conforming Amendment.--Section 241(i)(3)(B) of the 
     Immigration and Nationality Act (8 U.S.C. 1231(i)(3)(B)) is 
     amended--
       (1) by striking ``or'' at the end of clause (ii);
       (2) by striking the period at the end of clause (iii) and 
     inserting ``; or''; and
       (3) by adding at the end the following:
       ``(iv) is a juvenile alien with respect to whom section 501 
     of the Immigration Reform and Control Act of 1986 applies.''.

[[Page 11054]]


      Subtitle C--Alternative Education and Delinquency Prevention

     SEC. 331. ALTERNATIVE EDUCATION.

       Part D of title I of the Elementary and Secondary Education 
     Act of 1965 (20 U.S.C. 6421 et seq.) is amended by adding at 
     the end the following:

    ``Subpart 4--Alternative Education Demonstration Project Grants

     ``SEC. 1441. PROGRAM AUTHORITY.

       ``(a) Grants.--
       ``(1) In general.--From amounts appropriated under section 
     1443, the Secretary, in consultation with the Administrator, 
     shall make grants to State educational agencies or local 
     educational agencies for not less than 10 demonstration 
     projects that enable the agencies to develop models for and 
     carry out alternative education for at-risk youth.
       ``(2) Construction.--Nothing in this subpart shall be 
     construed to affect the requirements of the Individuals with 
     Disabilities Education Act.
       ``(b) Demonstration Projects.--
       ``(1) Partnerships.--Each agency receiving a grant under 
     this subpart may enter into a partnership with a private 
     sector entity to provide alternative educational services to 
     at-risk youth.
       ``(2) Requirements.--Each demonstration project assisted 
     under this subpart shall--
       ``(A) accept for alternative education at-risk or 
     delinquent youth who are referred by a local school or by a 
     court with a juvenile delinquency docket and who--
       ``(i) have demonstrated a pattern of serious and persistent 
     behavior problems in regular schools;
       ``(ii) are at risk of dropping out of school;
       ``(iii) have been convicted of a criminal offense or 
     adjudicated delinquent for an act of juvenile delinquency, 
     and are under a court's supervision; or
       ``(iv) have demonstrated that continued enrollment in a 
     regular classroom--

       ``(I) poses a physical threat to other students; or
       ``(II) inhibits an atmosphere conducive to learning; and

       ``(B) provide for accelerated learning, in a safe, secure, 
     and disciplined environment, including--
       ``(i) basic curriculum focused on mastery of essential 
     skills, including targeted instruction in basic skills 
     required for secondary school graduation; and
       ``(ii) emphasis on--

       ``(I) personal, academic, social, and workplace skills; and
       ``(II) behavior modification.

       ``(c) Applicability.--Except as provided in subsections (c) 
     and (e) of section 1442, the provisions of section 1401(c), 
     1402, and 1431, and subparts 1 and 2, shall not apply to this 
     subpart.
       ``(d) Definition of Administrator.--In this subpart, the 
     term `Administrator' means the Administrator of the Office of 
     Juvenile Crime Control and Prevention of the Department of 
     Justice.

     ``SEC. 1442. APPLICATIONS; GRANTEE SELECTION.

       ``(a) Applications.--Each State educational agency and 
     local educational agency seeking a grant under this subpart 
     shall submit an application in such form, and containing such 
     information, as the Secretary, in consultation with the 
     Administrator, may reasonably require.
       ``(b) Selection of Grantees.--
       ``(1) In general.--The Secretary shall select State 
     educational agencies and local educational agencies to 
     receive grants under this subpart on an equitable geographic 
     basis, including selecting agencies that serve urban, 
     suburban, and rural populations.
       ``(2) Minimum.--The Secretary shall award a grant under 
     this subpart to not less than 1 agency serving a population 
     with a significant percentage of Native Americans.
       ``(3) Priority.--In awarding grants under this subpart, the 
     Secretary may give priority to State educational agencies and 
     local educational agencies that demonstrate in the 
     application submitted under subsection (a) that the State has 
     a policy of equitably distributing resources among school 
     districts in the State.
       ``(c) Qualifications.--To qualify for a grant under this 
     subpart, a State educational agency or local educational 
     agency shall--
       ``(1) in the case of a State educational agency, have 
     submitted a State plan under section 1414(a) that is approved 
     by the Secretary;
       ``(2) in the case of a local educational agency, have 
     submitted an application under section 1423 that is approved 
     by the State educational agency;
       ``(3) certify that the agency will comply with the 
     restrictions of section 292 of the Juvenile Justice and 
     Delinquency Prevention Act of 1974;
       ``(4) explain the educational and juvenile justice needs of 
     the community to be addressed by the demonstration project;
       ``(5) provide a detailed plan to implement the 
     demonstration project; and
       ``(6) provide assurances and an explanation of the agency's 
     ability to continue the program funded by the demonstration 
     project after the termination of Federal funding under this 
     subpart.
       ``(d) Matching Requirement.--
       ``(1) In general.--Grant funds provided under this subpart 
     shall not constitute more than 35 percent of the cost of the 
     demonstration project funded.
       ``(2) Source of funds.--Matching funds for grants under 
     this subpart may be derived from amounts available under 
     section 205, or part B of title II, of the Juvenile Justice 
     and Delinquency Prevention Act of 1974 (42 U.S.C. 5611 et 
     seq.) to the State in which the demonstration project will be 
     carried out, except that the total share of funds derived 
     from Federal sources shall not exceed 50 percent of the cost 
     of the demonstration project.
       ``(e) Program Evaluation.--
       ``(1) In general.--Each State educational agency or local 
     educational agency that receives a grant under this subpart 
     shall evaluate the demonstration project assisted under this 
     subpart in the same manner as programs are evaluated under 
     section 1431. In addition, the evaluation shall include--
       ``(A) an evaluation of the effect of the alternative 
     education project on order, discipline, and an effective 
     learning environment in regular classrooms;
       ``(B) an evaluation of the project's effectiveness in 
     improving the skills and abilities of at-risk students 
     assigned to alternative education, including an analysis of 
     the academic and social progress of such students; and
       ``(C) an evaluation of the project's effectiveness in 
     reducing juvenile crime and delinquency, including--
       ``(i) reductions in incidents of campus crime in relevant 
     school districts, compared with school districts not included 
     in the project; and
       ``(ii) reductions in recidivism by at-risk students who 
     have juvenile justice system involvement and are assigned to 
     alternative education.
       ``(2) Evaluation by the secretary.--The Secretary, in 
     cooperation with the Administrator, shall comparatively 
     evaluate each of the demonstration projects funded under this 
     subpart, including an evaluation of the effectiveness of 
     private sector educational services, and shall report the 
     findings of the evaluation to the Committee on Education and 
     the Workforce of the House of Representatives and the 
     Committees on the Judiciary and Health, Education, Labor and 
     Pensions of the Senate not later than June 30, 2005.

     ``SEC. 1443. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out this 
     subpart $15,000,000 for each of fiscal years 2000, 2001, 
     2002, and 2003.''.
                  Subtitle D--Parenting as Prevention

     SEC. 341. SHORT TITLE.

       This subtitle shall be cited as the ``Parenting as 
     Prevention Act''.

     SEC. 342. ESTABLISHMENT OF PROGRAM.

       The Secretary of Health and Human Services, in consultation 
     with the Attorney General, the Secretary of Education, the 
     Secretary of Housing and Urban Development, the Secretary of 
     Labor, the Secretary of Agriculture, and the Secretary of 
     Defense shall establish a parenting support and education 
     program as provided in sections 343, 344, and 345.

     SEC. 343. NATIONAL PARENTING SUPPORT AND EDUCATION 
                   COMMISSION.

       (a) Establish Commission.--The Secretary of Health and 
     Human Services shall establish a National Parenting Support 
     and Education Commission (hereinafter referred to as the 
     ``Commission'') to identify the best practices for parenting 
     and to provide practical parenting advice for parents and 
     caregivers based on the best available research data. She 
     shall provide the Commission with necessary staff and other 
     resources to fulfill its duties.
       (b) Membership of Commission.--The Secretary shall appoint 
     the Commission after consultation with the cabinet members 
     identified in section 342. The Commission shall consist of 
     the following members--
       (1) an adolescent representative;
       (2) a parent representative;
       (3) an expert in brain research;
       (4) experts in child development, youth development, early 
     childhood education, primary education, and secondary 
     education;
       (5) an expert in children's mental health;
       (6) an expert on children's health and nutrition;
       (7) an expert on child abuse prevention, diagnosis, and 
     treatment;
       (8) a representative of parenting support programs;
       (9) a representative of parenting education;
       (10) a representative from law enforcement;
       (11) an expert on firearm safety programs;
       (12) a representative from a nonprofit organization that 
     delivers services to children and their families which may 
     include a faith based organization; and
       (13) such other representatives as the Secretary deems 
     necessary.
       (c) Duties of Commission.--The Commission shall--
       (1) identify best parenting practices for parents and 
     caregivers of young children on topics including but not 
     limited to brain stimulation, developing healthy attachments 
     and social relationships, anger management and conflict 
     resolution, character development, discipline, controlling 
     access to television and other entertainment including 
     computers, firearms safety, mental

[[Page 11055]]

     health, health care and nutrition including breastfeeding, 
     encouraging reading and lifelong learning habits, and 
     recognition and treatment of developmental and behavioral 
     problems;
       (2) identify best parenting practices of adolescents and 
     pre-adolescents on topics including but not limited to 
     methods of addressing peer pressure with respect to underage 
     drinking, sexual relations, illegal drug use, and other 
     negative behavior; developing healthy social and family 
     relationships; exercising discipline; controlling access to 
     television and other entertainment including computers, video 
     games, and movies; firearm safety; encouraging success in 
     school; and other issues of concern to parents of 
     adolescents;
       (3) identify best parenting practices and resources 
     available for parents and caregivers of children with special 
     needs including fetal alcohol syndrome, fetal alcohol effect, 
     mental illness, autism, retardation, learning disabilities, 
     behavioral disorders, chronic illness, and physical 
     disabilities; and
       (4) review existing parenting support and education 
     programs and the data evaluating them and make 
     recommendations to the Secretary and the Congress on which 
     are most effective and should receive Federal support within 
     18 months of appointment.
       (d) Public Hearings and Testimony.--The Commission shall 
     conduct four public hearings, shall solicit and receive 
     testimony from national experts and national organizations, 
     shall conduct a comprehensive review of academic and other 
     research literature, and shall seek information from the 
     Governors on existing brain development and parenting 
     programs which have been most successful.
       (e) Publication of Materials.--If not otherwise available, 
     the Commission shall prepare materials which may include 
     written material, videotapes, CD's, and other audio and 
     visual material on best parenting practices and shall make 
     them available for distribution to parents, caregivers, and 
     others through State and local government programs, 
     hospitals, maternity centers, and other health care 
     providers, adoption agencies, schools, public housing units, 
     child care centers, and social service providers. If such 
     materials are already available, the Commission may print, 
     reproduce, and distribute such materials.
       (f) Reporting Requirement.--The Commission shall prepare 
     and submit a report of its findings and recommendations to 
     the Secretary and the Congress no later than 18 months after 
     appointment.
       (g) Authorization of Funds.--There is authorized to be 
     appropriated in fiscal year 2000 such sums as may be 
     necessary to support the work of the Commission and to 
     produce and distribute the materials described in subsection 
     (e). Such sum shall remain available until expended. Any fund 
     appropriated pursuant to this section shall remain available 
     until expended.

     SEC. 344. STATE AND LOCAL PARENTING SUPPORT AND EDUCATION 
                   GRANT PROGRAM.

       (a) State Allotments.--The Secretary shall make allotments 
     to eligible States to support parenting support and training 
     programs. Each State shall receive an amount that bears the 
     same relationship to the amount appropriated as the total 
     number of children in the State bears to the total number of 
     children in all States, but no State shall receive less than 
     one-half of one percent of the state allocation. From the 
     amounts provided to each State with Indian or Alaska Native 
     populations exceeding two percent of its total statewide 
     population, the Governor shall set aside two percent for 
     Indian tribes as that term is defined in section 4(e) of the 
     Indian Self-Determination and Education Assistance Act (P.L. 
     93-638, as amended; 25 U.S.C. 450b(e)) which shall be 
     distributed based on the percentage of Indian children in 
     each tribe except that with respect to Alaska, the funds 
     shall be distributed to the nonprofit entities described in 
     section 419(4)(B) of the Social Security Act pursuant to 
     section 103 of Public Law 104-193 (110 Stat. 2159, 2160; 42 
     U.S.C. 619(4)(B)) which shall be allocated based on the 
     percentage of Alaska Native children in each region.
       (b) State Parenting Support and Education Council.--To be 
     eligible to receive Federal funding, the Governor of each 
     State shall appoint a State Parenting Support and Education 
     Council (hereinafter referred to as the ``Council'') which 
     shall include parent representatives, representatives of the 
     State government, bipartisan representation from the State 
     legislature, representatives from local communities, and 
     interested children's organizations, except that the Governor 
     may designate an existing entity that includes such groups. 
     The Council shall conduct a needs and resources assessment of 
     parenting support and education programs in the State to 
     determine where programs are lacking or inadequate and 
     identify what additional programs are needed and which 
     programs require additional resources. It shall consider the 
     findings and recommendations of the Parenting Commission in 
     making those determinations. Upon completion of the 
     assessment, the Council may consider grant applications from 
     the State to provide statewide programs, from local 
     communities including schools, and from nonprofit service 
     providers including faith based organizations.
       (c) Grants.--Grants may be made for:
       (1) Parenting support to promote early brain development 
     and childhood development and education including--
       (A) assistance to schools to offer classroom instruction on 
     brain stimulation, child development, and early childhood 
     education;
       (B) distribution of materials developed by the Commission 
     or another entity that reflect best parenting practices;
       (C) development and distribution of referral information on 
     programs and services available to children and families at 
     the local level, including eligibility criteria;
       (D) voluntary hospital visits for postpartum women and in-
     home visits for families with infants, toddlers, or newly 
     adopted children to provide hands-on training and one-on-one 
     instruction on brain stimulation, child development, and 
     early childhood education;
       (E) parenting education programs including training with 
     respect to the best parenting practices identified in 
     subsection (c).
       (2) Parenting support for adolescents and youth including 
     funds for services and support for parents and other 
     caregivers of young people being served by a range of 
     education, social service, mental health, health, runaway and 
     homeless youth programs. Programs may include the Boys and 
     Girls Club, YMCA and YWCA, after school programs, 4-H 
     programs, or other community based organizations. Eligible 
     activities may include parent-caregiver support groups, peer 
     support groups, parent education classes, seminars or 
     discussion groups on problems facing adolescents, advocates 
     and mentors to help parents understand and work with schools, 
     the courts, and various treatment programs.
       (3) Parenting support and education resource centers 
     including--
       (A) development of parenting resource centers which may 
     serve as a single point of contact for the provision of 
     comprehensive services available to children and their 
     families including Federal, State, and local governmental and 
     nonprofit services available to children. Such services may 
     include child care, respite care, pediatric care, child abuse 
     prevention programs, nutrition programs, parent training, 
     infant and child CPR and safety training programs, caregiver 
     training and education, and other related programs;
       (B) a national toll free anonymous parent hotline with 24 
     hour a day consultation and advice including referral to 
     local community based services;
       (C) respite care for parents with children with special 
     needs, single mothers, and at-risk youth.
       (d) Reporting.--Each entity that receives a grant under 
     this section shall submit a report every 2 years to the 
     Council describing the program it has developed, the number 
     of parents and children served, and the success of the 
     program using specific performance measures.
       (e) Administrative Costs.--Not more than 5 percent of the 
     amounts received by a State may be used to pay for the 
     administrative expenses of the Council in implementing the 
     grant program.
       (f) Supplement not Supplant.--Funds appropriated pursuant 
     to this section shall be used to supplement and not supplant 
     other Federal, State, and local public funds expended for 
     parenting support and education programs.
       (g) Authorization of Funds.--There is authorized to be 
     appropriated such sums as are necessary for fiscal year 2000 
     and subsequent fiscal years.

     SEC. 345. GRANTS TO ADDRESS THE PROBLEM OF VIOLENCE RELATED 
                   STRESS TO PARENTS AND CHILDREN.

       (a) Findings.--The Congress finds that a child's brain is 
     wired between the ages of 0-3. A child's ability to learn, 
     develop healthy family and social relationships, resist peer 
     pressure, and control violent impulses depends on the quality 
     and quantity of brain stimulation he receives. Research shows 
     that children exposed to negative brain stimulation in the 
     form of physical and sexual abuse and violence in the family 
     or community causes the brain to be miswired making it 
     difficult for the child to be successful in life. 
     Intervention early in a child's life to correct the miswiring 
     is much more successful than adult rehabilitation efforts.
       (b) In General.--The Secretary shall award grants, enter 
     into contracts or cooperative agreements to public and 
     nonprofit private entities, as well as to Indian tribes, 
     Native Hawaiians, and Alaska Native nonprofit corporations to 
     establish national and regional centers of excellence on 
     psychological trauma response and to identify the best 
     practices for treating psychiatric and behavioral disorders 
     resulting from children witnessing or experiencing such 
     stress.
       (c) Priorities.--In awarding grants, contracts or 
     cooperative agreements under subsection (a) related to the 
     identifying best practices for treating disorders associated 
     with psychological trauma, the Secretary shall give priority 
     to programs that work with children, adolescents, adults, and 
     families who are survivors and witnesses of child abuse, 
     domestic, school, and community violence, and disasters.
       (d) Geographical Distribution.--The Secretary shall ensure 
     that grants, contracts, or cooperative agreements under 
     subsection (a) with respect to centers of excellence are 
     distributed equitably among the regions of the country and 
     among urban and rural areas.

[[Page 11056]]

       (e) Evaluation.--The Secretary shall require that each 
     applicant for a grant, contract or cooperative agreement 
     under subsection (a) submit a plan as part of his application 
     for the rigorous evaluation of the activities funded under 
     the grant, contract or agreement, including both process and 
     outcomes evaluation, and the submission of an evaluation at 
     the end of the project period.
       (f) Duration of Awards.--With respect to a grant, contract 
     or cooperative agreement under this section, the period 
     during which payments under such an award will be made to the 
     recipient may not be less than 3 years. Such grants, contract 
     or agreement may be renewed.
       (g) Report.--Not later than 1 year after the date of 
     enactment of this section, the General Accounting Office 
     shall prepare and submit to the Committee on Health, 
     Education, Labor, and Pensions of the Senate and the 
     Committee on Commerce of the House of Representatives a 
     report concerning whether individuals are covered for post-
     traumatic stress disorders under public and private health 
     plans, and the course of treatment, if any, that is covered.
       (h) Authorization of Appropriations.--There is authorized 
     to be appropriated such sums as are necessary to carry out 
     this section for fiscal year 2000 and subsequent fiscal 
     years.
     TITLE IV--VOLUNTARY MEDIA AGREEMENTS FOR CHILDREN'S PROTECTION
                   Subtitle A--Children and the Media

     SEC. 401. SHORT TITLE.

       This subtitle may be cited as the ``Children's Protection 
     Act of 1999''.

     SEC. 402. FINDINGS.

       Congress makes the following findings:
       (1) Television is seen and heard in nearly every United 
     States home and is a uniquely pervasive presence in the daily 
     lives of Americans. The average American home has 2.5 
     televisions, and a television is turned on in the average 
     American home 7 hours every day.
       (2) Television plays a particularly significant role in the 
     lives of children. Figures provided by Nielsen Research show 
     that children between the ages of 2 years and 11 years spend 
     an average of 21 hours in front of a television each week.
       (3) Television has an enormous capability to influence 
     perceptions, especially those of children, of the values and 
     behaviors that are common and acceptable in society.
       (4) The influence of television is so great that its images 
     and messages often can be harmful to the development of 
     children. Social science research amply documents a strong 
     correlation between the exposure of children to televised 
     violence and a number of behavioral and psychological 
     problems.
       (5) Hundreds of studies have proven conclusively that 
     children who are consistently exposed to violence on 
     television have a higher tendency to exhibit violent and 
     aggressive behavior, both as children and later in life.
       (6) Such studies also show that repeated exposure to 
     violent programming causes children to become desensitized to 
     and more accepting of real-life violence and to grow more 
     fearful and less trusting of their surroundings.
       (7) A growing body of social science research indicates 
     that sexual content on television can also have a significant 
     influence on the attitudes and behaviors of young viewers. 
     This research suggests that heavy exposure to programming 
     with strong sexual content contributes to the early 
     commencement of sexual activity among teenagers.
       (8) Members of the National Association of Broadcasters 
     (NAB) adhered for many years to a comprehensive code of 
     conduct that was based on an understanding of the influence 
     exerted by television and on a widely held sense of 
     responsibility for using that influence carefully.
       (9) This code of conduct, the Television Code of the 
     National Association of Broadcasters, articulated this sense 
     of responsibility as follows:
       (A) ``In selecting program subjects and themes, great care 
     must be exercised to be sure that the treatment and 
     presentation are made in good faith and not for the purpose 
     of sensationalism or to shock or exploit the audience or 
     appeal to prurient interests or morbid curiosity.''.
       (B) ``Broadcasters have a special responsibility toward 
     children. Programs designed primarily for children should 
     take into account the range of interests and needs of 
     children, from instructional and cultural material to a wide 
     variety of entertainment material. In their totality, 
     programs should contribute to the sound, balanced development 
     of children to help them achieve a sense of the world at 
     large and informed adjustments to their society.''.
       (C) ``Violence, physical, or psychological, may only be 
     projected in responsibly handled contexts, not used 
     exploitatively. Programs involving violence present the 
     consequences of it to its victims and perpetrators. 
     Presentation of the details of violence should avoid the 
     excessive, the gratuitous and the instructional.''.
       (D) ``The presentation of marriage, family, and similarly 
     important human relationships, and material with sexual 
     connotations, shall not be treated exploitatively or 
     irresponsibly, but with sensitivity.''.
       (E) ``Above and beyond the requirements of the law, 
     broadcasters must consider the family atmosphere in which 
     many of their programs are viewed. There shall be no graphic 
     portrayal of sexual acts by sight or sound. The portrayal of 
     implied sexual acts must be essential to the plot and 
     presented in a responsible and tasteful manner.''.
       (10) The National Association of Broadcasters abandoned the 
     code of conduct in 1983 after three provisions of the code 
     restricting the sale of advertising were challenged by the 
     Department of Justice on antitrust grounds and a Federal 
     district court issued a summary judgment against the National 
     Association of Broadcasters regarding one of the provisions 
     on those grounds. However, none of the programming standards 
     of the code were challenged.
       (11) While the code of conduct was in effect, its 
     programming standards were never found to have violated any 
     antitrust law.
       (12) Since the National Association of Broadcasters 
     abandoned the code of conduct, programming standards on 
     broadcast and cable television have deteriorated 
     dramatically.
       (13) In the absence of effective programming standards, 
     public concern about the impact of television on children, 
     and on society as a whole, has risen substantially. Polls 
     routinely show that more than 80 percent of Americans are 
     worried by the increasingly graphic nature of sex, violence, 
     and vulgarity on television and by the amount of programming 
     that openly sanctions or glorifies criminal, antisocial, and 
     degrading behavior.
       (14) At the urging of Congress, the television industry has 
     taken some steps to respond to public concerns about 
     programming standards and content. The broadcast television 
     industry agreed in 1992 to adopt a set of voluntary 
     guidelines designed to ``proscribe gratuitous or excessive 
     portrayals of violence''. Shortly thereafter, both the 
     broadcast and cable television industries agreed to conduct 
     independent studies of the violent content in their 
     programming and make those reports public.
       (15) In 1996, the television industry as a whole made a 
     commitment to develop a comprehensive rating system to label 
     programming that may be harmful or inappropriate for 
     children. That system was implemented at the beginning of 
     1999.
       (16) Despite these efforts to respond to public concern 
     about the impact of television on children, millions of 
     Americans, especially parents with young children, remain 
     angry and frustrated at the sinking standards of television 
     programming, the reluctance of the industry to police itself, 
     and the harmful influence of television on the well-being of 
     the children and the values of the United States.
       (17) The Department of Justice issued a ruling in 1993 
     indicating that additional efforts by the television industry 
     to develop and implement voluntary programming guidelines 
     would not violate the antitrust laws. The ruling states that 
     ``such activities may be likened to traditional standard 
     setting efforts that do not necessarily restrain competition 
     and may have significant procompetitive benefits . . . . Such 
     guidelines could serve to disseminate valuable information on 
     program content to both advertisers and television viewers. 
     Accurate information can enhance the demand for, and increase 
     the output of, an industry's products or services.''.
       (18) The Children's Television Act of 1990 (Public Law 101-
     437) states that television broadcasters in the United States 
     have a clear obligation to meet the educational and 
     informational needs of children.
       (19) Several independent analyses have demonstrated that 
     the television broadcasters in the United States have not 
     fulfilled their obligations under the Children's Television 
     Act of 1990 and have not noticeably expanded the amount of 
     educational and informational programming directed at young 
     viewers since the enactment of that Act.
       (20) The popularity of video and personal computer (PC) 
     games is growing steadily among children. Although most 
     popular video and personal computer games are educational or 
     harmless in nature, many of the most popular are extremely 
     violent. One recent study by Strategic Record Research found 
     that 64 percent of teenagers played video or personal 
     computer games on a regular basis. Other surveys of children 
     as young as elementary school age found that almost half of 
     them list violent computer games among their favorites.
       (21) Violent video games often present violence in a 
     glamorized light. Game players are often cast in the role of 
     shooter, with points scored for each ``kill''. Similarly, 
     advertising for such games often touts violent content as a 
     selling point--the more graphic and extreme, the better.
       (22) As the popularity and graphic nature of such video 
     games grows, so do their potential to negatively influence 
     impressionable children.
       (23) Music is another extremely pervasive and popular form 
     of entertainment. American children and teenagers listen to 
     music more than any other demographic group. The Journal of 
     American Medicine reported that between the 7th and 12th 
     grades the average teenager listens to 10,500 hours of rock

[[Page 11057]]

     or rap music, just slightly less than the entire number of 
     hours spent in the classroom from kindergarten through high 
     school.
       (24) Teens are among the heaviest purchasers of music, and 
     are most likely to favor music genres that depict, and often 
     appear to glamorize violence.
       (25) Music has a powerful ability to influence perceptions, 
     attitudes, and emotional state. The use of music as therapy 
     indicates its potential to increase emotional, psychological. 
     and physical health. That influence can be used for ill as 
     well.

     SEC. 403. PURPOSES; CONSTRUCTION.

       (a) Purposes.--The purposes of this subtitle are to permit 
     the entertainment industry--
       (1) to work collaboratively to respond to growing public 
     concern about television programming, movies, video games, 
     Internet content, and music lyrics, and the harmful influence 
     of such programming, movies, games, content, and lyrics on 
     children;
       (2) to develop a set of voluntary programming guidelines 
     similar to those contained in the Television Code of the 
     National Association of Broadcasters; and
       (3) to implement the guidelines in a manner that alleviates 
     the negative impact of television programming, movies, video 
     games, Internet content, and music lyrics on the development 
     of children in the United States and stimulates the 
     development and broadcast of educational and informational 
     programming for such children.
       (b) Construction.--This subtitle may not be construed as--
       (1) providing the Federal Government with any authority to 
     restrict television programming, movies, video games, 
     Internet content, or music lyrics that is in addition to the 
     authority to restrict such programming, movies, games, 
     content, or lyrics under law as of the date of the enactment 
     of this Act; or
       (2) approving any action of the Federal Government to 
     restrict such programming, movies, games, content, or lyrics 
     that is in addition to any actions undertaken for that 
     purpose by the Federal Government under law as of such date.

     SEC. 404. EXEMPTION OF VOLUNTARY AGREEMENTS ON GUIDELINES FOR 
                   CERTAIN ENTERTAINMENT MATERIAL FROM 
                   APPLICABILITY OF ANTITRUST LAWS.

       (a) Exemption.--Subject to subsection (b), the antitrust 
     laws shall not apply to any joint discussion, consideration, 
     review, action, or agreement by or among persons in the 
     entertainment industry for the purpose of developing and 
     disseminating voluntary guidelines designed--
       (1) to alleviate the negative impact of telecast material, 
     movies, video games, Internet content, and music lyrics 
     containing violence, sexual content, criminal behavior, or 
     other subjects that are not appropriate for children; or
       (2) to promote telecast material that is educational, 
     informational, or otherwise beneficial to the development of 
     children.
       (b) Limitation.--The exemption provided in subsection (a) 
     shall not apply to any joint discussion, consideration, 
     review, action, or agreement which--
       (1) results in a boycott of any person; or
       (2) concerns the purchase or sale of advertising, including 
     (without limitation) restrictions on the number of products 
     that may be advertised in a commercial, the number of times a 
     program may be interrupted for commercials, and the number of 
     consecutive commercials permitted within each interruption.

     SEC. 405. EXEMPTION OF ACTIVITIES TO ENSURE COMPLIANCE WITH 
                   RATINGS AND LABELING SYSTEMS FROM APPLICABILITY 
                   OF ANTITRUST LAWS.

       (a) Exemption From Antitrust Laws.--
       (1) In general.--The antitrust laws shall not apply to any 
     joint discussion, consideration, review, action, or agreement 
     between or among persons in the motion picture, recording, or 
     video game industry for the purpose of and limited to the 
     development or enforcement of voluntary guidelines, 
     procedures, and mechanisms designed to ensure compliance by 
     persons and entities described in paragraph (2) with ratings 
     and labeling systems to identify and limit dissemination of 
     sexual, violent, or other indecent material to children.
       (2) Persons and entities described.--A person or entity 
     described in this paragraph is a person or entity that is--
       (A) engaged in the retail sales of motion pictures, 
     recordings, or video games; or
       (B) a theater owner or operator, video game arcade owner or 
     operator, or other person or entity that makes available the 
     viewing, listening, or use of a motion picture, recording, or 
     video game to a member of the general public for 
     compensation.
       (b) Report.--Not later than 12 months after the date of the 
     enactment of this Act, the Antitrust Division of the 
     Department of Justice, in conjunction with the Federal Trade 
     Commission, shall submit to Congress a report on--
       (1) the extent to which the motion picture, recording, and 
     video game industry have developed or enforced guidelines, 
     procedures, or mechanisms to ensure compliance by persons and 
     entities described in subsection (b)(2) with ratings or 
     labeling systems which identify and limit dissemination of 
     sexual, violent, or other indecent material to children; and
       (2) the extent to which Federal or State antitrust laws 
     preclude those industries from developing and enforcing the 
     guidelines described in subsection (b)(1).

     SEC. 406. DEFINITIONS.

       In this subtitle:
       (1) Antitrust laws.--The term ``antitrust laws'' has the 
     meaning given such term in the first section of the Clayton 
     Act (15 U.S.C. 12) and includes section 5 of the Federal 
     Trade Commission Act (15 U.S.C. 45).
       (2) Internet.--The term ``Internet'' means the combination 
     of computer facilities and electromagnetic transmission 
     media, and related equipment and software, comprising the 
     interconnected worldwide network of computer networks that 
     employ the Transmission Control Protocol/Internet Protocol or 
     any successor protocol to transmit information.
       (3) Movies.--The term ``movies'' means motion pictures.
       (4) Person in the entertainment industry.--The term 
     ``person in the entertainment industry'' means a television 
     network, any entity which produces or distributes television 
     programming (including motion pictures), the National Cable 
     Television Association, the Association of Independent 
     Television Stations, Incorporated, the National Association 
     of Broadcasters, the Motion Picture Association of America, 
     each of the affiliate organizations of the television 
     networks, the Interactive Digital Software Association, any 
     entity which produces or distributes video games, the 
     Recording Industry Association of America, and any entity 
     which produces or distributes music, and includes any 
     individual acting on behalf of such person.
       (5) Telecast.--The term ``telecast'' means any program 
     broadcast by a television broadcast station or transmitted by 
     a cable television system.
                       Subtitle B--Other Matters

     SEC. 411. STUDY OF MARKETING PRACTICES OF MOTION PICTURE, 
                   RECORDING, AND VIDEO/PERSONAL COMPUTER GAME 
                   INDUSTRIES.

       (a) Study.--
       (1) In general.--The Federal Trade Commission and the 
     Attorney General shall jointly conduct a study of the 
     marketing practices of the motion picture, recording, and 
     video/personal computer game industries.
       (2) Issues examined.--In conducting the study under 
     paragraph (1), the Commission and the Attorney General shall 
     examine--
       (A) the extent to which the motion picture, recording, and 
     video/personal computer industries target the marketing of 
     violent, sexually explicit, or other unsuitable material to 
     minors, including whether such content is advertised or 
     promoted in media outlets in which minors comprise a 
     substantial percentage of the audience;
       (B) the extent to which retail merchants, movie theaters, 
     or others who engage in the sale or rental for a fee of 
     products of the motion picture, recording, and video/personal 
     computer industries--
       (i) have policies to restrict the sale, rental, or viewing 
     to minors of music, movies, or video/personal computer games 
     that are deemed inappropriate for minors under the applicable 
     voluntary industry rating or labeling systems; and
       (ii) have procedures compliant with such policies;
       (C) whether and to what extent the motion picture, 
     recording, and video/personal computer industries require, 
     monitor, or encourage the enforcement of their respective 
     voluntary rating or labeling systems by industry members, 
     retail merchants, movie theaters, or others who engage in the 
     sale or rental for a fee of the products of such industries;
       (D) whether any of the marketing practices examined may 
     violate Federal law; and
       (E) whether and to what extent the motion picture, 
     recording, and video/personal computer industries engage in 
     actions to educate the public on the existence, use, or 
     efficacy of their voluntary rating or labeling systems.
       (3) Factors for determination.--In determining whether the 
     products of the motion picture, recording, or video/personal 
     computer industries are violent, sexually explicit, or 
     otherwise unsuitable for minors for the purposes of paragraph 
     (2)(A), the Commission and the Attorney General shall 
     consider the voluntary industry rating or labeling systems of 
     the industry concerned as in effect on the date of the 
     enactment of this Act.
       (b) Report.--Not later than one year after the date of the 
     enactment of this Act, the Commission and the Attorney 
     General shall submit to Congress a report on the study 
     conducted under subsection (a).
       (c) Authority.--For the purposes of the study conducted 
     under subsection (a), the Commission may use its authority 
     under section 6(b) of the Federal Trade Commission Act to 
     require the filing of reports or answers in writing to 
     specific questions, as well as to obtain information, oral 
     testimony, documentary material, or tangible things.

[[Page 11058]]


                  TITLE V--GENERAL FIREARM PROVISIONS

     SEC. 501. SPECIAL LICENSEES; SPECIAL REGISTRATIONS.

       (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 a gun show or 
     event described in section 923(j).
       ``(36) Special license.--The term `special license' means a 
     license issued under section 923(m).
       ``(37) Special licensee.--The term `special licensee' means 
     a person to whom a special license has been issued.
       ``(38) Special registrant.--The term `special registrant' 
     means a person to whom a special registration has been 
     issued.
       ``(39) Special registration.--The term `special 
     registration' means a registration issued under section 
     923(m).''.
       (b) Special Licenses; Special Registration.--Section 923 of 
     title 18, United States Code, is amended by adding at the end 
     the following:
       ``(m) Special Licenses; Special Registrations.--
       ``(1) Special licenses.--
       ``(A) Application.--A person who--
       ``(i) is engaged in the business of dealing in firearms 
     by--

       ``(I) buying or selling firearms solely or primarily at gun 
     shows; or
       ``(II) buying or selling firearms as part of a gunsmith or 
     firearm repair business or the conduct of other activity 
     that, absent this subsection, would require a license under 
     this chapter; and

       ``(ii) desires to have access to the National Instant Check 
     System;
     may submit to the Secretary an application for a special 
     license.
       ``(B) Effect of paragraph.--Nothing in this paragraph--
       ``(i) requires a license for conduct that did not require a 
     license before the date of enactment of this subsection; or
       ``(ii) diminishes in any manner any right to display, sell, 
     or otherwise dispose of firearms or ammunition, make repairs, 
     or engage in any other conduct or activity, that was 
     otherwise lawful to engage in without a license before the 
     date of enactment of this subsection.
       ``(C) Contents.--An application under subparagraph (A) 
     shall--
       ``(i) contain a certification by the applicant that--

       ``(I) the applicant meets the requirements of subparagraphs 
     (A) through (D) of subsection (d)(1);
       ``(II)(aa) the applicant conducts the firearm business 
     primarily or solely at gun shows, and the applicant has 
     premises (or a designated portion of premises) that may be 
     inspected under this chapter from which the applicant 
     conducts business (or intends to establish such premises) 
     within a reasonable period of time; or
       ``(bb) the applicant conducts the firearm business from a 
     premises (or a designated portion of premises) of a gunsmith 
     or firearms repair business (or intends to establish such 
     premises within a reasonable period of time); and
       ``(III) the firearm business to be conducted under the 
     license--

       ``(aa) is not engaged in business for regularly buying and 
     selling firearms from the applicant's premises;
       ``(bb) will be engaged in the buying or selling of firearms 
     only--
       ``(AA) primarily or solely for a firearm business at gun 
     shows; or
       ``(BB) as part of a gunsmith or firearm repair business;
       ``(cc) shall be conducted in accordance with all dealer 
     recordkeeping required under this chapter for a dealer; and
       ``(dd) shall be subject to inspection under this chapter, 
     including the special licensee's (or a designated portion of 
     the premises), pursuant to the provisions in this chapter 
     applicable to dealers;
       ``(ii) include a photograph and fingerprints of the 
     applicant; and
       ``(iii) be in such form as the Secretary shall by 
     regulation promulgate.
       ``(D) Compliance with state or local law.--
       ``(i) In general.--An applicant under subparagraph (A) 
     shall not be required to certify or demonstrate that any 
     firearm business to be conducted from the premises or 
     elsewhere, to the extent permitted under this subsection, is 
     or will be done in accordance with State or local law 
     regarding the carrying on of a general business or commercial 
     activity, including compliance with zoning restrictions.
       ``(ii) Duty to comply.--The issuance of a special license 
     does not relieve an applicant or licensee, as a matter of 
     State or local law, from complying with State or local law 
     described in clause (i).
       ``(E) Approval.--
       ``(i) In general.--The Secretary shall approve an 
     application under subparagraph (A) if the application meets 
     the requirements of subparagraph (D).
       ``(ii) Issuance of license.--On approval of the application 
     and payment by the applicant of a fee prescribed for dealers 
     under this section, the Secretary shall issue to the 
     applicant a license which, subject to the provisions of this 
     chapter and other applicable provisions of law, entitles the 
     licensee to conduct business during the 3-year period that 
     begins on the date on which the license is issued.
       ``(iii) Timing.--

       ``(I) In general.--The Secretary shall approve or 
     disapprove an application under subparagraph (A) not later 
     than 60 days after the Secretary receives the application.
       ``(II) Failure to act.--If the Secretary fails to approve 
     or disapprove an application within the time specified by 
     subclause (I), the applicant may bring an action under 
     section 1361 of title 28 to compel the Secretary to act.

       ``(2) Special registrants.--
       ``(A) In general.--A person who is not licensed under this 
     chapter (other than a licensed collector) and who wishes to 
     perform instant background checks for the purposes of meeting 
     the requirements of section 922(t) at a gun show may submit 
     to the Secretary an application for a special registration.
       ``(B) Contents.--An application under subparagraph (A) 
     shall--
       ``(i) contain a certification by the applicant that--

       ``(I) the applicant meets the requirements of subparagraphs 
     (A) through (D) of subsection (d)(1); and
       ``(II)(aa) any gun show at which the applicant will conduct 
     instant checks under the special registration will be a show 
     that is not prohibited by State or local law; and
       ``(bb) instant checks will be conducted only at gun shows 
     that are conducted in accordance with Federal, State, and 
     local law;

       ``(ii) include a photograph and fingerprints of the 
     applicant; and
       ``(iii) be in such form as the Secretary shall by 
     regulation promulgate.
       ``(C) Approval.--
       ``(i) In general.--The Secretary shall approve an 
     application under subparagraph (A) if the application meets 
     the requirements of subparagraph (B).
       ``(ii) Issuance of registration.--On approval of the 
     application and payment by the applicant of a fee of $100 for 
     3 years, and upon renewal of valid registration a fee of $50 
     for 3 years, the Secretary shall issue to the applicant a 
     special registration, and notify the Attorney General of the 
     United States of the issuance of the special registration.
       ``(iii) Permitted activity.--Under a special registration, 
     a special registrant may conduct instant check screening 
     during the 3-year period that begins with the date on which 
     the registration is issued.
       ``(D) Timing.--
       ``(i) In general.--The Secretary shall approve or deny an 
     application under subparagraph (A) not later than 60 days 
     after the Secretary receives the application.
       ``(ii) Failure to act.--If the Secretary fails to approve 
     or disapprove an application under subparagraph (A) within 
     the time specified by clause (i), the applicant may bring an 
     action under section 1361 of title 28 to compel the Secretary 
     to act.
       ``(E) Use of special registrants.--
       ``(i) In general.--A person not licensed under this chapter 
     who desires to transfer a firearm at a gun show in the 
     person's State of residence to another person who is a 
     resident of the same State, may use (but shall not be 
     required to use) the services of a special registrant to 
     determine the eligibility of the prospective transferee to 
     possess a firearm by having the transferee provide the 
     special registrant at the gun show, on a special and limited-
     purpose form that the Secretary shall prescribe for use by a 
     special registrant--

       ``(I) the name, age, address, and other identifying 
     information of the prospective transferee (or, in the case of 
     a prospective transferee that is a corporation or other 
     business entity, the identity and principal and local places 
     of business of the prospective transferee); and
       ``(II) proof of verification of the identity of the 
     prospective transferee as required by section 922(t)(1)(C).

       ``(ii) Action by the special registrant.--The special 
     registrant shall--

       ``(I) make inquiry of the national instant background check 
     system (or as the Attorney General shall arrange, with the 
     appropriate State point of contact agency for each 
     jurisdiction in which the special registrant intends to offer 
     services) concerning the prospective transferee in accordance 
     with the established procedures for making such inquiries;
       ``(II) receive the response from the system;
       ``(III) indicate the response on both a portion of the 
     inquiry form for the records of the special registrant and on 
     a separate form to be provided to the prospective transferee;
       ``(IV) provide the response to the transferor; and
       ``(V) follow the procedures established by the Secretary 
     and the Attorney General for advising a person undergoing an 
     instant background check on the meaning of a response, and 
     any appeal rights, if applicable.

       ``(iii) Recordkeeping.--A special registrant shall--

       ``(I) keep all records or documents that the special 
     registrant collected pursuant to clause (ii) during the gun 
     show; and
       ``(II) transmit the records to the Secretary when the 
     special registration is no longer valid, expires, or is 
     revoked.

       ``(iv) No other requirements.--Except for the requirements 
     stated in this section, a

[[Page 11059]]

     special registrant is not subject to any of the requirements 
     imposed on licensees by this chapter, including those in 
     section 922(t) and paragraphs (1)(A) and (3)(A) of subsection 
     (g) with respect to the proposed transfer of a firearm.
       ``(3) No cause of action or standard of conduct.--
       ``(A) In general.--Nothing in this subsection--
       ``(i) creates a cause of action against any special 
     registrant or any other person, including the transferor, for 
     any civil liability; or
       ``(ii) establishes any standard of care.
       ``(B) Evidence.--Notwithstanding any other provision of 
     law, except to give effect to the provisions of paragraph 
     (3)(vi), evidence regarding the use or nonuse by a transferor 
     of the services of a special registrant under this paragraph 
     shall not be admissible as evidence in any proceeding of any 
     court, agency, board, or other entity for the purposes of 
     establishing liability based on a civil action brought on any 
     theory for harm caused by a product or by negligence.
       ``(4) Immunity.--
       ``(A) Definition.--In this paragraph:
       ``(i) In general.--The term `qualified civil liability 
     action' means a civil action brought by any person against a 
     person described in subparagraph (B) for damages resulting 
     from the criminal or unlawful misuse of the firearm by the 
     transferee or a third party.
       ``(ii) Exclusions.--The term `qualified civil liability 
     action' shall not include an action--
       ``(B) Immunity.--Notwithstanding any other provision of 
     law, a person who is--
       ``(i) a special registrant who performs a background check 
     in the manner prescribed in this subsection at a gun show;
       ``(ii) a licensee or special licensee who acquires a 
     firearm at a gun show from a nonlicensee, for transfer to 
     another nonlicensee in attendance at the gun show, for the 
     purpose of effectuating a sale, trade, or transfer between 
     the 2 nonlicensees, all in the manner prescribed for the 
     acquisition and disposition of a firearm under this chapter; 
     or
       ``(iii) a nonlicensee person disposing of a firearm who 
     uses the services of a person described in clause (i) or 
     (ii);

     shall be entitled to immunity from civil liability action as 
     described in subparagraph (B).
       ``(C) Prospective actions.--A qualified civil liability 
     action may not be brought in any Federal or State court--
       ``(i) brought against a transferor convicted under section 
     922(h), or a comparable State felony law, by a person 
     directly harmed by the transferee's criminal conduct, as 
     defined in section 922(h); or
       ``(ii) brought against a transferor for negligent 
     entrustment or negligence per se.
       ``(D) Dismissal of pending actions.--A qualified civil 
     liability action that is pending on the date of enactment of 
     this subsection shall be dismissed immediately by the court.
       ``(5) Revocation.--A special license or special 
     registration shall be subject to revocation under procedures 
     provided for revocation of licensees in this chapter.''.
       (b) Penalties.--Section 924(a) of title 18, United States 
     Code, is amended by adding at the end the following:
       ``(7) Special licensees; special registrants.--Whoever 
     knowingly violates section 923(m)(1) shall be fined under 
     this title, imprisoned not more than 5 years, or both.''.

     SEC. 502. CLARIFICATION OF AUTHORITY TO CONDUCT FIREARM 
                   TRANSACTIONS AT GUN SHOWS.

       Section 923 of title 18, United States Code, is amended by 
     striking subsection (j) and inserting the following:
       ``(j) Gun Shows.--
       ``(1) In general.--A licensed importer, licensed 
     manufacturer, or licensed dealer may, under regulations 
     promulgated by the Secretary, conduct business at a temporary 
     location, other than the location specified on the license, 
     described in paragraph (2).
       ``(2) Temporary location.--
       ``(A) In general.--A temporary location referred to in 
     paragraph (1) is a location for a gun show, or for an event 
     in the State specified on the license, at which firearms, 
     firearms accessories and related items may be bought, sold, 
     traded, and displayed, in accordance with Federal, State, and 
     local laws.
       ``(B) Locations out of state.--If the location is not in 
     the State specified on the license, a licensee may display 
     any firearm, and take orders for a firearm or effectuate the 
     transfer of a firearm, in accordance with this chapter, 
     including paragraph (3) of this subsection.
       ``(C) Qualified gun shows or events.--A gun show or an 
     event shall qualify as a temporary location if--
       ``(i) the gun show or event is one which is sponsored, for 
     profit or not, by an individual, national, State, or local 
     organization, association, or other entity to foster the 
     collecting, competitive use, sporting use, or any other legal 
     use of firearms; and
       ``(ii) the gun show or event has 20 percent or more firearm 
     exhibitors out of all exhibitors.
       ``(D) Firearm exhibitor.--The term `firearm exhibitor' 
     means an exhibitor who displays 1 or more firearms (as 
     defined by section 921(a)(3)) and offers such firearms for 
     sale or trade at the gun show or event.
       ``(3) Records.--Records of receipt and disposition of 
     firearms transactions conducted at a temporary location--
       ``(A) shall include the location of the sale or other 
     disposition;
       ``(B) shall be entered in the permanent records of the 
     licensee; and
       ``(C) shall be retained at the location premises specified 
     on the license.
       ``(4) Vehicles.--Nothing in this subsection authorizes a 
     licensee to conduct business in or from any motorized or 
     towed vehicle.
       ``(5) No separate fee.--Notwithstanding subsection (a), a 
     separate fee shall not be required of a licensee with respect 
     to business conducted under this subsection.
       ``(6) Inspections and examinations.--
       ``(A) At a temporary location.--Any inspection or 
     examination of inventory or records under this chapter by the 
     Secretary at a temporary location shall be limited to 
     inventory consisting of, or records relating to, firearms 
     held or disposed at the temporary location.
       ``(B) No requirement.--Nothing in this subsection 
     authorizes the Secretary to inspect or examine the inventory 
     or records of a licensed importer, licensed manufacturer, or 
     licensed dealer at any location other than the location 
     specified on the license.
       ``(7) No effect on other rights.--Nothing in this 
     subsection diminishes in any manner any right to display, 
     sell, or otherwise dispose of firearms or ammunition that is 
     in effect before the date of enactment of this subsection, 
     including the right of a licensee to conduct firearms 
     transfers and business away from their business premises with 
     another licensee without regard to whether the location of 
     the business is in the State specified on the license of 
     either licensee.''.

     SEC. 503. ``INSTANT CHECK'' GUN TAX AND GUN OWNER PRIVACY.

       (a) Prohibition of Gun Tax.--
       (1) In general.--Chapter 33 of title 28, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 540B. Prohibition of background check fee

       ``(a) In General.--No officer, employee, or agent of the 
     United States, including a State or local officer or employee 
     acting on behalf of the United States, may charge or collect 
     any fee in connection with any background check required in 
     connection with the transfer of a firearm (as defined in 
     section 921(a)(3) of title 18).
       ``(b) Civil Remedies.--Any person aggrieved by a violation 
     of this section may bring an action in United States district 
     court for actual damages, punitive damages, and such other 
     remedies as the court may determine to be appropriate, 
     including a reasonable attorney's fee.''.
       (2) Conforming amendment.--The analysis for chapter 33 of 
     title 28, United States Code, is amended by inserting after 
     the item relating to section 540A the following:

``540B. Prohibition of background check fee.''.

       (b) Protection of Gun Owner Privacy and Ownership Rights.--
       (1) In general.--Chapter 44 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 931. Gun owner privacy and ownership rights

       ``(a) In General.--Notwithstanding any other provision of 
     law, no department, agency, or instrumentality of the United 
     States or officer, employee, or agent of the United States, 
     including a State or local officer or employee acting on 
     behalf of the United States shall--
       ``(1) perform any national instant criminal background 
     check on any person through the system established under 
     section 103 of the Brady Handgun Violence Prevention Act (18 
     U.S.C. 922 note) (referred to in this section as the 
     ``system'') if the system does not require and result in the 
     immediate destruction of all information, in any form 
     whatsoever or through any medium, concerning the person if 
     the person is determined, through the use of the system, not 
     to be prohibited by subsection (g) or (n) of section 922 or 
     by State law from receiving a firearm; or
       ``(2) continue to operate the system (including requiring a 
     background check before the transfer of a firearm) unless--
       ``(A) the National Instant Check System index complies with 
     the requirements of section 552a(e)(5) of title 5, United 
     States Code; and
       ``(B) does not invoke the exceptions under subsection 
     (j)(2) or paragraph (2) or (3) of subsection (k) of section 
     552a of title 5, United States Code, except if specifically 
     identifiable information is compiled for a particular law 
     enforcement investigation or specific criminal enforcement 
     matter.
       ``(b) Applicability.--Subsection (a)(1) does not apply to 
     the retention or transfer of information relating to--
       ``(1) any unique identification number provided by the 
     national instant criminal background check system pursuant to 
     section 922(t)(1)(B)(i) of title 18, United States Code; or
       ``(2) the date on which that number is provided.
       ``(c) Civil Remedies.--Any person aggrieved by a violation 
     of this section may

[[Page 11060]]

     bring an action in United States district court for actual 
     damages, punitive damages, and such other remedies as the 
     court may determine to be appropriate, including a reasonable 
     attorney's fee.''.
       (2) Conforming amendment.--The analysis for chapter 44 of 
     title 18, United States Code, is amended by adding at the end 
     the following:

``931. Gun owner privacy and ownership rights.''.
       (c) Provision Relating to Pawn and Other Transactions.--
       (1) Repeal.--Section 655 of title VI of the Treasury and 
     General Governmental Appropriations Act, 1999 (112 Stat. 
     2681-530) is repealed.
       (2) Return of firearm.--Section 922(t)(1) of title 18, 
     United States Code, is amended by inserting ``(other than the 
     return of a firearm to the person from whom it was 
     received)'' before ``to any other person''.

     SEC. 504. EFFECTIVE DATE.

       (a) Sections 501 and 502.--The amendments made by sections 
     501 and 502 shall take effect on the date that is 90 days 
     after the date of enactment of this Act.
       (b) Section 503.--The amendments made by section 503 take 
     effect on the date of enactment of this Act, except that the 
     amendment made by subsection (a) of that section takes effect 
     on October 1, 1999.
       TITLE VI--RESTRICTING JUVENILE ACCESS TO CERTAIN FIREARMS

     SEC. 601. PENALTIES FOR UNLAWFUL ACTS BY JUVENILES.

       (a) Juvenile Weapons Penalties.--Section 924(a) of title 
     18, United States Code, is amended--
       (1) in paragraph (4) by striking ``Whoever'' at the 
     beginning of the first sentence, and inserting in lieu 
     thereof, ``Except as provided in paragraph (6) of this 
     subsection, whoever''; and
       (2) in paragraph (6), by amending it to read as follows:
       ``(6)(A) A juvenile who violates section 922(x) shall be 
     fined under this title, imprisoned not more than 1 year, or 
     both, except--
       ``(i) a juvenile shall be sentenced to probation on 
     appropriate conditions and shall not be incarcerated unless 
     the juvenile fails to comply with a condition of probation, 
     if--
       ``(I) the offense of which the juvenile is charged is 
     possession of a handgun, ammunition, large capacity 
     ammunition feeding device or a semiautomatic assault weapon 
     in violation of section 922(x)(2); and
       ``(II) the juvenile has not been convicted in any court of 
     an offense (including an offense under section 922(x) or a 
     similar State law, but not including any other offense 
     consisting of conduct that if engaged in by an adult would 
     not constitute an offense) or adjudicated as a juvenile 
     delinquent for conduct that if engaged in by an adult would 
     constitute an offense; or
       ``(ii) a juvenile shall be fined under this title, 
     imprisoned not more than 20 years, or both, if--
       ``(I) the offense of which the juvenile is charged is 
     possession of a handgun, ammunition, large capacity 
     ammunition feeding device or a semiautomatic assault weapon 
     in violation of section 922(x)(2); and
       ``(II) during the same course of conduct in violating 
     section 922(x)(2), the juvenile violated section 922(q), with 
     the intent to carry or otherwise possess or discharge or 
     otherwise use the handgun, ammunition, large capacity 
     ammunition feeding device or a semiautomatic assault weapon 
     in the commission of a violent felony.
       ``(B) A person other than a juvenile who knowingly violates 
     section 922(x)--
       ``(i) shall be fined under this title, imprisoned not more 
     than 1 year, or both; and
       ``(ii) if the person sold, delivered, or otherwise 
     transferred a handgun, ammunition, large capacity ammunition 
     feeding device or a semiautomatic assault weapon to a 
     juvenile knowing or having reasonable cause to know that the 
     juvenile intended to carry or otherwise possess or discharge 
     or otherwise use the handgun, ammunition, large capacity 
     ammunition feeding device or semiautomatic assault weapon in 
     the commission of a violent felony, shall be fined under this 
     title, imprisoned not more than 20 years, or both.
       ``(C) For purposes of this paragraph a `violent felony' 
     means conduct as described in section 924(e)(2)(B) of this 
     title.
       ``(D) Except as otherwise provided in this chapter, in any 
     case in which a juvenile is prosecuted in a district court of 
     the United States, and the juvenile is subject to the 
     penalties under clause (ii) of paragraph (A), the juvenile 
     shall be subject to the same laws, rules, and proceedings 
     regarding sentencing (including the availability of 
     probation, restitution, fines, forfeiture, imprisonment, and 
     supervised release) that would be applicable in the case of 
     an adult. No juvenile sentenced to a term of imprisonment 
     shall be released from custody simply because the juvenile 
     reaches the age of 18 years.''.
       (b) Unlawful Weapons Transfers to Juveniles.--Section 
     922(x) of title 18, United States Code, is amended to read as 
     follows:
       ``(x)(1) It shall be unlawful for a person to sell, 
     deliver, or otherwise transfer to a person who the transferor 
     knows or has reasonable cause to believe is a juvenile--
       ``(A) a handgun;
       ``(B) ammunition that is suitable for use only in a 
     handgun;
       ``(C) a semiautomatic assault weapon; or
       ``(D) a large capacity ammunition feeding device.
       ``(2) It shall be unlawful for any person who is a juvenile 
     to knowingly possess--
       ``(A) a handgun;
       ``(B) ammunition that is suitable for use only in a 
     handgun;
       ``(C) a semiautomatic assault weapon; or
       ``(D) a large capacity ammunition feeding device.
       ``(3) This subsection does not apply to--
       ``(A) a temporary transfer of a handgun, ammunition, large 
     capacity ammunition feeding device or a semiautomatic assault 
     weapon to a juvenile or to the possession or use of a 
     handgun, ammunition, large capacity ammunition feeding device 
     or a semiautomatic assault weapon by a juvenile--
       ``(i) if the handgun, ammunition, large capacity ammunition 
     feeding device or semiautomatic assault weapon are possessed 
     and used by the juvenile--
       ``(I) in the course of employment,
       ``(II) in the course of ranching or farming related to 
     activities at the residence of the juvenile (or on property 
     used for ranching or farming at which the juvenile, with the 
     permission of the property owner or lessee, is performing 
     activities related to the operation of the farm or ranch),
       ``(III) for target practice,
       ``(IV) for hunting, or
       ``(V) for a course of instruction in the safe and lawful 
     use of a firearm;
       ``(ii) clause (i) shall apply only if the juvenile's 
     possession and use of a handgun, ammunition, large capacity 
     ammunition feeding device or a semiautomatic assault weapon 
     under this subparagraph are in accordance with State and 
     local law, and the following conditions are met--
       ``(I) except when a parent or guardian of the juvenile is 
     in the immediate and supervisory presence of the juvenile, 
     the juvenile shall have in the juvenile's possession at all 
     times when a handgun, ammunition, large capacity ammunition 
     feeding device or semiautomatic assault weapon is in the 
     possession of the juvenile, the prior written consent of the 
     juvenile's parent or guardian who is not prohibited by 
     Federal, State, or local law from possessing a firearm or 
     ammunition; and
       ``(II) during transportation by the juvenile directly from 
     the place of transfer to a place at which an activity 
     described in clause (i) is to take place the firearm shall be 
     unloaded and in a locked container or case, and during the 
     transportation by the juvenile of that firearm, directly from 
     the place at which such an activity took place to the 
     transferor, the firearm shall also be unloaded and in a 
     locked container or case; or
       ``(III) with respect to employment, ranching or farming 
     activities as described in clause (i), a juvenile may possess 
     and use a handgun, ammunition, large capacity ammunition 
     feeding device or a semiautomatic assault rifle with the 
     prior written approval of the juvenile's parent or legal 
     guardian, if such approval is on file with the adult who is 
     not prohibited by Federal, State, or local law from 
     possessing a firearm or ammunition and that person is 
     directing the ranching or farming activities of the juvenile;
       ``(B) a juvenile who is a member of the Armed Forces of the 
     United States or the National Guard who possesses or is armed 
     with a handgun, ammunition, large capacity ammunition feeding 
     device or semiautomatic assault weapon in the line of duty;
       ``(C) a transfer by inheritance of title (but not 
     possession) of a handgun, ammunition, large capacity 
     ammunition feeding device or a semiautomatic assault weapon 
     to a juvenile; or
       ``(D) the possession of a handgun, ammunition, large 
     capacity ammunition feeding device or a semiautomatic assault 
     weapon taken in lawful defense of the juvenile or other 
     persons in the residence of the juvenile or a residence in 
     which the juvenile is an invited guest.
       ``(4) A handgun, ammunition, large capacity ammunition 
     feeding device or a semiautomatic assault weapon, the 
     possession of which is transferred to a juvenile in 
     circumstances in which the transferor is not in violation of 
     this subsection, shall not be subject to permanent 
     confiscation by the Government if its possession by the 
     juvenile subsequently becomes unlawful because of the conduct 
     of the juvenile, but shall be returned to the lawful owner 
     when such handgun, ammunition, large capacity ammunition 
     feeding device or semiautomatic assault weapon is no longer 
     required by the Government for the purposes of investigation 
     or prosecution.
       ``(5) For purposes of this subsection, the term `juvenile' 
     means a person who is less than 18 years of age.
       ``(6)(A) In a prosecution of a violation of this 
     subsection, the court shall require the presence of a 
     juvenile defendant's parent or legal guardian at all 
     proceedings.
       ``(B) The court may use the contempt power to enforce 
     subparagraph (A).
       ``(C) The court may excuse attendance of a parent or legal 
     guardian of a juvenile defendant at a proceeding in a 
     prosecution of a violation of this subsection for good cause 
     shown.
       ``(7) For purposes of this subsection only, the term `large 
     capacity ammunition feeding

[[Page 11061]]

     device' has the same meaning as in section 921(a)(31) of 
     title 18 and includes similar devices manufactured before the 
     effective date of the Violent Crime Control and Law 
     Enforcement Act of 1994.''.

     SEC. 602. EFFECTIVE DATE.

       This title and the amendments made by this title shall take 
     effect 180 days after the date of enactment of this Act.
                       TITLE VII--ASSAULT WEAPONS

     SEC. 701. SHORT TITLE.

       This Act may be cited as the ``Juvenile Assault Weapon 
     Loophole Closure Act of 1999''.

     SEC. 702. BAN ON IMPORTING LARGE CAPACITY AMMUNITION FEEDING 
                   DEVICES.

       Section 922(w) of title 18, United States Code, is 
     amended--
       (1) in paragraph (1), by striking ``(1) Except as provided 
     in paragraph (2)'' and inserting ``(1)(A) Except as provided 
     in subparagraph (B)'';
       (2) in paragraph (2), by striking ``(2) Paragraph (1)'' and 
     inserting ``(B) Subparagraph (A)'';
       (3) by inserting before paragraph (3) the following new 
     paragraph (2):
       ``(2) It shall be unlawful for any person to import a large 
     capacity ammunition feeding device.''; and
       (4) in paragraph (4)--
       (A) by striking ``(1)'' each place it appears and inserting 
     ``(1)(A)''; and
       (B) by striking ``(2)'' and inserting ``(1)(B)''.

     SEC. 703. DEFINITION OF LARGE CAPACITY AMMUNITION FEEDING 
                   DEVICE.

       Section 921(a)(31) of title 18, United States Code, is 
     amended by striking ``manufactured after the date of 
     enactment of the Violent Crime Control and Law Enforcement 
     Act of 1994''.

     SEC. 704. EFFECTIVE DATE.

       This title and the amendments made by this title except 
     sections 702 and 703 shall take effect 180 days after the 
     date of enactment of this Act.
               TITLE VIII--EFFECTIVE GUN LAW ENFORCEMENT
             Subtitle A--Criminal Use of Firearms by Felons

     SEC. 801. SHORT TITLE.

       This subtitle may be referred to as the ``Criminal Use of 
     Firearms by Felons (CUFF) Act''.

     SEC. 802. FINDINGS.

       Congress finds the following:
       (1) Tragedies such as those occurring recently in the 
     communities of Pearl, Mississippi, Paducah, Kentucky, 
     Jonesboro, Arkansas, Springfield, Oregon, and Littleton, 
     Colorado are terrible reminders of the vulnerability of 
     innocent individuals to random and senseless acts of criminal 
     violence.
       (2) The United States Congress has responded to the problem 
     of gun violence by passing numerous criminal statutes and by 
     supporting the development of law enforcement programs 
     designed both to punish the criminal misuse of weapons and 
     also to deter individuals from undertaking illegal acts.
       (3) In 1988, the Administration initiated an innovative 
     program known as Project Achilles. The concept behind the 
     initiative was that the illegal possession of firearms was 
     the Achilles heel or the area of greatest vulnerability of 
     criminals. By aggressively prosecuting criminals with guns in 
     Federal court, the offenders were subject to stiffer 
     penalties and expedited prosecutions. The Achilles program 
     was particularly effective in removing the most violent 
     criminals from our communities.
       (4) In 1991, the Administration expanded its efforts to 
     remove criminals with guns from our streets with Project 
     Triggerlock. Triggerlock continued the ideas formulated in 
     the Achilles program and committed the Department of Justice 
     resources to the prosecution effort. Under the program, every 
     United States Attorney was directed to form special teams of 
     Federal, State, and local investigators to look for gang and 
     drug cases that could be prosecuted as Federal weapon 
     violations. Congress appropriated additional funds to allow a 
     large number of new law enforcement officers and Federal 
     prosecutors to target these gun and drug offenders. In 1992, 
     approximately 7048 defendants were prosecuted under this 
     initiative.
       (5) Since 1993, the number of ``Project Triggerlock'' type 
     gun prosecutions pursued by the Department of Justice has 
     fallen to approximately 3807 prosecutions in 1998. This is a 
     decline of over 40 percent in Federal prosecutions of 
     criminals with guns.
       (6) The threat of criminal prosecution in the Federal 
     criminal justice system works to deter criminal behavior 
     because the Federal system is known for speedier trials and 
     longer prison sentences.
       (7) The deterrent effect of Federal gun prosecutions has 
     been demonstrated recently by successful programs, such as 
     ``Project Exile'' in Richmond, Virginia, which resulted in a 
     22 percent decrease in violent crime since 1994.
       (8) The Department of Justice's failure to prosecute the 
     criminal use of guns under existing Federal law undermines 
     the significant deterrent effect that these laws are meant to 
     produce.
       (9) The Department of Justice already possesses a vast 
     array of Federal criminal statutes that, if used aggressively 
     to prosecute wrongdoers, would significantly reduce both the 
     threat of, and the incidence of, criminal gun violence.
       (10) As an example, the Department of Justice has the 
     statutory authority in section 922(q) of title 18, United 
     States Code, to prosecute individuals who bring guns to 
     school zones. Although the Administration stated that over 
     6,000 students were expelled last year for bringing guns to 
     school, the Justice Department reports prosecuting only 8 
     cases under section 922(q) in 1998.
       (11) The Department of Justice is also empowered under 
     section 922(x) of title 18, United States Code, to prosecute 
     adults who transfer handguns to juveniles. In 1998, the 
     Department of Justice reports having prosecuted only 6 
     individuals under this provision.
       (12) The Department of Justice's utilization of existing 
     prosecutorial power is 1 of the most significant steps that 
     can be taken to reduce the number of criminal acts involving 
     guns, and represents a better response to the problem of 
     criminal violence than the enactment of new, symbolic laws, 
     which, if current Departmental trends hold, would likely be 
     underutilized.

     SEC. 803. CRIMINAL USE OF FIREARMS BY FELONS PROGRAM.

       (a) In General.--Not later than 90 days after the date of 
     enactment of this Act, the Attorney General and the Secretary 
     of the Treasury shall establish in the jurisdictions 
     specified in subsection (d) a program that meets the 
     requirements of subsections (b) and (c). The program shall be 
     known as the ``Criminal Use of Firearms by Felons (CUFF) 
     Program''.
       (b) Program Elements.--Each program established under 
     subsection (a) shall, for the jurisdiction concerned--
       (1) provide for coordination with State and local law 
     enforcement officials in the identification of violations of 
     Federal firearms laws;
       (2) provide for the establishment of agreements with State 
     and local law enforcement officials for the referral to the 
     Bureau of Alcohol, Tobacco, and Firearms and the United 
     States Attorney for prosecution of persons arrested for 
     violations of section 922(a)(6), 922(g)(1), 922(g)(2), 
     922(g)(3), 922(j), 922(q), 922(k), or 924(c) of title 18, 
     United States Code, or section 5861(d) or 5861(h) of the 
     Internal Revenue Code of 1986, relating to firearms;
       (3) require that the United States Attorney designate not 
     less than 1 Assistant United States Attorney to prosecute 
     violations of Federal firearms laws;
       (4) provide for the hiring of agents for the Bureau of 
     Alcohol, Tobacco, and Firearms to investigate violations of 
     the provisions referred to in paragraph (2) and section 
     922(a)(5) of title 18, United States Code, relating to 
     firearms; and
       (5) ensure that each person referred to the United States 
     Attorney under paragraph (2) be charged with a violation of 
     the most serious Federal firearm offense consistent with the 
     act committed.
       (c) Public Education Campaign.--As part of the program for 
     a jurisdiction, the United States Attorney shall carry out, 
     in cooperation with local civic, community, law enforcement, 
     and religious organizations, an extensive media and public 
     outreach campaign focused in high-crime areas to--
       (1) educate the public about the severity of penalties for 
     violations of Federal firearms laws; and
       (2) encourage law-abiding citizens to report the possession 
     of illegal firearms to authorities.
       (d) Covered Jurisdictions.--The jurisdictions specified in 
     this subsection are the following 25 jurisdictions:
       (1) The 10 jurisdictions with a population equal to or 
     greater than 100,000 persons that had the highest total 
     number of violent crimes according to the FBI uniform crime 
     report for 1998.
       (2) The 15 jurisdictions with such a population, other than 
     the jurisdictions covered by paragraph (1), with the highest 
     per capita rate of violent crime according to the FBI uniform 
     crime report for 1998.

     SEC. 804. ANNUAL REPORTS.

       Not later than 1 year after the date of enactment of this 
     Act, and annually thereafter, the Attorney General shall 
     submit to the Committees on the Judiciary of Senate and House 
     of Representatives a report containing the following 
     information:
       (1) The number of Assistant United States Attorneys hired 
     under the program under this subtitle during the year 
     preceding the year in which the report is submitted in order 
     to prosecute violations of Federal firearms laws in Federal 
     court.
       (2) The number of individuals indicted for such violations 
     during that year by reason of the program.
       (3) The increase or decrease in the number of individuals 
     indicted for such violations during that year by reason of 
     the program when compared with the year preceding that year.
       (4) The number of individuals held without bond in 
     anticipation of prosecution by reason of the program.
       (5) To the extent information is available, the average 
     length of prison sentence of the individuals convicted of 
     violations of Federal firearms laws by reason of the program.

     SEC. 805. AUTHORIZATION OF APPROPRIATIONS.

       (a) Authorization of Appropriations.--There are authorized 
     to be appropriated to

[[Page 11062]]

     carry out the program under section 803 $50,000,000 for 
     fiscal year 2000, of which--
       (1) $40,000,000 shall be used for salaries and expenses of 
     Assistant United States Attorneys and Bureau of Alcohol, 
     Tobacco, and Firearms agents; and
       (2) $10,000,000 shall be available for the public relations 
     campaign required by subsection (c) of that section.
       (b) Use of Funds.--
       (1) The Assistant United States Attorneys hired using 
     amounts appropriated pursuant to the authorization of 
     appropriations in subsection (a) shall prosecute violations 
     of Federal firearms laws in accordance with section 
     803(b)(3).
       (2) The Bureau of Alcohol, Tobacco, and Firearms agents 
     hired using amounts appropriated pursuant to the 
     authorization of appropriations in subsection (a) shall, to 
     the maximum extent practicable, concentrate their 
     investigations on violations of Federal firearms laws in 
     accordance with section 803(b)(4).
       (3) It is the sense of Congress that amounts made available 
     under this section for the public education campaign required 
     by section 803(c) should, to the maximum extent practicable, 
     be matched with State or local funds or private donations.
       (c) Authorization of Additional Appropriations.--In 
     addition to amounts made available under subsection (a), 
     there is authorized to be appropriated to the Administrative 
     Office of the United States Courts such sums as may be 
     necessary to carry out this subtitle.
   Subtitle B--Apprehension and Treatment of Armed Violent Criminals

     SEC. 811. APPREHENSION AND PROCEDURAL TREATMENT OF ARMED 
                   VIOLENT CRIMINALS.

       (a) Pretrial Detention For Possession of Firearms or 
     Explosives By Convicted Felons.--Section 3156(a)(4) of title 
     18, United States Code, is amended--
       (1) by striking ``or'' at the end of subparagraph (B);
       (2) by striking ``and'' at the end of subparagraph (C) and 
     inserting ``or''; and
       (3) by adding at the end the following:
       ``(D) an offense that is a violation of section 842(i) or 
     922(g) (relating to possession of explosives or firearms by 
     convicted felons); and''.
       (b) Firearms Possession By Violent Felons and Serious Drug 
     Offenders.--Section 924(a)(2) of title 18, United States 
     Code, is amended--
       (1) by striking ``Whoever'' and inserting ``(A) Except as 
     provided in subparagraph (B), any person who''; and
       (2) by adding at the end the following:
       ``(B) Notwithstanding any other provision of law, the court 
     shall not grant a probationary sentence to a person who has 
     more than 1 previous conviction for a violent felony or a 
     serious drug offense, committed under different 
     circumstances.''.
                Subtitle C--Youth Crime Gun Interdiction

     SEC. 821. YOUTH CRIME GUN INTERDICTION INITIATIVE.

       (a) In General.--
       (1) Expansion of number of cities.--The Secretary of the 
     Treasury shall endeavor to expand the number of cities and 
     counties directly participating in the Youth Crime Gun 
     Interdiction Initiative (in this section referred to as the 
     ``YCGII'') to 75 cities or counties by October 1, 2000, to 
     150 cities or counties by October 1, 2002, and to 250 cities 
     or counties by October 1, 2003.
       (2) Selection.--Cities and counties selected for 
     participation in the YCGII shall be selected by the Secretary 
     of the Treasury and in consultation with Federal, State and 
     local law enforcement officials.
       (b) Identification of Individuals.--
       (1) In general.--The Secretary of the Treasury shall, 
     utilizing the information provided by the YCGII, facilitate 
     the identification and prosecution of individuals illegally 
     trafficking firearms to prohibited individuals.
       (2) Sharing of information.--The Secretary of the Treasury 
     shall share information derived from the YCGII with State and 
     local law enforcement agencies through on-line computer 
     access, as soon as such capability is available.
       (c) Grant Awards.--
       (1) In general.--The Secretary of the Treasury shall award 
     grants (in the form of funds or equipment) to States, cities, 
     and counties for purposes of assisting such entities in the 
     tracing of firearms and participation in the YCGII.
       (2) Use of grant funds.--Grants made under this part shall 
     be used to--
       (A) hire or assign additional personnel for the gathering, 
     submission and analysis of tracing data submitted to the 
     Bureau of Alcohol, Tobacco and Firearms under the YCGII;
       (B) hire additional law enforcement personnel for the 
     purpose of identifying and arresting individuals illegally 
     trafficking firearms; and
       (C) purchase additional equipment, including automatic data 
     processing equipment and computer software and hardware, for 
     the timely submission and analysis of tracing data.
                    Subtitle D--Gun Prosecution Data

     SEC. 831. COLLECTION OF GUN PROSECUTION DATA.

       (a) Report to Congress.--On February 1, 2000, and on 
     February 1 of each year thereafter, the Attorney General 
     shall submit to the Committees on the Judiciary and on 
     Appropriations of the Senate and the House of Representatives 
     a report of information gathered under this section during 
     the fiscal year that ended on September 30 of the preceding 
     year.
       (b) Subject of Annual Report.--Not later than 90 days after 
     the date of enactment of this Act, the Attorney General shall 
     require each component of the Department of Justice, 
     including each United States Attorney's Office, to furnish 
     for the purposes of the report described in subsection (a), 
     information relating to any case presented to the Department 
     of Justice for review or prosecution, in which the objective 
     facts of the case provide probable cause to believe that 
     there has been a violation of section 922 of title 18, United 
     States Code.
       (c) Elements of Annual Report.--With respect to each case 
     described in subsection (b), the report submitted under 
     subsection (a) shall include information indicating--
       (1) whether in any such case, a decision has been made not 
     to charge an individual with a violation of section 922 of 
     title 18, United States Code, or any other violation of 
     Federal criminal law;
       (2) in any case described in paragraph (1), the reason for 
     such failure to seek or obtain a charge under section 922 of 
     title 18, United States Code;
       (3) whether in any case described in subsection (b), an 
     indictment, information, or other charge has been brought 
     against any person, or the matter is pending;
       (4) whether, in the case of an indictment, information, or 
     other charge described in paragraph (3), the charging 
     document contains a count or counts alleging a violation of 
     section 922 of title 18, United States Code;
       (5) in any case described in paragraph (4) in which the 
     charging document contains a count or counts alleging a 
     violation of section 922 of title 18, United States Code, 
     whether a plea agreement of any kind has been entered into 
     with such charged individual;
       (6) whether any plea agreement described in paragraph (5) 
     required that the individual plead guilty, to enter a plea of 
     nolo contendere, or otherwise caused a court to enter a 
     conviction against that individual for a violation of section 
     922 of title 18, United States Code;
       (7) in any case described in paragraph (6) in which the 
     plea agreement did not require that the individual plead 
     guilty, enter a plea of nolo contendere, or otherwise cause a 
     court to enter a conviction against that individual for a 
     violation of section 922 of title 18, United States Code, 
     identification of the charges to which that individual did 
     plead guilty, and the reason for the failure to seek or 
     obtain a conviction under that section;
       (8) in the case of an indictment, information, or other 
     charge described in paragraph (3), in which the charging 
     document contains a count or counts alleging a violation of 
     section 922 of title 18, United States Code, the result of 
     any trial of such charges (guilty, not guilty, mistrial); and
       (9) in the case of an indictment, information, or other 
     charge described in paragraph (3), in which the charging 
     document did not contain a count or counts alleging a 
     violation of section 922 of title 18, United States Code, the 
     nature of the other charges brought and the result of any 
     trial of such other charges as have been brought (guilty, not 
     guilty, mistrial).
     Subtitle E--Firearms Possession by Violent Juvenile Offenders

     SEC. 841. PROHIBITION ON FIREARMS POSSESSION BY VIOLENT 
                   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 `act of violent juvenile delinquency' means an 
     adjudication of delinquency in Federal or State court, based 
     on a finding of the commission of an act by a person prior to 
     his or her eighteenth birthday that, if committed by an 
     adult, would be a serious or violent felony, as defined in 
     section 3559(c)(2)(F)(i) had Federal jurisdiction existed and 
     been exercised (except that section 3559(c)(3)(A) shall not 
     apply to this subparagraph).''; and
       (4) in the undesignated paragraph following subparagraph 
     (B) (as added by paragraph (3) of this subsection), by 
     striking ``What constitutes'' and all that follows through 
     ``this chapter,'' and inserting the following:
       ``(C) What constitutes a conviction of such a crime or an 
     adjudication of an act of violent juvenile delinquency shall 
     be determined in accordance with the law of the jurisdiction 
     in which the proceedings were held. Any State conviction or 
     adjudication of an act of violent juvenile delinquency that 
     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 an 
     act of violent juvenile delinquency occurred shall

[[Page 11063]]

     not be considered to be a conviction or adjudication of an 
     act of violent juvenile delinquency for purposes of this 
     chapter,''.
       (b) Prohibition.--Section 922 of title 18, United States 
     Code, is amended--
       (1) in subsection (d)--
       (A) in paragraph (8), by striking ``or'' at the end;
       (B) in paragraph (9), by striking the period at the end and 
     inserting ``; or''; and
       (C) by inserting after paragraph (9) the following:
       ``(10) has committed an act of violent juvenile 
     delinquency.''; and
       (2) in subsection (g)--
       (A) in paragraph (8), by striking ``or'' at the end;
       (B) in paragraph (9), by striking the comma at the end and 
     inserting ``; or''; and
       (C) by inserting after paragraph (9) the following:
       ``(10) who has committed an act of violent juvenile 
     delinquency,''.
       (c) Effective Date of Adjudication Provisions.--The 
     amendments made by this section shall only apply to an 
     adjudication of an act of violent juvenile delinquency that 
     occurs after the date that is 30 days after the date on which 
     the Attorney General certifies to Congress and separately 
     notifies Federal firearms licensees, through publication in 
     the Federal Register by the Secretary of the Treasury, that 
     the records of such adjudications are routinely available in 
     the national instant criminal background check system 
     established under section 103(b) of the Brady Handgun 
     Violence Prevention Act.
            Subtitle F--Juvenile Access to Certain Firearms

     SEC. 851. PENALTIES FOR FIREARM VIOLATIONS INVOLVING 
                   JUVENILES.

       (a) Penalties for Firearm Violations by Juveniles.--Section 
     924(a) of title 18, United States Code, is amended--
       (1) in paragraph (4), by striking ``Whoever'' and inserting 
     ``Except as provided in paragraph (6), whoever''; and
       (2) by striking paragraph (6) and inserting the following:
       ``(6) Transfer to or possession by a juvenile.--
       ``(A) Definitions of violent felony.--In this paragraph--
       ``(i) the term `juvenile' has the meaning given the term in 
     section 922(x); and
       ``(ii) the term `violent felony' has the meaning given the 
     term in subsection (e)(2)(B).
       ``(B) Possession by a juvenile.--
       ``(i) In general.--Subject to clauses (ii) and (iii), a 
     juvenile who violates section 922(x) shall be fined under 
     this title, imprisoned not more than 5 years, or both.
       ``(ii) Probation.--Unless clause (iii) applies and unless a 
     juvenile fails to comply with a condition of probation, the 
     juvenile may be sentenced to probation on appropriate 
     conditions if--

       ``(I) the offense with which the juvenile is charged is 
     possession of a handgun, ammunition, or semiautomatic assault 
     weapon in violation of section 922(x)(2); and
       ``(II) the juvenile has not been convicted in any court of 
     an offense (including an offense under section 922(x) or a 
     similar State law, but not including any other offense 
     consisting of conduct that if engaged in by an adult would 
     not constitute an offense) or adjudicated as a juvenile 
     delinquent for conduct that if engaged in by an adult would 
     constitute an offense.

       ``(iii) School zones.--A juvenile shall be fined under this 
     title, imprisoned not more than 20 years, or both, if--

       ``(I) the offense of which the juvenile is charged is 
     possession of a handgun, ammunition, or semiautomatic assault 
     weapon in violation of section 922(x)(2); and
       ``(II) during the same course of conduct in violating 
     section 922(x)(2), the juvenile violated section 922(q), with 
     the intent to carry or otherwise possess or discharge or 
     otherwise use the handgun, ammunition, or semiautomatic 
     assault weapon in the commission of a violent felony.

       ``(C) Transfer to a juvenile.--A person other than a 
     juvenile who knowingly violates section 922(x)--
       ``(i) shall be fined under this title, imprisoned not less 
     than 1 year and not more than 5 years, or both; or
       ``(ii) if the person sold, delivered, or otherwise 
     transferred a handgun, ammunition, or semiautomatic assault 
     weapon to a juvenile knowing or having reasonable cause to 
     know that the juvenile intended to carry or otherwise possess 
     or discharge or otherwise use the handgun, ammunition, or 
     semiautomatic assault weapon in the commission of a violent 
     felony, shall be fined under this title and imprisoned not 
     less than 10 and not more than 20 years.
       ``(D) Cases in united states district court.--Except as 
     otherwise provided in this chapter, in any case in which a 
     juvenile is prosecuted in a district court of the United 
     States, and the juvenile is subject to the penalties under 
     subparagraph (B)(iii), the juvenile shall be subject to the 
     same laws, rules, and proceedings regarding sentencing 
     (including the availability of probation, restitution, fines, 
     forfeiture, imprisonment, and supervised release) that would 
     be applicable in the case of an adult.
       ``(E) No release at age 18.--No juvenile sentenced to a 
     term of imprisonment shall be released from custody solely 
     for the reason that the juvenile has reached the age of 18 
     years.''.
       (b) Unlawful Weapons Transfers to Juveniles.--Section 922 
     of title 18, United States Code, is amended by striking 
     subsection (x) and inserting the following:
       ``(x) Juveniles.--
       ``(1) Definition of juvenile.--In this subsection, the term 
     `juvenile' means a person who is less than 18 years of age.
       ``(2) Transfer to juveniles.--It shall be unlawful for a 
     person to sell, deliver, or otherwise transfer to a person 
     who the transferor knows or has reasonable cause to believe 
     is a juvenile--
       ``(A) a handgun;
       ``(B) ammunition that is suitable for use only in a 
     handgun; or
       ``(C) a semiautomatic assault weapon.
       ``(3) Possession by a juvenile.--It shall be unlawful for 
     any person who is a juvenile to knowingly possess--
       ``(A) a handgun;
       ``(B) ammunition that is suitable for use only in a 
     handgun; or
       ``(C) a semiautomatic assault weapon.
       ``(4) Applicability.--
       ``(A) In general.--This subsection does not apply to--
       ``(i) if the conditions stated in subparagraph (B) are met, 
     a temporary transfer of a handgun, ammunition, or 
     semiautomatic assault weapon to a juvenile or to the 
     possession or use of a handgun, ammunition, or semiautomatic 
     assault weapon by a juvenile if the handgun, ammunition, or 
     semiautomatic assault weapon is possessed and used by the 
     juvenile--

       ``(I) in the course of employment;
       ``(II) in the course of ranching or farming related to 
     activities at the residence of the juvenile (or on property 
     used for ranching or farming at which the juvenile, with the 
     permission of the property owner or lessee, is performing 
     activities related to the operation of the farm or ranch);
       ``(III) for target practice;
       ``(IV) for hunting; or
       ``(V) for a course of instruction in the safe and lawful 
     use of a handgun;

       ``(ii) a juvenile who is a member of the Armed Forces of 
     the United States or the National Guard who possesses or is 
     armed with a handgun, ammunition, or semiautomatic assault 
     weapon in the line of duty;
       ``(iii) a transfer by inheritance of title (but not 
     possession) of handgun, ammunition, or semiautomatic assault 
     weapon to a juvenile; or
       ``(iv) the possession of a handgun, ammunition, or 
     semiautomatic assault weapon taken in lawful defense of the 
     juvenile or other persons against an intruder into the 
     residence of the juvenile or a residence in which the 
     juvenile is an invited guest.
       ``(B) Temporary transfers.--Clause (i) shall apply if--
       ``(i) the juvenile's possession and use of a handgun, 
     ammunition, or semiautomatic assault weapon under this 
     paragraph are in accordance with State and local law; and
       ``(ii)(I)(aa) except when a parent or guardian of the 
     juvenile is in the immediate and supervisory presence of the 
     juvenile, the juvenile, at all times when a handgun, 
     ammunition, or semiautomatic assault weapon is in the 
     possession of the juvenile, has in the juvenile's possession 
     the prior written consent of the juvenile's parent or 
     guardian who is not prohibited by Federal, State, or local 
     law from possessing a firearm or ammunition; and
       ``(bb) during transportation by the juvenile directly from 
     the place of transfer to a place at which an activity 
     described in item (aa) is to take place, the firearm is 
     unloaded and in a locked container or case, and during the 
     transportation by the juvenile of the firearm, directly from 
     the place at which such an activity took place to the 
     transferor, the firearm is unloaded and in a locked container 
     or case; or
       ``(II) with respect to ranching or farming activities as 
     described in subparagraph (A)(i)(II)--

       ``(aa) a juvenile possesses and uses a handgun, ammunition, 
     or semiautomatic assault weapon with the prior written 
     approval of the juvenile's parent or legal guardian;
       ``(bb) the approval is on file with an adult who is not 
     prohibited by Federal, State, or local law from possessing a 
     firearm or ammunition; and
       ``(cc) the adult is directing the ranching or farming 
     activities of the juvenile.

       ``(5) Innocent transferors.--A handgun, ammunition, or 
     semiautomatic assault weapon, the possession of which is 
     transferred to a juvenile in circumstances in which the 
     transferor is not in violation under this subsection, shall 
     not be subject to permanent confiscation by the Government if 
     its possession by the juvenile subsequently becomes unlawful 
     because of the conduct of the juvenile, but shall be returned 
     to the lawful owner when the handgun, ammunition, or 
     semiautomatic assault weapon is no longer required by the 
     Government for the purposes of investigation or prosecution.
       ``(6) Attendance by parent or legal guardian as criminal 
     proceedings.--In a prosecution of a violation of this 
     subsection, the court--
       ``(A) shall require the presence of a juvenile defendant's 
     parent or legal guardian at all proceedings;

[[Page 11064]]

       ``(B) may use the contempt power to enforce subparagraph 
     (A); and
       ``(C) may excuse attendance of a parent or legal guardian 
     of a juvenile defendant for good cause.''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect 180 days after the date of enactment of 
     this Act.
                 Subtitle G--General Firearm Provisions

     SEC. 861. NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM 
                   IMPROVEMENTS.

       (a) Expedited Action by the Attorney General.--
       (1) In general.--The Attorney General shall expedite--
       (A) not later than 90 days after the date of enactment of 
     this section, a study of the feasibility of developing--
       ``(i) a single fingerprint convicted offender database in 
     the Federal criminal records system maintained by the Federal 
     Bureau of Investigation; and
       (ii) procedures under which a licensed firearm dealer may 
     voluntarily transmit to the National Instant Check System a 
     single digitalized fingerprint for prospective firearms 
     transferees;
       (B) the provision of assistance to States, under the Crime 
     Identification Technology Act of 1998 (112 Stat. 1871), in 
     gaining access to records in the National Instant Check 
     System disclosing the disposition of State criminal cases; 
     and
       (C) development of a procedure for the collection of data 
     identifying persons that are prohibited from possessing a 
     firearm by section 922(g) of title 18, United States Code, 
     including persons adjudicated as a mental defective, persons 
     committed to a mental institution, and persons subject to a 
     domestic violence restraining order.
       (2) Considerations.--In developing procedures under 
     paragraph (1), the Attorney General shall consider the 
     privacy needs of individuals.
       (b) Compatibility of Ballistics Information Systems.--The 
     Attorney General and the Secretary of the Treasury shall 
     ensure the integration and interoperability of ballistics 
     identification systems maintained by the Federal Bureau of 
     Investigation and the Bureau of Alcohol, Tobacco, and 
     Firearms through the National Integrated Ballistics 
     Information Network.
       (c) Forensic Laboratory Inspection.--The Attorney General 
     shall provide financial assistance to the American Academy of 
     Forensic Science Laboratory Accreditation Board to be used to 
     facilitate forensic laboratory inspection activities.
       (d) Relief From Disability Database.--Section 925(c) of 
     title 18, United States Code, is amended--
       (1) by striking ``(c) A person'' and inserting the 
     following:
       ``(c) Relief From Disabilities.--
       ``(1) In general.--A person''; and
       (2) by adding at the end the following:
       ``(2) Database.--The Secretary shall establish a database, 
     accessible through the National Instant Check System, 
     identifying persons who have been granted relief from 
     disability under paragraph (1).''.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated for fiscal year 2000--
       (1) to pay the costs of the Federal Bureau of Investigation 
     in operating the National Instant Check System, $68,000,000;
       (2) for payments to States that act as points of contact 
     for access to the National Instant Check System, $40,000,000;
       (3) to carry out subsection (a)(1), $40,000,000;
       (4) to carry out subsection (a)(3), $25,000,000;
       (5) to carry out subsection (b), $1,150,000; and
       (6) to carry out subsection (c), $1,000,000.
       (f) Increased Authorization.--Section 102(e)(1) of the 
     Crime Identification Technology Act of 1998 (42 U.S.C. 
     14601(e)(1)) is amended by striking ``this section'' and all 
     that follows and inserting ``this section--
       ``(A) $250,000,000 for fiscal year 1999;
       ``(B) $350,000,000 for each of fiscal years 2000 through 
     2003.''.
                      TITLE IX--ENHANCED PENALTIES

     SEC. 901. STRAW PURCHASES.

       (a) In General.--Section 924(a) of title 18, United States 
     Code, is amended by adding at the end the following:
       ``(7)(A) Notwithstanding paragraph (2), whoever knowingly 
     violates section 922(a)(6) for the purpose of selling, 
     delivering, or otherwise transferring a firearm, knowing or 
     having reasonable cause to know that another person will 
     carry or otherwise possess or discharge or otherwise use the 
     firearm in the commission of a violent felony, shall be--
       ``(i) fined under this title, imprisoned not more than 15 
     years, or both; or
       ``(ii) imprisoned not less than 10 and not more than 20 
     years and fined under this title, if the procurement is for a 
     juvenile.
       ``(B) In this paragraph--
       ``(i) the term `juvenile' has the meaning given the term in 
     section 922(x); and
       ``(ii) the term `violent felony' has the meaning given the 
     term in subsection (e)(2)(B).''.
       (b) Effective Date.--The amendment made by this section 
     shall take effect 180 days after the date of enactment of 
     this Act.

     SEC. 902. STOLEN FIREARMS.

       (a) In General.--Section 924 of title 18, United States 
     Code, is amended--
       (1) in subsection (a)--
       (A) in paragraph (2), by striking ``(i), (j),''; and
       (B) by adding at the end the following:
       ``(8) Whoever knowingly violates subsection (i) or (j) of 
     section 922 shall be fined under this title, imprisoned not 
     more than 15 years, or both.'';
       (2) in subsection (i)(1), by striking by striking ``10 
     years, or both'' and inserting ``15 years, or both''; and
       (3) in subsection (l), by striking ``10 years, or both'' 
     and inserting ``15 years, or both''.
       (b) Sentencing Commission.--The United States Sentencing 
     Commission shall amend the Federal sentencing guidelines to 
     reflect the amendments made by subsection (a).

     SEC. 903. INCREASE IN PENALTIES FOR CRIMES INVOLVING 
                   FIREARMS.

       Section 924 of title 18, United States Code, is amended--
       (1) in subsection (c)(1)(A)--
       (A) in clause (iii), by striking ``10 years.'' and 
     inserting ``12 years; and''; and
       (B) by adding at the end the following:
       ``(iv) if the firearm is used to injure another person, be 
     sentenced to a term of imprisonment of not less than 15 
     years.''; and
       (2) in subsection (h), by striking ``imprisoned not more 
     than 10 years'' and inserting ``imprisoned not less than 5 
     years and not more than 10 years''.

     SEC. 904. INCREASED PENALTIES FOR DISTRIBUTING DRUGS TO 
                   MINORS.

       Section 418 of the Controlled Substances Act (21 U.S.C. 
     859) is amended--
       (1) in subsection (a), by striking ``one year'' and 
     inserting ``3 years''; and
       (2) in subsection (b), by striking ``one year'' and 
     inserting ``5 years''.

     SEC. 905. INCREASED PENALTY FOR DRUG TRAFFICKING IN OR NEAR A 
                   SCHOOL OR OTHER PROTECTED LOCATION.

       Section 419 of the Controlled Substances Act (21 U.S.C. 
     860) is amended--
       (1) in subsection (a), by striking ``one year'' and 
     inserting ``3 years''; and
       (2) in subsection (b), by striking ``three years'' each 
     place that term appears and inserting ``5 years''.
                     TITLE X--CHILD HANDGUN SAFETY

     SEC. 1001. SHORT TITLE.

       This title may be cited as the ``Safe Handgun Storage and 
     Child Handgun Safety Act of 1999''.

     SEC. 1002. PURPOSES.

       The purposes of this title are as follows:
       (1) To promote the safe storage and use of handguns by 
     consumers.
       (2) To prevent unauthorized persons from gaining access to 
     or use of a handgun, including children who may not be in 
     possession of a handgun, unless it is under one of the 
     circumstances provided for in the Youth Handgun Safety Act.
       (3) To avoid hindering industry from supplying law abiding 
     citizens firearms for all lawful purposes, including hunting, 
     self-defense, collecting and competitive or recreational 
     shooting.

     SEC. 1003. FIREARMS SAFETY.

       (a) Unlawful Acts.--
       (1) Mandatory transfer of secure gun storage or safety 
     device.--Section 922 of title 18, United States Code, is 
     amended by inserting after subsection (y) the following:
       ``(z) Secure Gun Storage or Safety Device.--
       ``(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 any person licensed 
     under the provisions of this chapter, unless the transferee 
     is provided with a secure gun storage or safety device, as 
     described in section 921(a)(35) of this chapter, for that 
     handgun.
       ``(2) Exceptions.--Paragraph (1) does not apply to the--
       ``(A)(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 handgun; or
       ``(ii) transfer to, or possession by, a law enforcement 
     officer employed by an entity referred to in clause (i) of a 
     handgun for law enforcement purposes (whether on or off 
     duty); or
       ``(B) 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 handgun for 
     purposes of law enforcement (whether on or off duty);
       ``(C) transfer to any person of a handgun listed as a curio 
     or relic by the Secretary pursuant to section 921(a)(13); or
       ``(D) transfer to any person of a handgun for which a 
     secure gun storage or safety device is temporarily 
     unavailable for the reasons described in the exceptions 
     stated in section 923(e): Provided, That the licensed 
     manufacturer, licensed importer, or licensed dealer delivers 
     to the transferee within 10 calendar days from the date of 
     the delivery of the handgun to the transferee a secure gun 
     storage or safety device for the handgun.
       ``(3) Liability for use.--(A) Notwithstanding any other 
     provision of law, a person who has lawful possession and 
     control of a handgun, and who uses a secure gun storage or 
     safety device with the handgun, shall be

[[Page 11065]]

     entitled to immunity from a civil liability action as 
     described in this paragraph.
       ``(B) Prospective actions.--A qualified civil liability 
     action may not be brought in any Federal or State court. The 
     term `qualified civil liability action' means a civil action 
     brought by any person against a person described in 
     subparagraph (A) for damages resulting from the criminal or 
     unlawful misuse of the handgun by a third party, where--
       ``(i) the handgun was accessed by another person who did 
     not have the permission or authorization of the person having 
     lawful possession and control of the handgun to have access 
     to it; and
       ``(ii) at the time access was gained by the person not so 
     authorized, the handgun had been made inoperable by use of a 
     secure gun storage or safety device.
     A `qualified civil liability action' shall not include an 
     action brought against the person having lawful possession 
     and control of the handgun for negligent entrustment or 
     negligence per se.''.
       (b) 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 Secure Gun Storage or Safety 
     Device.--
       ``(1) In general.--
       ``(A) Suspension or revocation of license; civil 
     penalties.--With respect to each violation of section 
     922(z)(1) by a licensed manufacturer, licensed importer, or 
     licensed dealer, the Secretary may, after notice and 
     opportunity for hearing--
       ``(i) suspend for up to six months, or revoke, the license 
     issued to the licensee under this chapter that was used to 
     conduct the firearms transfer; or
       ``(ii) subject the licensee to a civil penalty in an amount 
     equal to not more than $2,500.
       ``(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.''.
       (c) Liability; Evidence.--
       (1) Liability.--Nothing in this title shall be construed 
     to--
       (A) create a cause of action against any Federal firearms 
     licensee 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 title 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 
     paragraphs (1) and (2) of section 922(z), or to give effect 
     to paragraph (3) of section 922(z).
       (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(z) of that title.

     SEC. 1004. EFFECTIVE DATE.

       This title and the amendments made by this title shall take 
     effect 180 days after the date of enactment of this Act.
            TITLE XI--SCHOOL SAFETY AND VIOLENCE PREVENTION

     SEC. 1101. SCHOOL SAFETY AND VIOLENCE PREVENTION.

       Title XIV of the Elementary and Secondary Education Act of 
     1965 (20 U.S.C. 8801 et seq.) is amended by adding at the end 
     the following:

            ``PART I--SCHOOL SAFETY AND VIOLENCE PREVENTION

     ``SEC. 14851. SCHOOL SAFETY AND VIOLENCE PREVENTION.

       ``Notwithstanding any other provision of titles IV and VI, 
     funds made available under such titles may be used for--
       ``(1) training, including in-service training, for school 
     personnel (including custodians and bus drivers), with 
     respect to--
       ``(A) identification of potential threats, such as illegal 
     weapons and explosive devices;
       ``(B) crisis preparedness and intervention procedures; and
       ``(C) emergency response;
       ``(2) training for parents, teachers, school personnel and 
     other interested members of the community regarding the 
     identification and responses to early warning signs of 
     troubled and violent youth;
       ``(3) innovative research-based delinquency and violence 
     prevention programs, including--
       ``(A) school anti-violence programs; and
       ``(B) mentoring programs;
       ``(4) comprehensive school security assessments;
       ``(5) purchase of school security equipment and 
     technologies, such as--
       ``(A) metal detectors;
       ``(B) electronic locks; and
       ``(C) surveillance cameras;
       ``(6) collaborative efforts with community-based 
     organizations, including faith-based organizations, statewide 
     consortia, and law enforcement agencies, that have 
     demonstrated expertise in providing effective, research-based 
     violence prevention and intervention programs to school aged 
     children;
       ``(7) providing assistance to States, local educational 
     agencies, or schools to establish school uniform policies;
       ``(8) school resource officers, including community 
     policing officers; and
       ``(9) other innovative, local responses that are consistent 
     with reducing incidents of school violence and improving the 
     educational atmosphere of the classroom.''.

     SEC. 1102. STUDY.

       (a) Study.--The Comptroller General shall carry out a study 
     regarding school safety issues, including examining--
       (1) incidents of school-based violence in the United 
     States;
       (2) impediments to combating school-based violence, 
     including local, state, and Federal education and law 
     enforcement impediments;
       (3) promising initiatives for addressing school-based 
     violence;
       (4) crisis preparedness of school personnel;
       (5) preparedness of local, State, and Federal law 
     enforcement to address incidents of school-based violence; 
     and
       (6) evaluating current school violence prevention programs.
       (b) Report.--The Comptroller General shall prepare and 
     submit to Congress a report regarding the results of the 
     study conducted under paragraph (1).

     SEC. 1103. SCHOOL UNIFORMS.

       Part E of title XIV of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 8891 et seq.) is amended by 
     adding at the end the following:

     ``SEC. 14515. SCHOOL UNIFORMS.

       ``(a) Construction.--Nothing in this Act shall be construed 
     to prohibit any State, local educational agency, or school 
     from establishing a school uniform policy.
       ``(b) Funding.--Notwithstanding any other provision of law, 
     funds provided under titles IV and VI may be used for 
     establishing a school uniform policy.''.

     SEC. 1104. TRANSFER OF SCHOOL DISCIPLINARY RECORDS.

       Part F of title XIV of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 8921 et seq.) is amended by 
     adding after section 14603 (20 U.S.C. 8923) the following:

     ``SEC. 14604. TRANSFER OF SCHOOL DISCIPLINARY RECORDS.

       ``(a) Nonapplication of Provisions.--The provisions of this 
     section shall not apply to any disciplinary records 
     transferred from a private, parochial, or other nonpublic 
     school, person, institution, or other entity, that provides 
     education below the college level.
       ``(b) Disciplinary Records.--Not later than 2 years after 
     the date of enactment of the Violent and Repeat Juvenile 
     Offender Accountability and Rehabilitation Act of 1999, each 
     State receiving Federal funds under this Act shall provide an 
     assurance to the Secretary that the State has a procedure in 
     place to facilitate the transfer of disciplinary records by 
     local educational agencies to any private or public 
     elementary school or secondary school for any student who is 
     enrolled or seeks, intends, or is instructed to enroll, full-
     time or part-time, in the school.

     SEC. 1105. SCHOOL VIOLENCE RESEARCH.

       The Attorney General shall establish at the National Center 
     for Rural Law Enforcement in Little Rock, Arkansas, a 
     research center that shall serve as a resource center or 
     clearinghouse for school violence research. The research 
     center shall conduct, compile, and publish school violence 
     research and otherwise conduct activities related to school 
     violence research, including--
       (1) the collection, categorization, and analysis of data 
     from students, schools, communities, parents, law enforcement 
     agencies, medical providers, and others for use in efforts to 
     improve school security and otherwise prevent school 
     violence;
       (2) the identification and development of strategies to 
     prevent school violence; and
       (3) the development and implementation of curricula 
     designed to assist local educational agencies and law 
     enforcement agencies in the prevention of or response to 
     school violence.

     SEC. 1106. NATIONAL CHARACTER ACHIEVEMENT AWARD.

       (a) Presentation Authorized.--The President is authorized 
     to award to individuals under the age of 18, on behalf of the 
     Congress, a National Character Achievement Award, consisting 
     of medal of appropriate design, with ribbons and 
     appurtenances, honoring those individuals for distinguishing 
     themselves as a model of good character.
       (b) Design and Striking.--For the purposes of the award 
     referred to in subsection (a), the Secretary of the Treasury 
     shall design and strike a medal with suitable emblems, 
     devices, and inscriptions, to be determined by the Secretary.
       (c) Eligibility.--
       (1) In general.--The President pro tempore of the Senate 
     and the Speaker of the House of Representatives shall 
     establish procedures for processing recommendations to be 
     forwarded to the President for awarding National Character 
     Achievement Award under subsection (a).
       (2) Recommendations by school principals.--At a minimum, 
     the recommendations referred to in paragraph (1) shall 
     contain the endorsement of the principal (or equivalent 
     official) of the school in which the individual under the age 
     of 18 is enrolled.

[[Page 11066]]



     SEC. 1107. NATIONAL COMMISSION ON CHARACTER DEVELOPMENT.

       (a) Establishment.--There is established a commission to be 
     known as the National Commission on Character Development 
     (referred to in this section as the ``Commission'').
       (b) Membership.--
       (1) Appointing authority.--The Commission shall consist of 
     36 members, of whom--
       (A) 12 shall be appointed by the President;
       (B) 12 shall be appointed by the Speaker of the House of 
     Representatives; and
       (C) 12 shall be appointed by the President pro tempore of 
     the Senate, on the recommendation of the majority and 
     minority leaders of the Senate.
       (2) Composition.--The President, the Speaker of the House 
     of Representatives, and the President pro tempore of the 
     Senate shall each appoint as members of the Commission--
       (A) 1 parent;
       (B) 1 student;
       (C) 2 representatives of the entertainment industry 
     (including the segments of the industry relating to audio, 
     video, and multimedia entertainment);
       (D) 2 members of the clergy;
       (E) 2 representatives of the information or technology 
     industry;
       (F) 1 local law enforcement official;
       (G) 2 individuals who have engaged in academic research 
     with respect to the impact of cultural influences on child 
     development and juvenile crime; and
       (H) 1 representative of a grassroots organization engaged 
     in community and child intervention programs.
       (3) Period of appointment.--Members shall be appointed for 
     the life of the Commission. Any vacancy in the Commission 
     shall not affect its powers, but shall be filled in the same 
     manner as the original appointment.
       (c) Duties of the Commission.--
       (1) Study.--The Commission shall study and make 
     recommendations with respect to the impact of current 
     cultural influences (as of the date of the study) on the 
     process of developing and instilling the key aspects of 
     character, which include trustworthiness, honesty, integrity, 
     an ability to keep promises, loyalty, respect, 
     responsibility, fairness, a caring nature, and good 
     citizenship.
       (2) Reports.--
       (A) Interim reports.--The Commission shall submit to the 
     President and Congress such interim reports relating to the 
     study as the Commission considers to be appropriate.
       (B) Final report.--Not later than 2 years after the date of 
     the enactment of this Act, the Commission shall submit a 
     final report to the President and Congress that shall contain 
     a detailed statement of the findings and conclusions of the 
     Commission resulting from the study, together with 
     recommendations for such legislation and administrative 
     actions as the Commission considers to be appropriate.
       (d) Chairperson.--The Commission shall select a Chairperson 
     from among the members of the Commission.
       (e) Powers of the Commission.--
       (1) Hearings.--The Commission may hold such hearings, sit 
     and act at such times and places, take such testimony, and 
     receive such evidence as the Commission considers advisable 
     to carry out the purposes of this Act.
       (2) Information from federal agencies.--The Commission may 
     secure directly from any Federal department or agency such 
     information as the Commission considers necessary to carry 
     out the provisions of this Act. Upon request of the Chairman 
     of the Commission, the head of such department or agency 
     shall furnish such information to the Commission.
       (3) Postal services.--The Commission may use the United 
     States mails in the same manner and under the same conditions 
     as other departments and agencies of the Federal Government.
       (4) Gifts.--The Commission may accept, use, and dispose of 
     gifts or donations of services or property.
       (f) Commission Personnel Matters.--
       (1) Travel expenses.--The members of the Commission shall 
     not receive compensation for the performance of services for 
     the Commission, but shall be allowed travel expenses, 
     including per diem in lieu of subsistence, at rates 
     authorized for employees of agencies under subchapter I of 
     chapter 57 of title 5, United States Code, while away from 
     their homes or regular places of business in the performance 
     of services for the Commission.
       (2) Detail of government employees.--Any Federal Government 
     employee may be detailed to the Commission without 
     reimbursement, and the detail shall be without interruption 
     or loss of civil service status or privilege.
       (g) Permanent Commission.--Section 14 of the Federal 
     Advisory Committee Act (5 U.S.C. App.) shall not apply to the 
     Commission.
       (h) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section such sums as may 
     be necessary for each of fiscal years 2000 and 2001.

     SEC. 1108. JUVENILE ACCESS TO TREATMENT.

       (a) Coordinated Juvenile Services Grants.--Title II of the 
     Juvenile Justice and Delinquency Prevention Act of 1974 (42 
     U.S.C. 5611 et seq.) is amended by inserting after section 
     205 the following:

     ``SEC. 205A. COORDINATED JUVENILE SERVICES GRANTS.

       ``(a) In General.--The Attorney General, in consultation 
     with the Secretary of Health and Human Services, working in 
     conjunction with the Center for Substance Abuse of the 
     Substance Abuse and Mental Health Services Administration, 
     may make grants to a consortium within a State of State or 
     local juvenile justice agencies or State or local substance 
     abuse and mental health agencies, and child service agencies 
     to coordinate the delivery of services to children among 
     these agencies. Any public agency may serve as the lead 
     entity for the consortium.
       ``(b) Use of Funds.--A consortium described in subsection 
     (a) that receives a grant under this section shall use the 
     grant for the establishment and implementation of programs 
     that address the service needs of adolescents with substance 
     abuse or mental health treatment problems, including those 
     who come into contact with the justice system by requiring 
     the following:
       ``(1) Collaboration across child serving systems, including 
     juvenile justice agencies, relevant public and private 
     substance abuse and mental health treatment providers, and 
     State or local educational entities and welfare agencies.
       ``(2) Appropriate screening and assessment of juveniles.
       ``(3) Individual treatment plans.
       ``(4) Significant involvement of juvenile judges where 
     appropriate.
       ``(c) Application for Coordinated Juvenile Services 
     Grant.--
       ``(1) In general.--A consortium described in subsection (a) 
     desiring to receive a grant under this section shall submit 
     an application containing such information as the 
     Administrator may prescribe.
       ``(2) Contents.--In addition to guidelines established by 
     the Administrator, each application submitted under paragraph 
     (1) shall provide--
       ``(A) certification that there has been appropriate 
     consultation with all affected agencies and that there will 
     be appropriate coordination with all affected agencies in the 
     implementation of the program;
       ``(B) for the regular evaluation of the program funded by 
     the grant and describe the methodology that will be used in 
     evaluating the program;
       ``(C) assurances that the proposed program or activity will 
     not supplant similar programs and activities currently 
     available in the community; and
       ``(D) specify plans for obtaining necessary support and 
     continuing the proposed program following the conclusion of 
     Federal support.
       ``(3) Federal share.--The Federal share of a grant under 
     this section shall not exceed 75 percent of the cost of the 
     program.
       ``(d) Report.--Each recipient of a grant under this section 
     during a fiscal year shall submit to the Attorney General a 
     report regarding the effectiveness of programs established 
     with the grant on the date specified by the Attorney General.
       ``(e) Funding.--Grants under this section shall be 
     considered an allowable use under section 205(a) and subtitle 
     B.''.

     SEC. 1109. BACKGROUND CHECKS.

       Section 5(9) of the National Child Protection Act of 1993 
     (42 U.S.C. 5119c(9)) is amended--
       (1) in subparagraph (A)(i), by inserting ``(including an 
     individual who is employed by a school in any capacity, 
     including as a child care provider, a teacher, or another 
     member of school personnel)'' before the semicolon; and
       (2) in subparagraph (B)(i), by inserting ``(including an 
     individual who seeks to be employed by a school in any 
     capacity, including as a child care provider, a teacher, or 
     another member of school personnel)'' before the semicolon.

     SEC. 1110. DRUG TESTS.

       (a) Short Title.--This section may be cited as the ``School 
     Violence Prevention Act''.
       (b) Amendment.--Section 4116(b) of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 7116(b)) is 
     amended--
       (1) in paragraph (9), by striking ``and'' after the 
     semicolon;
       (2) by redesignating paragraph (10) as paragraph (11); and
       (3) by inserting after paragraph (9) the following:
       ``(10) consistent with the fourth amendment to the 
     Constitution of the United States, testing a student for 
     illegal drug use, including at the request of or with the 
     consent of a parent or legal guardian of the student, if the 
     local educational agency elects to so test; and''.

     SEC. 1111. SENSE OF THE SENATE.

       It is the sense of the Senate that States receiving Federal 
     elementary and secondary education funding should require 
     local educational agencies to conduct, for each of their 
     employees (regardless of when hired) and prospective 
     employees, a nationwide background check for the purpose of 
     determining whether the employee has been convicted of a 
     crime that bears upon his fitness to have responsibility for 
     the safety or well-being of children, to serve in the 
     particular

[[Page 11067]]

     capacity in which he is (or is to be) employed, or otherwise 
     to be employed at all thereby.
              TITLE XII--TEACHER LIABILITY PROTECTION ACT

     SEC. 1201. SHORT TITLE.

       This title may be cited as the ``Teacher Liability 
     Protection Act of 1999''.

     SEC. 1202. FINDINGS AND PURPOSE.

       (a) Findings.--Congress makes the following findings:
       (1) The ability of teachers, principals and other school 
     professionals to teach, inspire and shape the intellect of 
     our Nation's elementary and secondary school students is 
     deterred and hindered by frivolous lawsuits and litigation.
       (2) Each year more and more teachers, principals and other 
     school professionals face lawsuits for actions undertaken as 
     part of their duties to provide millions of school children 
     quality educational opportunities.
       (3) Too many teachers, principals and other school 
     professionals face increasingly severe and random acts of 
     violence in the classroom and in schools.
       (4) Providing teachers, principals and other school 
     professionals a safe and secure environment is an important 
     part of the effort to improve and expand educational 
     opportunities.
       (5) Clarifying and limiting the liability of teachers, 
     principals and other school professionals who undertake 
     reasonable actions to maintain order, discipline and an 
     appropriate educational environment is an appropriate subject 
     of Federal legislation because--
       (A) the national scope of the problems created by the 
     legitimate fears of teachers, principals and other school 
     professionals about frivolous, arbitrary or capricious 
     lawsuits against teachers; and
       (B) millions of children and their families across the 
     Nation depend on teachers, principals and other school 
     professionals for the intellectual development of the 
     children.
       (b) Purpose.--The purpose of this title is to provide 
     teachers, principals and other school professionals the tools 
     they need to undertake reasonable actions to maintain order, 
     discipline and an appropriate educational environment.

     SEC. 1203. PREEMPTION AND ELECTION OF STATE NONAPPLICABILITY.

       (a) Preemption.--This title preempts the laws of any State 
     to the extent that such laws are inconsistent with this 
     title, except that this title shall not preempt any State law 
     that provides additional protection from liability relating 
     to teachers.
       (b) Election of State Regarding Nonapplicability.--This 
     title shall not apply to any civil action in a State court 
     against a teacher in which all parties are citizens of the 
     State if such State enacts a statute in accordance with State 
     requirements for enacting legislation--
       (1) citing the authority of this subsection;
       (2) declaring the election of such State that this title 
     shall not apply, as of a date certain, to such civil action 
     in the State; and
       (3) containing no other provisions.

     SEC. 1204. LIMITATION ON LIABILITY FOR TEACHERS.

       (a) Liability Protection for Teachers.--Except as provided 
     in subsections (b) and (d), no teacher in a school shall be 
     liable for harm caused by an act or omission of the teacher 
     on behalf of the school if--
       (1) the teacher was acting within the scope of the 
     teacher's employment or responsibilities related to providing 
     educational services;
       (2) the actions of the teacher were carried out in 
     conformity with local, state, or federal laws, rules or 
     regulations in furtherance of efforts to control, discipline, 
     expel, or suspend a student or maintain order or control in 
     the classroom or school;
       (3) if appropriate or required, the teacher was properly 
     licensed, certified, or authorized by the appropriate 
     authorities for the activities or practice in the State in 
     which the harm occurred, where the activities were or 
     practice was undertaken within the scope of the teacher's 
     responsibilities;
       (4) the harm was not caused by willful or criminal 
     misconduct, gross negligence, reckless misconduct, or a 
     conscious, flagrant indifference to the rights or safety of 
     the individual harmed by the teacher; and
       (5) the harm was not caused by the teacher operating a 
     motor vehicle, vessel, aircraft, or other vehicle for which 
     the State requires the operator or the owner of the vehicle, 
     craft, or vessel to--
       (A) possess an operator's license; or
       (B) maintain insurance.
       (b) Concerning Responsibility of Teachers to Schools and 
     Governmental Entities.--Nothing in this section shall be 
     construed to affect any civil action brought by any school or 
     any governmental entity against any teacher of such school.
       (c) No Effect on Liability of School or Governmental 
     Entity.--Nothing in this section shall be construed to affect 
     the liability of any school or governmental entity with 
     respect to harm caused to any person.
       (d) Exceptions to Teacher Liability Protection.--If the 
     laws of a State limit teacher liability subject to one or 
     more of the following conditions, such conditions shall not 
     be construed as inconsistent with this section:
       (1) A State law that requires a school or governmental 
     entity to adhere to risk management procedures, including 
     mandatory training of teachers.
       (2) A State law that makes the school or governmental 
     entity liable for the acts or omissions of its teachers to 
     the same extent as an employer is liable for the acts or 
     omissions of its employees.
       (3) A State law that makes a limitation of liability 
     inapplicable if the civil action was brought by an officer of 
     a State or local government pursuant to State or local law.
       (e) Limitation on Punitive Damages Based on the Actions of 
     Teachers.--
       (1) General rule.--Punitive damages may not be awarded 
     against a teacher in an action brought for harm based on the 
     action of a teacher acting within the scope of the teacher's 
     responsibilities to a school or governmental entity unless 
     the claimant establishes by clear and convincing evidence 
     that the harm was proximately caused by an action of such 
     teacher which constitutes willful or criminal misconduct, or 
     a conscious, flagrant indifference to the rights or safety of 
     the individual harmed.
       (2) Construction.--Paragraph (1) does not create a cause of 
     action for punitive damages and does not preempt or supersede 
     any Federal or State law to the extent that such law would 
     further limit the award of punitive damages.
       (f) Exceptions to Limitations on Liability.--
       (1) In general.--The limitations on the liability of a 
     teacher under this title shall not apply to any misconduct 
     that--
       (A) constitutes a crime of violence (as that term is 
     defined in section 16 of title 18, United States Code) or act 
     of international terrorism (as that term is defined in 
     section 2331 of title 18, United States Code) for which the 
     defendant has been convicted in any court;
       (B) involves a sexual offense, as defined by applicable 
     State law, for which the defendant has been convicted in any 
     court;
       (C) involves misconduct for which the defendant has been 
     found to have violated a Federal or State civil rights law; 
     or
       (D) where the defendant was under the influence (as 
     determined pursuant to applicable State law) of intoxicating 
     alcohol or any drug at the time of the misconduct.
       (2) Rule of construction.--Nothing in this subsection shall 
     be construed to effect subsection (a)(3) or (e).

     SEC. 1205. LIABILITY FOR NONECONOMIC LOSS.

       (a) General Rule.--In any civil action against a teacher, 
     based on an action of a teacher acting within the scope of 
     the teacher's responsibilities to a school or governmental 
     entity, the liability of the teacher for noneconomic loss 
     shall be determined in accordance with subsection (b).
       (b) Amount of Liability.--
       (1) In general.--Each defendant who is a teacher, shall be 
     liable only for the amount of noneconomic loss allocated to 
     that defendant in direct proportion to the percentage of 
     responsibility of that defendant (determined in accordance 
     with paragraph (2)) for the harm to the claimant with respect 
     to which that defendant is liable. The court shall render a 
     separate judgment against each defendant in an amount 
     determined pursuant to the preceding sentence.
       (2) Percentage of responsibility.--For purposes of 
     determining the amount of noneconomic loss allocated to a 
     defendant who is a teacher under this section, the trier of 
     fact shall determine the percentage of responsibility of that 
     defendant for the claimant's harm.

     SEC. 1206. DEFINITIONS.

       For purposes of this title:
       (1) Economic loss.--The term ``economic loss'' means any 
     pecuniary loss resulting from harm (including the loss of 
     earnings or other benefits related to employment, medical 
     expense loss, replacement services loss, loss due to death, 
     burial costs, and loss of business or employment 
     opportunities) to the extent recovery for such loss is 
     allowed under applicable State law.
       (2) Harm.--The term ``harm'' includes physical, 
     nonphysical, economic, and noneconomic losses.
       (3) Noneconomic losses.--The term ``noneconomic losses'' 
     means losses for physical and emotional pain, suffering, 
     inconvenience, physical impairment, mental anguish, 
     disfigurement, loss of enjoyment of life, loss of society and 
     companionship, loss of consortium (other than loss of 
     domestic service), hedonic damages, injury to reputation and 
     all other nonpecuniary losses of any kind or nature.
       (4) School.--The term ``school'' means a public or private 
     kindergarten, a public or private elementary school or 
     secondary school (as defined in section 14101 of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     8801)), or a home school.
       (5) State.--The term ``State'' means each of the several 
     States of the United States, the District of Columbia, the 
     Commonwealth of Puerto Rico, the United States Virgin 
     Islands, Guam, American Samoa, the Commonwealth of the 
     Northern Mariana Islands, any other territory or possession 
     of the United States, or any political subdivision of any 
     such State, territory, or possession.
       (6) Teacher.--The term ``teacher'' means a teacher, 
     instructor, principal, administrator,

[[Page 11068]]

     or other educational professional, that works in a school.

     SEC. 1207. EFFECTIVE DATE.

       (a) In General.--This title shall take effect 90 days after 
     the date of enactment of this Act.
       (b) Application.--This title applies to any claim for harm 
     caused by an act or omission of a teacher where that claim is 
     filed on or after the effective date of this Act, without 
     regard to whether the harm that is the subject of the claim 
     or the conduct that caused the harm occurred before such 
     effective date.
 TITLE XIII--VIOLENCE PREVENTION TRAINING FOR EARLY CHILDHOOD EDUCATORS

     SEC. 1301. SHORT TITLE.

       This title may be cited as the ``Violence Prevention 
     Training for Early Childhood Educators Act''.

     SEC. 1302. PURPOSE.

       The purpose of this title is to provide grants to 
     institutions that carry out early childhood education 
     training programs to enable the institutions to include 
     violence prevention training as part of the preparation of 
     individuals pursuing careers in early childhood development 
     and education.

     SEC. 1303. FINDINGS.

       Congress makes the following findings:
       (1) Aggressive behavior in early childhood is the single 
     best predictor of aggression in later life.
       (2) Aggressive and defiant behavior predictive of later 
     delinquency is increasing among our Nation's youngest 
     children. Without prevention efforts, higher percentages of 
     juveniles are likely to become violent juvenile offenders.
       (3) Research has demonstrated that aggression is primarily 
     a learned behavior that develops through observation, 
     imitation, and direct experience. Therefore, children who 
     experience violence as victims or as witnesses are at 
     increased risk of becoming violent themselves.
       (4) In a study at a Boston city hospital, 1 out of every 10 
     children seen in the primary care clinic had witnessed a 
     shooting or a stabbing before the age of 6, with 50 percent 
     of the children witnessing in the home and 50 percent of the 
     children witnessing in the streets.
       (5) A study in New York found that children who had been 
     victims of violence within their families were 24 percent 
     more likely to report violent behavior as adolescents, and 
     adolescents who had grown up in families where partner 
     violence occurred were 21 percent more likely to report 
     violent delinquency than individuals not exposed to violence.
       (6) Aggression can become well-learned and difficult to 
     change by the time a child reaches adolescence. Early 
     childhood offers a critical period for overcoming risk for 
     violent behavior and providing support for prosocial 
     behavior.
       (7) Violence prevention programs for very young children 
     yield economic benefits. By providing health and stability to 
     the individual child and the child's family, the programs may 
     reduce expenditures for medical care, special education, and 
     involvement with the judicial system.
       (8) Primary prevention can be effective. When preschool 
     teachers teach young children interpersonal problem-solving 
     skills and other forms of conflict resolution, children are 
     less likely to demonstrate problem behaviors.
       (9) There is evidence that family support programs in 
     families with children from birth through 5 years of age are 
     effective in preventing delinquency.

     SEC. 1304. DEFINITIONS.

       In this title:
       (1) At-risk child.--The term ``at-risk child'' means a 
     child who has been affected by violence through direct 
     exposure to child abuse, other domestic violence, or violence 
     in the community.
       (2) Early childhood education training program.--The term 
     ``early childhood education training program'' means a 
     program that--
       (A)(i) trains individuals to work with young children in 
     early child development programs or elementary schools; or
       (ii) provides professional development to individuals 
     working in early child development programs or elementary 
     schools;
       (B) provides training to become an early childhood 
     education teacher, an elementary school teacher, a school 
     counselor, or a child care provider; and
       (C) leads to a bachelor's degree or an associate's degree, 
     a certificate for working with young children (such as a 
     Child Development Associate's degree or an equivalent 
     credential), or, in the case of an individual with such a 
     degree, certificate, or credential, provides professional 
     development.
       (3) Elementary school.--The term ``elementary school'' has 
     the meaning given the term in section 14101 of the Elementary 
     and Secondary Education Act of 1965 (20 U.S.C. 8801).
       (4) Violence prevention.--The term ``violence prevention'' 
     means--
       (A) preventing violent behavior in children;
       (B) identifying and preventing violent behavior in at-risk 
     children; or
       (C) identifying and ameliorating violent behavior in 
     children who act out violently.

     SEC. 1305. PROGRAM AUTHORIZED.

       (a) Grant Authority.--The Secretary of Education is 
     authorized to award grants to institutions that carry out 
     early childhood education training programs and have 
     applications approved under section 1306 to enable the 
     institutions to provide violence prevention training as part 
     of the early childhood education training program.
       (b) Amount.--The Secretary of Education shall award a grant 
     under this title in an amount that is not less than $500,000 
     and not more than $1,000,000.
       (c) Duration.--The Secretary of Education shall award a 
     grant under this title for a period of not less than 3 years 
     and not more than 5 years.

     SEC. 1306. APPLICATION.

       (a) Application Required.--Each institution desiring a 
     grant under this title shall submit to the Secretary of 
     Education an application at such time, in such manner, and 
     accompanied by such information as the Secretary of Education 
     may require.
       (b) Contents.--Each application shall--
       (1) describe the violence prevention training activities 
     and services for which assistance is sought;
       (2) contain a comprehensive plan for the activities and 
     services, including a description of--
       (A) the goals of the violence prevention training program;
       (B) the curriculum and training that will prepare students 
     for careers which are described in the plan;
       (C) the recruitment, retention, and training of students;
       (D) the methods used to help students find employment in 
     their fields;
       (E) the methods for assessing the success of the violence 
     prevention training program; and
       (F) the sources of financial aid for qualified students;
       (3) contain an assurance that the institution has the 
     capacity to implement the plan; and
       (4) contain an assurance that the plan was developed in 
     consultation with agencies and organizations that will assist 
     the institution in carrying out the plan.

     SEC. 1307. SELECTION PRIORITIES.

       The Secretary of Education shall give priority to awarding 
     grants to institutions carrying out violence prevention 
     programs that include 1 or more of the following components:
       (1) Preparation to engage in family support (such as parent 
     education, service referral, and literacy training).
       (2) Preparation to engage in community outreach or 
     collaboration with other services in the community.
       (3) Preparation to use conflict resolution training with 
     children.
       (4) Preparation to work in economically disadvantaged 
     communities.
       (5) Recruitment of economically disadvantaged students.
       (6) Carrying out programs of demonstrated effectiveness in 
     the type of training for which assistance is sought, 
     including programs funded under section 596 of the Higher 
     Education Act of 1965 (as such section was in effect prior to 
     October 7, 1998).

     SEC. 1308. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to carry out this 
     title $15,000,000 for each of the fiscal years 2000 through 
     2004.
 TITLE XIV--PREVENTING JUVENILE DELINQUENCY THROUGH CHARACTER EDUCATION

     SEC. 1401. PURPOSE.

       The purpose of this title is to support the work of 
     community-based organizations, local educational agencies, 
     and schools in providing children and youth with alternatives 
     to delinquency through strong school-based and after school 
     programs that--
       (1) are organized around character education;
       (2) reduce delinquency, school discipline problems, and 
     truancy; and
       (3) improve student achievement, overall school 
     performance, and youths' positive involvement in their 
     community.

     SEC. 1402. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There are authorized to be appropriated--
       (1) $15,000,000 for fiscal year 2000, and such sums as may 
     be necessary for each of the 4 succeeding fiscal years, to 
     carry out school-based programs under section 1403; and
       (2) $10,000,000 for fiscal year 2000, and such sums as may 
     be necessary for each of the 4 succeeding fiscal years, to 
     carry out the after school programs under section 1404.
       (b) Source of Funding.--Amounts authorized to be 
     appropriated pursuant to this section may be derived from the 
     Violent Crime Reduction Trust Fund.

     SEC. 1403. SCHOOL-BASED PROGRAMS.

       (a) In General.--The Secretary, in consultation with the 
     Attorney General, is authorized to award grants to schools, 
     or local educational agencies that enter into a partnership 
     with a school, to support the development of character 
     education programs in the schools in order to--
       (1) reduce delinquency, school discipline problems, and 
     truancy; and

[[Page 11069]]

       (2) improve student achievement, overall school 
     performance, and youths' positive involvement in their 
     community.
       (b) Applications.--Each school or local educational agency 
     desiring a grant under this section shall submit an 
     application to the Secretary at such time and in such manner 
     as the Secretary may require.
       (1) Contents.--Each application shall include--
       (A) a description of the community to be served and the 
     needs that will be met with the program in that community;
       (B) a description of how the program will reach youth at-
     risk of delinquency;
       (C) a description of the activities to be assisted, 
     including--
       (i) how parents, teachers, students, and other members of 
     the community will be involved in the design and 
     implementation of the program;
       (ii) the character education program to be implemented, 
     including methods of teacher training and parent education 
     that will be used or developed; and
       (iii) how the program will coordinate activities assisted 
     under this section with other youth serving activities in the 
     larger community;
       (D) a description of the goals of the program;
       (E) a description of how progress toward the goals, and 
     toward meeting the purposes of this title, will be measured; 
     and
       (F) an assurance that the school or local educational 
     agency will provide the Secretary with information regarding 
     the program and the effectiveness of the program.

     SEC. 1404. AFTER SCHOOL PROGRAMS.

       (a) In General.--The Secretary, in consultation with the 
     Attorney General, is authorized to award grants to community-
     based organizations to enable the organizations to provide 
     youth with alternative activities, in the after school or out 
     of school hours, that include a strong character education 
     component.
       (b) Eligible Community-Based Organizations.--The Secretary 
     only shall award a grant under this section to a community-
     based organization that has a demonstrated capacity to 
     provide after school or out of school programs to youth, 
     including youth serving organizations, businesses, and other 
     community groups.
       (c) Applications.--Each community-based organization 
     desiring a grant under this section shall submit an 
     application to the Secretary at such time and in such manner 
     as the Secretary may require. Each application shall 
     include--
       (1) a description of the community to be served and the 
     needs that will be met with the program in that community;
       (2) a description of how the program will identify and 
     recruit at-risk youth for participation in the program, and 
     will provide continuing support for their participation;
       (3) a description of the activities to be assisted, 
     including--
       (A) how parents, students, and other members of the 
     community will be involved in the design and implementation 
     of the program;
       (B) how character education will be incorporated into the 
     program; and
       (C) how the program will coordinate activities assisted 
     under this section with activities of schools and other 
     community-based organizations;
       (4) a description of the goals of the program;
       (5) a description of how progress toward the goals, and 
     toward meeting the purposes of this title, will be measured; 
     and
       (6) an assurance that the community-based organization will 
     provide the Secretary with information regarding the program 
     and the effectiveness of the program.

     SEC. 1405. GENERAL PROVISIONS.

       (a) Duration.--Each grant under this title shall be awarded 
     for a period of not to exceed 5 years.
       (b) Planning.--A school, local educational agency or 
     community-based organization may use grant funds provided 
     under this title for not more than 1 year for the planning 
     and design of the program to be assisted.
       (c) Selection of Grantees.--
       (1) Criteria.--The Secretary, in consultation with the 
     Attorney General, shall select, through a peer review 
     process, community-based organizations, schools, and local 
     educational agencies to receive grants under this title on 
     the basis of the quality of the applications submitted and 
     taking into consideration such factors as--
       (A) the quality of the activities to be assisted;
       (B) the extent to which the program fosters in youth the 
     elements of character and reaches youth at-risk of 
     delinquency;
       (C) the quality of the plan for measuring and assessing the 
     success of the program;
       (D) the likelihood the goals of the program will be 
     realistically achieved;
       (E) the experience of the applicant in providing similar 
     services; and
       (F) the coordination of the program with larger community 
     efforts in character education.
       (2) Diversity of projects.--The Secretary shall approve 
     applications under this title in a manner that ensures, to 
     the extent practicable, that programs assisted under this 
     title serve different areas of the United States, including 
     urban, suburban and rural areas, and serve at-risk 
     populations.
       (d) Use of Funds.--Grant funds under this title shall be 
     used to support the work of community-based organizations, 
     schools, or local educational agencies in providing children 
     and youth with alternatives to delinquency through strong 
     school-based, after school, or out of school programs that--
       (1) are organized around character education;
       (2) reduce delinquency, school discipline problems, and 
     truancy; and
       (3) improve student achievement, overall school 
     performance, and youths' positive involvement in their 
     community.
       (d) Definitions.--
       (1) In general.--The terms used in this Act have the 
     meanings given the terms in section 14101 of the Elementary 
     and Secondary Education Act of 1965 (20 U.S.C. 8801).
       (2) Character education.--The term ``character education'' 
     means an organized educational program that works to 
     reinforce core elements of character, including caring, civic 
     virtue and citizenship, justice and fairness, respect, 
     responsibility, and trustworthiness.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of Education.
       TITLE XV--VIOLENT OFFENDER DNA IDENTIFICATION ACT OF 1999

     SEC. 1501. SHORT TITLE.

       This title may be cited as the ``Violent Offender DNA 
     Identification Act of 1999''.

     SEC. 1502. ELIMINATION OF CONVICTED OFFENDER DNA BACKLOG.

       (a) Development of Plan.--
       (1) In general.--Not later than 45 days after the date of 
     enactment of this Act, the Director of the Federal Bureau of 
     Investigation, in coordination with the Assistant Attorney 
     General of the Office of Justice Programs at the Department 
     of Justice, and after consultation with representatives of 
     State and local forensic laboratories, shall develop a 
     voluntary plan to assist State and local forensic 
     laboratories in performing DNA analyses of DNA samples 
     collected from convicted offenders.
       (2) Objective.--The objective of the plan developed under 
     paragraph (1) shall be to effectively eliminate the backlog 
     of convicted offender DNA samples awaiting analysis in State 
     or local forensic laboratory storage, including samples that 
     need to be reanalyzed using upgraded methods, in an 
     efficient, expeditious manner that will provide for their 
     entry into the Combined DNA Indexing System (CODIS).
       (b) Plan Conditions.--The plan developed under subsection 
     (a) shall--
       (1) require that each laboratory performing DNA analyses 
     satisfy quality assurance standards and utilize state-of-the-
     art testing methods, as set forth by the Director of the 
     Federal Bureau of Investigation, in coordination with the 
     Assistant Attorney General of the Office of Justice Programs 
     of the Department of Justice; and
       (2) require that each DNA sample collected and analyzed be 
     accessible only--
       (A) to criminal justice agencies for law enforcement 
     identification purposes;
       (B) in judicial proceedings, if otherwise admissible 
     pursuant to applicable statutes or rules;
       (C) for criminal defense purposes, to a defendant, who 
     shall have access to samples and analyses performed in 
     connection with the case in which such defendant is charged; 
     or
       (D) if personally identifiable information is removed, for 
     a population statistics database, for identification research 
     and protocol development purposes, or for quality control 
     purposes.
       (c) Implementation of Plan.--Subject to the availability of 
     appropriations under subsection (d), the Director of the 
     Federal Bureau of Investigation, in coordination with the 
     Assistant Attorney General of the Office of Justice Programs 
     at the Department of Justice, shall implement the plan 
     developed pursuant to subsection (a) with State and local 
     forensic laboratories that elect to participate.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Department of Justice to carry out 
     this section $15,000,000 for each of fiscal years 2000 and 
     2001.

     SEC. 1503. DNA IDENTIFICATION OF FEDERAL, DISTRICT OF 
                   COLUMBIA, AND MILITARY VIOLENT OFFENDERS.

       (a) Expansion of DNA Identification Index.--Section 
     811(a)(2) of the Antiterrorism and Effective Death Penalty 
     Act of 1996 (28 U.S.C. 531 note) is amended to read as 
     follows:
       ``(2) the Director of the Federal Bureau of Investigation 
     shall expand the combined DNA Identification System (CODIS) 
     to include information on DNA identification records and 
     analyses related to criminal offenses and acts of juvenile 
     delinquency under Federal law, the Uniform Code of Military 
     Justice, and the District of Columbia Code, in accordance 
     with section 210304 of the Violent Crime Control and Law 
     Enforcement Act of 1994 (42 U.S.C. 14132).''.
       (b) Index To Facilitate Law Enforcement Exchange of DNA 
     Identification Information.--Section 210304 of the Violent 
     Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 
     14132) is amended--

[[Page 11070]]

       (1) in subsection (a)(1), by striking ``persons convicted 
     of crimes'' and inserting ``individuals convicted of criminal 
     offenses or adjudicated delinquent for acts of juvenile 
     delinquency, including qualifying offenses (as defined in 
     subsection (d)(1))'';
       (2) in subsection (b)(2), by striking ``, at regular 
     intervals of not to exceed 180 days,'' and inserting 
     ``semiannual''; and
       (3) by adding at the end the following:
       ``(d) Inclusion of DNA Information Relating to Violent 
     Offenders.--
       ``(1) Definitions.--In this subsection--
       ``(A) the term `crime of violence' has the meaning given 
     such term in section 924(c)(3) of title 18, United States 
     Code; and
       ``(B) the term `qualifying offense' means a criminal 
     offense or act of juvenile delinquency included on the list 
     established by the Director of the Federal Bureau of 
     Investigation under paragraph (2)(A)(i).
       ``(2) Regulations.--
       ``(A) In general.--Not later than 90 days after the date of 
     enactment of this subsection, and at the discretion of the 
     Director thereafter, the Director of the Federal Bureau of 
     Investigation, in consultation with the Director of the 
     Bureau of Prisons, the Director of the Court Services and 
     Offender Supervision Agency for the District of Columbia or 
     the Trustee appointed under section 11232(a) of the Balanced 
     Budget Act of 1997 (as appropriate), and the Chief of Police 
     of the Metropolitan Police Department of the District of 
     Columbia, shall by regulation establish--
       ``(i) a list of qualifying offenses; and
       ``(ii) standards and procedures for--

       ``(I) the analysis of DNA samples collected from 
     individuals convicted of or adjudicated delinquent for a 
     qualifying offense;
       ``(II) the inclusion in the index established by this 
     section of the DNA identification records and DNA analyses 
     relating to the DNA samples described in subclause (I); and
       ``(III) with respect to juveniles, the expungement of DNA 
     identification records and DNA analyses described in 
     subclause (II) from the index established by this section in 
     any circumstance in which the underlying adjudication for the 
     qualifying offense has been expunged.

       ``(B) Offenses included.--The list established under 
     subparagraph (A)(i) shall include--
       ``(i) each criminal offense or act of juvenile delinquency 
     under Federal law that--

       ``(I) constitutes a crime of violence; or
       ``(II) in the case of an act of juvenile delinquency, 
     would, if committed by an adult, constitute a crime of 
     violence;

       ``(ii) each criminal offense under the District of Columbia 
     Code that constitutes a crime of violence; and
       ``(iii) any other felony offense under Federal law or the 
     District of Columbia Code, as determined by the Director of 
     the Federal Bureau of Investigation.
       ``(3) Federal offenders.--
       ``(A) Collection of samples from federal prisoners.--
       ``(i) In general.--Beginning 180 days after the date of 
     enactment of this subsection, the Director of the Bureau of 
     Prisons shall collect a DNA sample from each individual in 
     the custody of the Bureau of Prisons who, before or after 
     this subsection takes effect, has been convicted of or 
     adjudicated delinquent for a qualifying offense.
       ``(ii) Time and manner.--The Director of the Bureau of 
     Prisons shall specify the time and manner of collection of 
     DNA samples under this subparagraph.
       ``(B) Collection of samples from federal offenders on 
     supervised release, parole, or probation.--
       ``(i) In general.--Beginning 180 days after the date of 
     enactment of this subsection, the agency responsible for the 
     supervision under Federal law of an individual on supervised 
     release, parole, or probation (other than an individual 
     described in paragraph (4)(B)(i)) shall collect a DNA sample 
     from each individual who has, before or after this subsection 
     takes effect, been convicted of or adjudicated delinquent for 
     a qualifying offense.
       ``(ii) Time and manner.--The Director of the Administrative 
     Office of the United States Courts shall specify the time and 
     manner of collection of DNA samples under this subparagraph.
       ``(4) District of columbia offenders.--
       ``(A) Offenders in custody of district of columbia.--
       ``(i) In general.--The Government of the District of 
     Columbia may--

       ``(I) identify 1 or more categories of individuals who are 
     in the custody of, or under supervision by, the District of 
     Columbia, from whom DNA samples should be collected; and
       ``(II) collect a DNA sample from each individual in any 
     category identified under clause (i).

       ``(ii) Definition.--In this subparagraph, the term 
     `individuals in the custody of, or under supervision by, the 
     District of Columbia'--

       ``(I) includes any individual in the custody of, or under 
     supervision by, any agency of the Government of the District 
     of Columbia; and
       ``(II) does not include an individual who is under the 
     supervision of the Director of the Court Services and 
     Offender Supervision Agency for the District of Columbia or 
     the Trustee appointed under section 11232(a) of the Balanced 
     Budget Act of 1997.

       ``(B) Offenders on supervised release, probation, or 
     parole.--
       ``(i) In general.--Beginning 180 days after the date of 
     enactment of this subsection, the Director of the Court 
     Services and Offender Supervision Agency for the District of 
     Columbia, or the Trustee appointed under section 11232(a) of 
     the Balanced Budget Act of 1997, as appropriate, shall 
     collect a DNA sample from each individual under the 
     supervision of the Agency or Trustee, respectively, who is on 
     supervised release, parole, or probation and who has, before 
     or after this subsection takes effect, been convicted of or 
     adjudicated delinquent for a qualifying offense.
       ``(ii) Time and manner.--The Director or the Trustee, as 
     appropriate, shall specify the time and manner of collection 
     of DNA samples under this subparagraph.
       ``(5) Waiver; collection procedures.--Notwithstanding any 
     other provision of this subsection, a person or agency 
     responsible for the collection of DNA samples under this 
     subsection may--
       ``(A) waive the collection of a DNA sample from an 
     individual under this subsection if another person or agency 
     has collected such a sample from the individual under this 
     subsection or subsection (e); and
       ``(B) use or authorize the use of such means as are 
     necessary to restrain and collect a DNA sample from an 
     individual who refuses to cooperate in the collection of the 
     sample.
       ``(e) Inclusion of DNA Information Relating to Violent 
     Military Offenders.--
       ``(1) In general.--Not later than 120 days after the date 
     of enactment of this subsection, the Secretary of Defense 
     shall prescribe regulations that--
       ``(A) specify categories of conduct punishable under the 
     Uniform Code of Military Justice (referred to in this 
     subsection as `qualifying military offenses') that are 
     comparable to qualifying offenses (as defined in subsection 
     (d)(1)); and
       ``(B) set forth standards and procedures for--
       ``(i) the analysis of DNA samples collected from 
     individuals convicted of a qualifying military offense; and
       ``(ii) the inclusion in the index established by this 
     section of the DNA identification records and DNA analyses 
     relating to the DNA samples described in clause (i).
       ``(2) Collection of samples.--
       ``(A) In general.--Beginning 180 days after the date of 
     enactment of this subsection, the Secretary of Defense shall 
     collect a DNA sample from each individual under the 
     jurisdiction of the Secretary of a military department who 
     has, before or after this subsection takes effect, been 
     convicted of a qualifying military offense.
       ``(B) Time and manner.--The Secretary of Defense shall 
     specify the time and manner of collection of DNA samples 
     under this paragraph.
       ``(3) Waiver; collection procedures.--Notwithstanding any 
     other provision of this subsection, the Secretary of Defense 
     may--
       ``(A) waive the collection of a DNA sample from an 
     individual under this subsection if another person or agency 
     has collected or will collect such a sample from the 
     individual under subsection (d); and
       ``(B) use or authorize the use of such means as are 
     necessary to restrain and collect a DNA sample from an 
     individual who refuses to cooperate in the collection of the 
     sample.
       ``(f) Criminal Penalty.--
       ``(1) In general.--An individual from whom the collection 
     of a DNA sample is required or authorized pursuant to 
     subsection (d) who fails to cooperate in the collection of 
     that sample shall be--
       ``(A) guilty of a class A misdemeanor; and
       ``(B) punished in accordance with title 18, United States 
     Code.
       ``(2) Military offenders.--An individual from whom the 
     collection of a DNA sample is required or authorized pursuant 
     to subsection (e) who fails to cooperate in the collection of 
     that sample may be punished as a court martial may direct as 
     a violation of the Uniform Code of Military Justice.
       ``(g) Authorization of Appropriations.--There are 
     authorized to be appropriated--
       ``(1) to the Department of Justice to carry out subsection 
     (d) of this section (including to reimburse the Federal 
     judiciary for any reasonable costs incurred in implementing 
     such subsection, as determined by the Attorney General) and 
     section 3(d) of the Violent Offender DNA Identification Act 
     of 1999--
       ``(A) $6,600,000 for fiscal year 2000; and
       ``(B) such sums as may be necessary for each of fiscal 
     years 2001 through 2004;
       ``(2) to the Court Services and Offender Supervision Agency 
     for the District of Columbia or the Trustee appointed under 
     section 11232(a) of the Balanced Budget Act of 1997 (as 
     appropriate), such sums as may be necessary for each of 
     fiscal years 2000 through 2004; and
       ``(3) to the Department of Defense to carry out subsection 
     (e)--
       ``(A) $600,000 for fiscal year 2000; and
       ``(B) $300,000 for each of fiscal years 2001 through 
     2004.''.
       (c) Conditions of Release.--
       (1) Conditions of probation.--Section 3563(a) of title 18, 
     United States Code, is amended--

[[Page 11071]]

       (A) in paragraph (7), by striking ``and'' at the end;
       (B) in paragraph (8), by striking the period at the end and 
     inserting ``; and''; and
       (C) by inserting after paragraph (8) the following:
       ``(9) that the defendant cooperate in the collection of a 
     DNA sample from the defendant if the collection of such a 
     sample is required or authorized pursuant to section 210304 
     of the Violent Crime Control and Law Enforcement Act of 1994 
     (42 U.S.C. 14132).''.
       (2) Conditions of supervised release.--Section 3583(d) of 
     title 18, United States Code, is amended by inserting before 
     ``The court shall also order'' the following: ``The court 
     shall order, as an explicit condition of supervised release, 
     that the defendant cooperate in the collection of a DNA 
     sample from the defendant, if the collection of such a sample 
     is required or authorized pursuant to section 210304 of the 
     Violent Crime Control and Law Enforcement Act of 1994 (42 
     U.S.C. 14132).''.
       (3) Conditions of release generally.--If the collection of 
     a DNA sample from an individual on probation, parole, or 
     supervised release pursuant to a conviction or adjudication 
     of delinquency under the law of any jurisdiction (including 
     an individual on parole pursuant to chapter 311 of title 18, 
     United States Code, as in effect on October 30, 1997) is 
     required or authorized pursuant to section 210304 of the 
     Violent Crime Control and Law Enforcement Act of 1994 (42 
     U.S.C. 14132), and the sample has not otherwise been 
     collected, the individual shall cooperate in the collection 
     of a DNA sample as a condition of that probation, parole, or 
     supervised release.
       (d) Report and Evaluation.--Not later than 1 year after the 
     date of enactment of this Act, the Attorney General, acting 
     through the Assistant Attorney General for the Office of 
     Justice Programs of the Department of Justice and the 
     Director of the Federal Bureau of Investigation, shall--
       (1) conduct an evaluation to--
       (A) identify criminal offenses, including offenses other 
     than qualifying offenses (as defined in section 210304(d)(1) 
     of the Violent Crime Control and Law Enforcement Act of 1994 
     (42 U.S.C. 14132(d)(1)), as added by this section) that, if 
     serving as a basis for the mandatory collection of a DNA 
     sample under section 210304 of the Violent Crime Control and 
     Law Enforcement Act of 1994 (42 U.S.C. 14132) or under State 
     law, are likely to yield DNA matches, and the relative degree 
     of such likelihood with respect to each such offense; and
       (B) determine the number of investigations aided (including 
     the number of suspects cleared), and the rates of prosecution 
     and conviction of suspects identified through DNA matching; 
     and
       (2) submit to Congress a report describing the results of 
     the evaluation under paragraph (1).
       (e) Technical and Conforming Amendments.--
       (1) Drug control and system improvement grants.--Section 
     503(a)(12)(C) of title I of the Omnibus Crime Control and 
     Safe Streets Act of 1968 (42 U.S.C. 3753(a)(12)(C)) is 
     amended by striking ``, at regular intervals of not to exceed 
     180 days,'' and inserting ``semiannual''.
       (2) DNA identification grants.--Section 2403(3) of title I 
     of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
     U.S.C. 3796kk-2(3)) is amended by striking ``, at regular 
     intervals not exceeding 180 days,'' and inserting 
     ``semiannual''.
       (3) Federal bureau of investigation.--Section 
     210305(a)(1)(A) of the Violent Crime Control and Law 
     Enforcement Act of 1994 (42 U.S.C. 14133(a)(1)(A)) is amended 
     by striking ``, at regular intervals of not to exceed 180 
     days,'' and inserting ``semiannual''.
                  TITLE XVI--MISCELLANEOUS PROVISIONS
                     Subtitle A--General Provisions

     SEC. 1601. PROHIBITION ON FIREARMS POSSESSION BY VIOLENT 
                   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 `act of violent juvenile delinquency' means an 
     adjudication of delinquency in Federal or State court, based 
     on a finding of the commission of an act by a person prior to 
     his or her eighteenth birthday that, if committed by an 
     adult, would be a serious or violent felony, as defined in 
     section 3559(c)(2)(F)(i) had Federal jurisdiction existed and 
     been exercised (except that section 3559(c)(3) shall not 
     apply to this subparagraph).''; and
       (4) in the undesignated paragraph following subparagraph 
     (B) (as added by paragraph (3) of this subsection), by 
     striking ``What constitutes'' and all that follows through 
     ``this chapter,'' and inserting the following:
       ``(C) What constitutes a conviction of such a crime or an 
     adjudication of an act of violent juvenile delinquency shall 
     be determined in accordance with the law of the jurisdiction 
     in which the proceedings were held. Any State conviction or 
     adjudication of an act of violent juvenile delinquency that 
     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 an 
     act of violent juvenile delinquency occurred shall not be 
     considered to be a conviction or adjudication of an act of 
     violent juvenile delinquency for purposes of this chapter,''.
       (b) Prohibition.--Section 922 of title 18, United States 
     Code, is amended--
       (1) in subsection (d)--
       (A) in paragraph (8), by striking ``or'' at the end;
       (B) in paragraph (9), by striking the period at the end and 
     inserting ``; or''; and
       (C) by inserting after paragraph (9) the following:
       ``(10) has committed an act of violent juvenile 
     delinquency.''; and
       (2) in subsection (g)--
       (A) in paragraph (8), by striking ``or'' at the end;
       (B) in paragraph (9), by striking the comma at the end and 
     inserting ``; or''; and
       (C) by inserting after paragraph (9) the following:
       ``(10) who has committed an act of violent juvenile 
     delinquency,''.
       (c) Effective Date of Adjudication Provisions.--The 
     amendments made by this section shall only apply to an 
     adjudication of an act of violent juvenile delinquency that 
     occurs after the date that is 30 days after the date on which 
     the Attorney General certifies to Congress and separately 
     notifies Federal firearms licensees, through publication in 
     the Federal Register by the Secretary of the Treasury, that 
     the records of such adjudications are routinely available in 
     the national instant criminal background check system 
     established under section 103(b) of the Brady Handgun 
     Violence Prevention Act.

     SEC. 1602. SAFE STUDENTS.

       (a) Short Title.--This section may be cited as the ``Safe 
     Students Act.''
       (b) Purpose.--It is the purpose of this section to maximize 
     local flexibility in responding to the threat of juvenile 
     violence through the implementation of effective school 
     violence prevention and safety programs.
       (c) Program Authorized.--The Attorney General shall, 
     subject to the availability of appropriations, award grants 
     to local education agencies and to law enforcement agencies 
     to assist in the planning, establishing, operating, 
     coordinating and evaluating of school violence prevention and 
     school safety programs.
       (d) Application Requirements.--
       (1) In general.--To be eligible to receive a grant under 
     subsection (c), an entity shall--
       (A) be a local education agency or a law enforcement 
     agency; and
       (B) prepare and submit to the Attorney General an 
     application at such time, in such manner and containing such 
     information as the Attorney General may require, including--
       (i) a detailed explanation of the intended uses of funds 
     provided under the grant; and
       (ii) a written assurance that the schools to be served 
     under the grant will have a zero tolerance policy in effect 
     for drugs, alcohol, weapons, truancy and juvenile crime on 
     school campuses.
       (2) Priority.--The Attorney General shall give priority in 
     awarding grants under this section to applications that have 
     been submitted jointly by a local education agency and a law 
     enforcement agency.
       (e) Allowable Uses of Funds.--Amounts received under a 
     grant under this section shall be used for innovative, local 
     responses, consistent with the purposes of this Act, which 
     may include--
       (1) training, including in-service training, for school 
     personnel, custodians and bus drivers in--
       (A) the identification of potential threats (such as 
     illegal weapons and explosive devices);
       (B) crisis preparedness and intervention procedures; and
       (C) emergency response;
       (2) training of interested parents, teachers and other 
     school and law enforcement personnel in the identification 
     and responses to early warning signs of troubled and violent 
     youth;
       (3) innovative research-based delinquency and violence 
     prevention programs, including mentoring programs;
       (4) comprehensive school security assessments;
       (5) the purchase of school security equipment and 
     technologies such as metal detectors, electronic locks, 
     surveillance cameras;
       (6) collaborative efforts with law enforcement agencies, 
     community-based organizations (including faith-based 
     organizations) that have demonstrated expertise in providing 
     effective, research-based violence prevention and 
     intervention programs to school age children;
       (7) providing assistance to families in need for the 
     purpose of purchasing required school uniforms;
       (8) school resource officers, including community police 
     officers; and
       (9) community policing in and around schools.
       (f) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section, $200,000,000 
     for fiscal year 2000, and such sums as may be necessary for 
     each of fiscal years 2001 through 2004.

[[Page 11072]]

       (g) Report to Congress.--Not later than 2 years after the 
     date of enactment of this section, and every 2 years 
     thereafter, the Attorney General shall prepare and submit to 
     the appropriate committees of Congress a report concerning 
     the manner in which grantees have used amounts received under 
     a grant under this section.

     SEC. 1603. STUDY OF MARKETING PRACTICES OF THE FIREARMS 
                   INDUSTRY.

       (a) In General.--The Federal Trade Commission and the 
     Attorney General shall jointly conduct a study of the 
     marketing practices of the firearms industry, with respect to 
     children.
       (b) Issues Examined.--In conducting the study under 
     subsection (a), the Commission and the Attorney General shall 
     examine the extent to which the firearms industry advertises 
     and promotes its products to juveniles, including in media 
     outlets in which minors comprise a substantial percentage of 
     the audience.
       (c) Report.--Not later than one year after the date of the 
     enactment of this Act, the Commission and the Attorney 
     General shall submit to Congress a report on the study 
     conducted under subsection (a).

     SEC. 1604. PROVISION OF INTERNET FILTERING OR SCREENING 
                   SOFTWARE BY CERTAIN INTERNET SERVICE PROVIDERS.

       (a) Requirement To Provide.--Each Internet service provider 
     shall at the time of entering an agreement with a residential 
     customer for the provision of Internet access services, 
     provide to such customer, either at no fee or at a fee not in 
     excess of the amount specified in subsection (c), computer 
     software or other filtering or blocking system that allows 
     the customer to prevent the access of minors to material on 
     the Internet.
       (b) Surveys of Provision of Software or Systems.--
       (1) Surveys.--The Office of Juvenile Justice and 
     Delinquency Prevention of the Department of Justice and the 
     Federal Trade Commission shall jointly conduct surveys of the 
     extent to which Internet service providers are providing 
     computer software or systems described in subsection (a) to 
     their subscribers.
       (2) Frequency.--The surveys required by paragraph (1) shall 
     be completed as follows:
       (A) One shall be completed not later than one year after 
     the date of the enactment of this Act.
       (B) One shall be completed not later than two years after 
     that date.
       (C) One shall be completed not later than three years after 
     that date.
       (c) Fees.--The fee, if any, charged and collected by an 
     Internet service provider for providing computer software or 
     a system described in subsection (a) to a residential 
     customer shall not exceed the amount equal to the cost of the 
     provider in providing the software or system to the 
     subscriber, including the cost of the software or system and 
     of any license required with respect to the software or 
     system.
       (d) Applicability.--The requirement described in subsection 
     (a) shall become effective only if--
       (1) 1 year after the date of the enactment of this Act, the 
     Office and the Commission determine as a result of the survey 
     completed by the deadline in subsection (b)(2)(A) that less 
     than 75 percent of the total number of residential 
     subscribers of Internet service providers as of such deadline 
     are provided computer software or systems described in 
     subsection (a) by such providers;
       (2) 2 years after the date of the enactment of this Act, 
     the Office and the Commission determine as a result of the 
     survey completed by the deadline in subsection (b)(2)(B) that 
     less than 85 percent of the total number of residential 
     subscribers of Internet service providers as of such deadline 
     are provided such software or systems by such providers; or
       (3) 3 years after the date of the enactment of this Act, if 
     the Office and the Commission determine as a result of the 
     survey completed by the deadline in subsection (b)(2)(C) that 
     less than 100 percent of the total number of residential 
     subscribers of Internet service providers as of such deadline 
     are provided such software or systems by such providers.
       (e) Internet Service Provider Defined.--In this section, 
     the term ``Internet service provider'' means a service 
     provider as defined in section 512(k)(1)(A) of title 17, 
     United States Code, which has more than 50,000 subscribers.

     SEC. 1605. APPLICATION OF SECTION 923 (J) AND (M).

       Notwithstanding any other provision of this Act, section 
     923 of title 18, United States Code, as amended by this Act, 
     shall be applied by amending in subsections (j) and (m) the 
     following:
       (1) In subsection (j) amend--
       (A) paragraph (2) (A), (B) and (C) to read as follows:
       ``(A) In general.--A temporary location referred to in 
     paragraph (1) is a location for a gun show, or event in the 
     State specified on the license, at which firearms, firearms 
     accessories and related items may be bought, sold, traded, 
     and displayed, in accordance with Federal, State, and local 
     laws.
       ``(B) Locations out of state.--If the location is not in 
     the State specified on the license, a licensee may display 
     any firearm, and take orders for a firearm or effectuate the 
     transfer of a firearm, in accordance with this chapter, 
     including paragraph (7) of this subsection.
       ``(C) Qualified gun shows or events.--A gun show or an 
     event shall qualify as a temporary location if--
       ``(i) the gun show or event is one which is sponsored, for 
     profit or not, by an individual, national, State, or local 
     organization, association, or other entity to foster the 
     collecting, competitive use, sporting use, or any other legal 
     use of firearms; and
       ``(ii) the gun show or event has--

       ``(I) 20 percent or more firearm exhibitors out of all 
     exhibitors; or
       ``(II) 10 or more firearms exhibitors.''.

       (B) paragraph (3)(C) to read as follows:
       ``(C) shall be retained at the premises specified on the 
     license.''; and
       (C) paragraph (7) to read as follows:
       ``(7) No effect on other rights.--Nothing in this 
     subsection diminishes in any manner any right to display, 
     sell, or otherwise dispose of firearms or ammunition that is 
     in effect before the date of enactment of the Firearms 
     Owners' Protection Act, including the right of a licensee to 
     conduct firearms transfers and business away from their 
     business premises with another licensee without regard to 
     whether the location of the business is in the State 
     specified on the license of either licensee.''.
       (2) In subsection (m), amend--
       (A) paragraph (2)(E)(i) to read as follows:
       ``(i) In general.--A person not licensed under this section 
     who desires to transfer a firearm at a gun show in his State 
     of residence to another person who is a resident of the same 
     State, and not licensed under this section, shall only make 
     such a transfer through a licensee who can conduct an instant 
     background check at the gun show, or directly to the 
     prospective transferee if an instant background check is 
     first conducted by a special registrant at the gun show on 
     the prospective transferee. For any instant background check 
     conducted at a gun show, the time period stated in section 
     922(t)(1)(B)(ii) of this chapter shall be 24 hours in a 
     calendar day since the licensee contacted the system. If the 
     services of a special registrant are used to determine the 
     firearms eligibility of the prospective transferee to 
     possesses a firearm, the transferee shall provide the special 
     registrant at the gun show, on a special and limited-purpose 
     form that the Secretary shall prescribe for use by a special 
     registrant--

       ``(I) the name, age, address, and other identifying 
     information of the prospective transferee (or, in the case of 
     a prospective transferee that is a corporation or other 
     business entity, the identity and principal and local places 
     of business of the prospective transferee); and
       ``(II) proof of verification of the identity of the 
     prospective transferee as required by section 
     922(t)(1)(C).``; and

       (B) paragraph (4) to read as follows:
       ``(4) Immunity.--
       ``(A) Definition.--In this paragraph:
       ``(i) In general.--The term `qualified civil liability 
     action' means a civil action brought by any person against a 
     person described in subparagraph (B) for damages resulting 
     from the criminal or unlawful misuse of the firearm by the 
     transferee or a third party.
       ``(ii) Exclusions.--The term `qualified civil liability 
     action' shall not include an action--

       ``(I) brought against a transferor convicted under section 
     924(h), or a comparable State felony law, by a person 
     directly harmed by the transferee's criminal conduct, as 
     defined in section 924(h); or
       ``(II) brought against a transferor for negligent 
     entrustment or negligence per se.

       ``(B) Immunity.--Notwithstanding any other provision of 
     law, a person who is--
       ``(i) a special registrant who performs a background check 
     in the manner prescribed in this subsection at a gun show;
       ``(ii) a licensee or special licensee who acquires a 
     firearm at a gun show from a nonlicensee, for transfer to 
     another nonlicensee in attendance at the gun show, for the 
     purpose of effectuating a sale, trade, or transfer between 
     the 2 nonlicensees, all in the manner prescribed for the 
     acquisition and disposition of a firearm under this chapter; 
     or
       ``(iii) a nonlicensee person disposing of a firearm who 
     uses the services of a person described in clause (i) or 
     (ii);

     shall be entitled to immunity from civil liability action as 
     described in subparagraphs (C) and (D).
       ``(C) Prospective actions.--A qualified civil liability 
     action may not be brought in any Federal or State court.
       ``(D) Dismissal of pending actions.--A qualified civil 
     liability action that is pending on the date of enactment of 
     this subsection shall be dismissed immediately by the 
     court.''.

     SEC. 1606. CONSTITUTIONALITY OF MEMORIAL SERVICES AND 
                   MEMORIALS AT PUBLIC SCHOOLS.

       (a) Findings.--The Congress of the United States finds that 
     the saying of a prayer, the reading of a scripture, or the 
     performance of religious music as part of a memorial service 
     that is held on the campus of a public school in order to 
     honor the memory of any person slain on that campus does not 
     violate the First Amendment to the Constitution of the United 
     States, and that the design and construction of any memorial 
     that is placed on

[[Page 11073]]

     the campus of a public school in order to honor the memory of 
     any person slain on that campus a part of which includes 
     religious symbols, motifs, or sayings does not violate the 
     First Amendment to the Constitution of the United States.
       (b) Lawsuits.--In any lawsuit claiming that the type of 
     memorial or memorial service described in subsection (a) 
     violates the Constitution of the United States--
       (1) each party shall pay its own attorney's fees and costs, 
     notwithstanding any other provision of law, and
       (2) the Attorney General of the United States is authorized 
     to provide legal assistance to the school district or other 
     governmental entity that is defending the legality of such 
     memorial service.

     SEC. 1607. TWENTY-FIRST AMENDMENT ENFORCEMENT.

       (a) Shipment of Intoxicating Liquor Into State in Violation 
     of State Law.--The Act entitled ``An Act divesting 
     intoxicating liquors of their interstate character in certain 
     cases'', approved March 1, 1913 (commonly known as the 
     ``Webb-Kenyon Act'') (27 U.S.C. 122) is amended by adding at 
     the end the following:

     ``SEC. 2. INJUNCTIVE RELIEF IN FEDERAL DISTRICT COURT.

       ``(a) Definitions.--In this section--
       ``(1) the term `attorney general' means the attorney 
     general or other chief law enforcement officer of a State, or 
     the designee thereof;
       ``(2) the term `intoxicating liquor' means any spirituous, 
     vinous, malted, fermented, or other intoxicating liquor of 
     any kind;
       ``(3) the term `person' means any individual and any 
     partnership, corporation, company, firm, society, 
     association, joint stock company, trust, or other entity 
     capable of holding a legal or beneficial interest in 
     property, but does not include a State or agency thereof; and
       ``(4) the term `State' means any State of the United 
     States, the District of Columbia, the Commonwealth of Puerto 
     Rico, or any territory or possession of the United States.
       ``(b) Action by State Attorney General.--If the attorney 
     general of a State has reasonable cause to believe that a 
     person is engaged in, is about to engage in, or has engaged 
     in, any act that would constitute a violation of a State law 
     regulating the importation or transportation of any 
     intoxicating liquor, the attorney general may bring a civil 
     action in accordance with this section for injunctive relief 
     (including a preliminary or permanent injunction or other 
     order) against the person, as the attorney general determines 
     to be necessary to--
       ``(1) restrain the person from engaging, or continuing to 
     engage, in the violation; and
       ``(2) enforce compliance with the State law.
       ``(c) Federal Jurisdiction.--
       ``(1) In general.--The district courts of the United States 
     shall have jurisdiction over any action brought under this 
     section.
       ``(2) Venue.--An action under this section may be brought 
     only in accordance with section 1391 of title 28, United 
     States Code.
       ``(d) Requirements for Injunctions and Orders.--
       ``(1) In general.--In any action brought under this 
     section, upon a proper showing by the attorney general of the 
     State, the court shall issue a preliminary or permanent 
     injunction or other order without requiring the posting of a 
     bond.
       ``(2) Notice.--No preliminary or permanent injunction or 
     other order may be issued under paragraph (1) without notice 
     to the adverse party.
       ``(3) Form and scope of order.--Any preliminary or 
     permanent injunction or other order entered in an action 
     brought under this section shall--
       ``(A) set forth the reasons for the issuance of the order;
       ``(B) be specific in terms;
       ``(C) describe in reasonable detail, and not by reference 
     to the complaint or other document, the act or acts to be 
     restrained; and
       ``(D) be binding only upon--
       ``(i) the parties to the action and the officers, agents, 
     employees, and attorneys of those parties; and
       ``(ii) persons in active cooperation or participation with 
     the parties to the action who receive actual notice of the 
     order by personal service or otherwise.
       ``(e) Consolidation of Hearing With Trial On Merits.--
       ``(1) In general.--Before or after the commencement of a 
     hearing on an application for a preliminary or permanent 
     injunction or other order under this section, the court may 
     order the trial of the action on the merits to be advanced 
     and consolidated with the hearing on the application.
       ``(2) Admissibility of evidence.--If the court does not 
     order the consolidation of a trial on the merits with a 
     hearing on an application described in paragraph (1), any 
     evidence received upon an application for a preliminary or 
     permanent injunction or other order that would be admissible 
     at the trial on the merits shall become part of the record of 
     the trial and shall not be required to be received again at 
     the trial.
       ``(f) No Right to Trial by Jury.--An action brought under 
     this section shall be tried before the court.
       ``(g) Additional Remedies.--
       ``(1) In general.--A remedy under this section is in 
     addition to any other remedies provided by law.
       ``(2) State court proceedings.--Nothing in this section may 
     be construed to prohibit an authorized State official from 
     proceeding in State court on the basis of an alleged 
     violation of any State law.''.

     SEC. 1608. INTERSTATE SHIPMENT AND DELIVERY OF INTOXICATING 
                   LIQUORS.

       Chapter 59 of title 18, United States Code, is amended--
       (1) in section 1263--
       (A) by inserting ``a label on the shipping container that 
     clearly and prominently identifies the contents as alcoholic 
     beverages, and a'' after ``accompanied by''; and
       (B) by inserting ``and requiring upon delivery the 
     signature of a person who has attained the age for the lawful 
     purchase of intoxicating liquor in the State in which the 
     delivery is made,'' after ``contained therein,''; and
       (2) in section 1264, by inserting ``or to any person other 
     than a person who has attained the age for the lawful 
     purchase of intoxicating liquor in the State in which the 
     delivery is made,'' after ``consignee,''.

     SEC. 1609. DISCLAIMER ON MATERIALS PRODUCED, PROCURED OR 
                   DISTRIBUTED FROM FUNDING AUTHORIZED BY THIS 
                   ACT.

       (a) All materials produced, procured, or distributed, in 
     whole or in part, as a result of Federal funding authorized 
     under this Act for expenditure by Federal, State or local 
     governmental recipients or other nongovernmental entities 
     shall have printed thereon the following language:

     ``This material has been printed, procured or distributed, in 
     whole or in part, at the expense of the Federal Government. 
     Any person who objects to the accuracy of the material, to 
     the completeness of the material, or to the representations 
     made within the material, including objections related to 
     this material's characterization of religious beliefs, are 
     encouraged to direct their comments to the office of the 
     Attorney General of the United States.''.
       (b) All materials produced, procured, or distributed using 
     funds authorized under this Act shall have printed thereon, 
     in addition to the language contained in paragraph (a), a 
     complete address for an office designated by the Attorney 
     General to receive comments from members of the public.
       (c) The office designated under paragraph (b) by the 
     Attorney General to receive comments shall, every six months, 
     prepare an accurate summary of all comments received by the 
     office. This summary shall include details about the number 
     of comments received and the specific nature of the concerns 
     raised within the comments, and shall be provided to the 
     Chairmen of the Senate and House Judiciary Committees, the 
     Senate and House Education Committees, the Majority and 
     Minority Leaders of the Senate, and the Speaker and Minority 
     Leader of the House of Representatives. Further, the comments 
     received shall be retained by the office and shall be made 
     available to any member of the general public upon request.

     SEC. 1610. AIMEE'S LAW.

       (a) Short Title.--This section may be cited as ``Aimee's 
     Law''.
       (b) Definitions.--In this section:
       (1) Dangerous sexual offense.--The term ``dangerous sexual 
     offense'' means sexual abuse or sexually explicit conduct 
     committed by an individual who has attained the age of 18 
     years against an individual who has not attained the age of 
     14 years.
       (2) Murder.--The term ``murder'' has the meaning given the 
     term under applicable State law.
       (3) Rape.--The term ``rape'' has the meaning given the term 
     under applicable State law.
       (4) Sexual abuse.--The term ``sexual abuse'' has the 
     meaning given the term under applicable State law.
       (5) Sexually explicit conduct.--The term ``sexually 
     explicit conduct'' has the meaning given the term under 
     applicable State law.
       (c) Reimbursement to States for Crimes Committed By Certain 
     Released Felons.--
       (1) Penalty.--
       (A) Single state.--In any case in which a State convicts an 
     individual of murder, rape, or a dangerous sexual offense, 
     who has a prior conviction for any 1 of those offenses in a 
     State described in subparagraph (C), the Attorney General 
     shall transfer an amount equal to the costs of incarceration, 
     prosecution, and apprehension of that individual, from 
     Federal law enforcement assistance funds that have been 
     allocated to but not distributed to the State that convicted 
     the individual of the prior offense, to the State account 
     that collects Federal law enforcement assistance funds of the 
     State that convicted that individual of the subsequent 
     offense.
       (B) Multiple states.--In any case in which a State convicts 
     an individual of murder, rape, or a dangerous sexual offense, 
     who has a prior conviction for any 1 or more of those 
     offenses in more than 1 other State described in subparagraph 
     (C), the Attorney General shall transfer an amount equal to 
     the costs of incarceration, prosecution, and apprehension of 
     that individual, from Federal law enforcement assistance 
     funds that have been allocated to but not distributed to each 
     State that convicted such individual of

[[Page 11074]]

     the prior offense, to the State account that collects Federal 
     law enforcement assistance funds of the State that convicted 
     that individual of the subsequent offense.
       (C) State described.--A State is described in this 
     subparagraph if--
       (i) the State has not adopted Federal truth-in-sentencing 
     guidelines under section 20104 of the Violent Crime Control 
     and Law Enforcement Act of 1994 (42 U.S.C. 13704);
       (ii) the average term of imprisonment imposed by the State 
     on individuals convicted of the offense for which the 
     individual described in subparagraph (A) or (B), as 
     applicable, was convicted by the State is less than 10 
     percent above the average term of imprisonment imposed for 
     that offense in all States; or
       (iii) with respect to the individual described in 
     subparagraph (A) or (B), as applicable, the individual had 
     served less than 85 percent of the term of imprisonment to 
     which that individual was sentenced for the prior offense.
       (2) State applications.--In order to receive an amount 
     transferred under paragraph (1), the chief executive of a 
     State shall submit to the Attorney General an application, in 
     such form and containing such information as the Attorney 
     General may reasonably require, which shall include a 
     certification that the State has convicted an individual of 
     murder, rape, or a dangerous sexual offense, who has a prior 
     conviction for 1 of those offenses in another State.
       (3) Source of funds.--Any amount transferred under 
     paragraph (1) shall be derived by reducing the amount of 
     Federal law enforcement assistance funds received by the 
     State that convicted such individual of the prior offense 
     before the distribution of the funds to the State. The 
     Attorney General, in consultation with the chief executive of 
     the State that convicted such individual of the prior 
     offense, shall establish a payment schedule.
       (4) Construction.--Nothing in this subsection may be 
     construed to diminish or otherwise affect any court ordered 
     restitution.
       (5) Exception.--This subsection does not apply if the 
     individual convicted of murder, rape, or a dangerous sexual 
     offense has been released from prison upon the reversal of a 
     conviction for an offense described in paragraph (1) and 
     subsequently been convicted for an offense described in 
     paragraph (1).
       (d) Collection of Recidivism Data.--
       (1) In general.--Beginning with calendar year 1999, and 
     each calendar year thereafter, the Attorney General shall 
     collect and maintain information relating to, with respect to 
     each State--
       (A) the number of convictions during that calendar year for 
     murder, rape, and any sex offense in the State in which, at 
     the time of the offense, the victim had not attained the age 
     of 14 years and the offender had attained the age of 18 
     years; and
       (B) the number of convictions described in subparagraph (A) 
     that constitute second or subsequent convictions of the 
     defendant of an offense described in that subparagraph.
       (2) Report.--Not later than March 1, 2000, and on March 1 
     of each year thereafter, the Attorney General shall submit to 
     Congress a report, which shall include--
       (A) the information collected under paragraph (1) with 
     respect to each State during the preceding calendar year; and
       (B) the percentage of cases in each State in which an 
     individual convicted of an offense described in paragraph 
     (1)(A) was previously convicted of another such offense in 
     another State during the preceding calendar year.

     SEC. 1611. DRUG TESTS AND LOCKER INSPECTIONS.

       (a) Short Title.--This section may be cited as the ``School 
     Violence Prevention Act''.
       (b) Amendment.--Section 4116(b) of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 7116(b)) is 
     amended--
       (1) in paragraph (9), by striking ``and'' after the 
     semicolon;
       (2) by redesignating paragraph (10) as paragraph (11); and
       (3) by inserting after paragraph (9) the following:
       ``(10) consistent with the fourth amendment to the 
     Constitution of the United States, testing a student for 
     illegal drug use or inspecting a student's locker for guns, 
     explosives, other weapons, or illegal drugs, including at the 
     request of or with the consent of a parent or legal guardian 
     of the student, if the local educational agency elects to so 
     test or inspect; and''.

     SEC. 1612. WAIVER FOR LOCAL MATCH REQUIREMENT UNDER COMMUNITY 
                   POLICING PROGRAM.

       Section 1701(i) of the Omnibus Crime Control and Safe 
     Streets Act of 1968 (42 U.S.C. 3796dd(i)) is amended by 
     adding at the end of the first sentence the following:

     ``The Attorney General shall waive the requirement under this 
     subsection of a non-Federal contribution to the costs of a 
     program, project, or activity that hires law enforcement 
     officers for placement in public schools by a jurisdiction 
     that demonstrates financial need or hardship.''.

     SEC. 1613. CARJACKING OFFENSES.

       Section 2119 of title 18, United States Code, is amended by 
     striking ``, with the intent to cause death or serious bodily 
     harm''.

     SEC. 1614. SPECIAL FORFEITURE OF COLLATERAL PROFITS OF CRIME.

       Section 3681 of title 18, United States Code, is amended by 
     striking subsection (a) and inserting the following:
       ``(a) In General.--
       ``(1) Forfeiture of proceeds.--Upon the motion of the 
     United States attorney made at any time after conviction of a 
     defendant for an offense described in paragraph (2), and 
     after notice to any interested party, the court shall order 
     the defendant to forfeit all or any part of proceeds received 
     or to be received by the defendant, or a transferee of the 
     defendant, from a contract relating to the transfer of a 
     right or interest of the defendant in any property described 
     in paragraph (3), if the court determines that--
       ``(A) the interests of justice or an order of restitution 
     under this title so require;
       ``(B) the proceeds (or part thereof) to be forfeited 
     reflect the enhanced value of the property attributable to 
     the offense; and
       ``(C) with respect to a defendant convicted of an offense 
     against a State--
       ``(i) the property at issue, or the proceeds to be 
     forfeited, have travelled in interstate or foreign commerce 
     or were derived through the use of an instrumentality of 
     interstate or foreign commerce; and
       ``(ii) the attorney general of the State has declined to 
     initiate a forfeiture action with respect to the proceeds to 
     be forfeited.
       ``(2) Offenses described.--An offense is described in this 
     paragraph if it is--
       ``(A) an offense under section 794 of this title;
       ``(B) a felony offense against the United States or any 
     State; or
       ``(C) a misdemeanor offense against the United States or 
     any State resulting in physical harm to any individual.
       ``(3) Property described.--Property is described in this 
     paragraph if it is any property, tangible or intangible, 
     including any--
       ``(A) evidence of the offense;
       ``(B) instrument of the offense, including any vehicle used 
     in the commission of the offense;
       ``(C) real estate where the offense was committed;
       ``(D) document relating to the offense;
       ``(E) photograph or audio or video recording relating to 
     the offense;
       ``(F) clothing, jewelry, furniture, or other personal 
     property relating to the offense;
       ``(G) movie, book, newspaper, magazine, radio or television 
     production, or live entertainment of any kind depicting the 
     offense or otherwise relating to the offense;
       ``(H) expression of the thoughts, opinions, or emotions of 
     the defendant regarding the offense; or
       ``(I) other property relating to the offense.''.

     SEC. 1615. CALLER IDENTIFICATION SERVICES TO ELEMENTARY AND 
                   SECONDARY SCHOOLS AS PART OF UNIVERSAL SERVICE 
                   OBLIGATION.

       (a) Clarification.--Section 254(h)(1)(B) of the 
     Communications Act of 1934 (47 U.S.C. 254(h)(1)(B)) is 
     amended by inserting after ``under subsection (c)(3),'' the 
     following: ``including caller identification services with 
     respect to elementary and secondary schools,''.
       (b) Outreach.--The Federal Communications Commission shall 
     take appropriate actions to notify elementary and secondary 
     schools throughout the United States of--
       (1) the availability of caller identification services as 
     part of the services that are within the definition of 
     universal service under section 254(h)(1)(B) of the 
     Communications Act of 1934; and
       (2) the procedures to be used by such schools in applying 
     for such services under that section.

     SEC. 1616. PARENT LEADERSHIP MODEL.

       (a) In General.--The Administrator of the Office of 
     Juvenile Crime Control and Prevention is authorized to make a 
     grant to a national organization to provide training, 
     technical assistance, best practice strategies, program 
     materials and other necessary support for a mutual support, 
     parental leadership model proven to prevent child abuse and 
     juvenile delinquency.
       (b) Authorization.--There are authorized to be appropriated 
     out of the Violent Crime Trust Fund, $3,000,000.

     SEC. 1617. NATIONAL MEDIA CAMPAIGN AGAINST VIOLENCE.

       There is authorized to be appropriated to the National 
     Crime Prevention Council not to exceed $25,000,000, to be 
     expended without fiscal-year limitation, for a 2-year 
     national media campaign, to be conducted in consultation with 
     national, statewide or community based youth organizations, 
     Boys and Girls Clubs of America, and to be targeted to 
     parents (and other caregivers) and to youth, to reduce and 
     prevent violent criminal behavior by young Americans: 
     Provided, That none of such funds may be used--(1) to 
     propose, influence, favor, or oppose any change in any 
     statute, rule, regulation, treaty, or other provision of law; 
     (2) for any partisan political purpose; (3) to feature any 
     elected officials, persons seeking elected office, cabinet-
     level officials, or Federal officials employed pursuant to 
     Schedule C of title 5, Code of Federal Regulations, section 
     213; or (4) in any way that otherwise would violate section 
     1913 of title 18 of the United States Code: Provided further, 
     That, for purposes hereof, ``violent criminal behavior by 
     young

[[Page 11075]]

     Americans'' means behavior, by minors residing in the United 
     States (or in any jurisdiction under the sovereign 
     jurisdiction thereof), that both is illegal under Federal, 
     State, or local law, and involves acts or threats of physical 
     violence, physical injury, or physical harm: Provided 
     further, That not to exceed 10 percent of the funds 
     appropriated pursuant to this authorization shall be used to 
     commission an objective accounting, from a licensed and 
     certified public accountant, using generally-accepted 
     accounting principles, of the funds appropriated pursuant to 
     this authorization and of any other funds or in-kind 
     donations spent or used in the campaign, and an objective 
     evaluation both of the impact and cost-effectiveness of the 
     campaign and of the campaign-related activities of the 
     Council and the Clubs, which accounting and evaluation shall 
     be submitted by the Council to the Committees on 
     Appropriations and the Judiciary of each House of Congress by 
     not later than 9 months after the conclusion of the campaign.

     SEC. 1618. VICTIMS OF TERRORISM.

       (a) In General.--Section 1404B of the Victims of Crime Act 
     of 1984 (42 U.S.C. 10603b) is amended to read as follows:

     ``SEC. 1404B. COMPENSATION AND ASSISTANCE TO VICTIMS OF 
                   TERRORISM OR MASS VIOLENCE.

       ``(a) Definitions.--In this section--
       ``(1) the term `eligible crime victim compensation program' 
     means a program that meets the requirements of section 
     1402(b);
       ``(2) the term `eligible crime victim assistance program' 
     means a program that meets the requirements of section 
     1404(b);
       ``(3) the term `public agency' includes any Federal, State, 
     or local government or nonprofit organization; and
       ``(4) the term `victim'--
       ``(A) means an individual who is citizen or employee of the 
     United States, and who is injured or killed as a result of a 
     terrorist act or mass violence, whether occurring within or 
     outside the United States; and
       ``(B) includes, in the case of an individual described in 
     subparagraph (A) who is deceased, the family members of the 
     individual.
       ``(b) Grants Authorized.--The Director may make grants, as 
     provided in either section 1402(d)(4)(B) or 1404--
       ``(1) to States, which shall be used for eligible crime 
     victim compensation programs and eligible crime victim 
     assistance programs for the benefit of victims; and
       ``(2) to victim service organizations, and public agencies 
     that provide emergency or ongoing assistance to victims of 
     crime, which shall be used to provide, for the benefit of 
     victims--
       ``(A) emergency relief (including compensation, assistance, 
     and crisis response) and other related victim services; and
       ``(B) training and technical assistance for victim service 
     providers.
       ``(c) Rule of Construction.--Nothing in this section may be 
     construed to supplant any compensation available under title 
     VIII of the Omnibus Diplomatic Security and Antiterrorism Act 
     of 1986.''.
       (b) Applicability.--The amendment made by this section 
     applies to any terrorist act or mass violence occurring on or 
     after December 20, 1988, with respect to which an 
     investigation or prosecution was ongoing after April 24, 
     1996.

     SEC. 1619. TRUTH-IN-SENTENCING INCENTIVE GRANTS.

       (a) Qualification Date.--Section 20104 of the Violent Crime 
     Control and Law Enforcement Act of 1994 (42 U.S.C. 
     13704(a)(3)) is amended by striking ``on April 26, 1996'' and 
     inserting ``on or after April 26, 1996.''
       (b) Minimum Amount.--Section 20106 of the Violent Crime 
     Control and Law Enforcement Act of 1994 (42 U.S.C. 13706) is 
     amended by striking subsection (b) and inserting the 
     following:
       ``(b) Formula Allocation.--The amount made available to 
     carry out this section for any fiscal year under section 
     20104 shall be allocated as follows:
       ``(1) .75 percent shall be allocated to each State that 
     meets the requirements of section 20104, except that the 
     United States Virgin Islands, America Samoa, Guam, and the 
     Northern Mariana Islands each shall be allocated 0.05 
     percent; and
       ``(2) The amount remaining after the application of 
     paragraph (1) shall be allocated to each State that meets the 
     requirements of section 20104 in the ratio that the average 
     annual number of part 1 violent crimes reported by that State 
     to the Federal Bureau of Investigation for the 3 years 
     preceding the year in which the determination is made bears 
     to the average annual number of part 1 violent crimes 
     reported by States that meet the requirements of section 
     20104 to the Federal Bureau of Investigation for the 3 years 
     preceding the year in which the determination is made, except 
     that a State may not receive more than 25 percent of the 
     total amount available for such grants.''.

     SEC. 1620. APPLICATION OF PROVISION RELATING TO A SENTENCE OF 
                   DEATH FOR AN ACT OF ANIMAL ENTERPRISE 
                   TERRORISM.

       Section 3591 of title 18, United States Code (relating to 
     circumstances under which a defendant may be sentenced to 
     death), shall apply to sentencing for a violation of section 
     43 of title 18, United States Code, as amended by this Act to 
     include the death penalty as a possible punishment.

     SEC. 1621. PROHIBITIONS RELATING TO EXPLOSIVE MATERIALS.

       (a) Prohibition of Sale, Delivery, or Transfer of Explosive 
     Materials to Certain Individuals.--Section 842 of title 18, 
     United States Code, is amended by striking subsection (d) and 
     inserting the following:
       ``(d) Prohibition of Sale, Delivery, or Transfer of 
     Explosive Materials to Certain Individuals.--It shall be 
     unlawful for any licensee to knowingly sell, deliver, or 
     transfer any explosive materials to any individual who--
       ``(1) is less than 21 years of age;
       ``(2) is under indictment for, or has been convicted in any 
     court of, a crime punishable by imprisonment for a term 
     exceeding 1 year;
       ``(3) is a fugitive from justice;
       ``(4) is an unlawful user of or addicted to any controlled 
     substance (as defined in section 102 of the Controlled 
     Substances Act (21 U.S.C. 802));
       ``(5) has been adjudicated as a mental defective or has 
     been committed to any mental institution;
       ``(6) being an alien--
       ``(A) is illegally or unlawfully in the United States; or
       ``(B) except as provided in section 845(d), has been 
     admitted to the United States under a nonimmigrant visa (as 
     that term is defined in section 101(a)(26) of the Immigration 
     and Nationality Act (8 U.S.C. 1101(a)(26));
       ``(7) has been discharged from the Armed Forces under 
     dishonorable conditions;
       ``(8) having been a citizen of the United States, has 
     renounced his citizenship;
       ``(9) is subject to a court order that restrains such 
     person from harassing, stalking, or threatening an intimate 
     partner of such person or child of such intimate partner or 
     person, or engaging in other conduct that would place an 
     intimate partner in reasonable fear of bodily injury to the 
     partner or child, except that this paragraph shall only apply 
     to a court order that--
       ``(A) was issued after a hearing of which such person 
     received actual notice, and at which such person had the 
     opportunity to participate; and
       ``(B)(i) includes a finding that such person represents a 
     credible threat to the physical safety of such intimate 
     partner or child; and
       ``(ii) by its terms explicitly prohibits the use, attempted 
     use, or threatened use of physical force against such 
     intimate partner or child that would reasonably be expected 
     to cause bodily injury; or
       ``(10) has been convicted in any court of a misdemeanor 
     crime of domestic violence.''.
       (b) Prohibition on Shipping, Transporting, Possession, or 
     Receipt of Explosives by Certain Individuals.--Section 842 of 
     title 18, United States Code, is amended by striking 
     subsection (i) and inserting the following:
       ``(i) Prohibition on Shipping, Transporting, Possession, or 
     Receipt of Explosives by Certain Individuals.--It shall be 
     unlawful for any person to ship or transport in interstate or 
     foreign commerce, or possess, in or affecting commerce, any 
     explosive, or to receive any explosive that has been shipped 
     or transported in interstate or foreign commerce, if that 
     person--
       ``(1) is less than 21 years of age;
       ``(2) has been convicted in any court, of a crime 
     punishable by imprisonment for a term exceeding 1 year;
       ``(3) is a fugitive from justice;
       ``(4) is an unlawful user of or addicted to any controlled 
     substance (as defined in section 102 of the Controlled 
     Substances Act (21 U.S.C. 802));
       ``(5) has been adjudicated as a mental defective or who has 
     been committed to a mental institution;
       ``(6) being an alien--
       ``(A) is illegally or unlawfully in the United States; or
       ``(B) except as provided in section 845(d), has been 
     admitted to the United States under a nonimmigrant visa (as 
     that term is defined in section 101(a)(26) of the Immigration 
     and Nationality Act (8 U.S.C. 1101(a)(26));
       ``(7) has been discharged from the Armed Forces under 
     dishonorable conditions;
       ``(8) having been a citizen of the United States, has 
     renounced his citizenship; or
       ``(9) is subject to a court order that--
       ``(A) was issued after a hearing of which such person 
     received actual notice, and at which such person had an 
     opportunity to participate;
       ``(B) restrains such person from harassing, stalking, or 
     threatening an intimate partner of such person or child of 
     such intimate partner or person, or engaging in other conduct 
     that would place an intimate partner in reasonable fear of 
     bodily injury to the partner or child; and
       ``(C)(i) includes a finding that such person represents a 
     credible threat to the physical safety of such intimate 
     partner or child; and
       ``(ii) by its terms explicitly prohibits the use, attempted 
     use, or threatened use of physical force against such 
     intimate partner or child that would reasonably be expected 
     to cause bodily injury; or
       ``(10) has been convicted in any court of a misdemeanor 
     crime of domestic violence.''.

[[Page 11076]]

       (c) Exceptions and Waiver for Certain Individuals.--Section 
     845 of title 18, United States Code, is amended by adding at 
     the end the following:
       ``(d) Exceptions and Waiver for Certain Individuals.--
       ``(1) Definitions.--In this subsection--
       ``(A) the term `alien' has the same meaning as in section 
     101(a)(3) of the Immigration and Nationality Act (8 U.S.C. 
     1101(a)(3)); and
       ``(B) the term `nonimmigrant visa' has the same meaning as 
     in section 101(a)(26) of the Immigration and Nationality Act 
     (8 U.S.C. 1101(a)(26)).
       ``(2) Exceptions.--Subsections (d)(5)(B) and (i)(5)(B) of 
     section 842 do not apply to any alien who has been lawfully 
     admitted to the United States pursuant to a nonimmigrant 
     visa, if that alien is--
       ``(A) admitted to the United States for lawful hunting or 
     sporting purposes;
       ``(B) a foreign military personnel on official assignment 
     to the United States;
       ``(C) an official of a foreign government or a 
     distinguished foreign visitor who has been so designated by 
     the Department of State; or
       ``(D) a foreign law enforcement officer of a friendly 
     foreign government entering the United States on official law 
     enforcement business.
       ``(3) Waiver.--
       ``(A) In general.--Any individual who has been admitted to 
     the United States under a nonimmigrant visa and who is not 
     described in paragraph (2), may receive a waiver from the 
     applicability of subsection (d)(5)(B) or (i)(5)(B) of section 
     842, if--
       ``(i) the individual submits to the Attorney General a 
     petition that meets the requirements of subparagraph (B); and
       ``(ii) the Attorney General approves the petition.
       ``(B) Petitions.--Each petition under subparagraph (A)(i) 
     shall--
       ``(i) demonstrate that the petitioner has resided in the 
     United States for a continuous period of not less than 180 
     days before the date on which the petition is submitted under 
     this paragraph; and
       ``(ii) include a written statement from the embassy or 
     consulate of the petitioner, authorizing the petitioner to 
     engage in any activity prohibited under subsection (d) or (i) 
     of section 842, as applicable, and certifying that the 
     petitioner would not otherwise be prohibited from engaging in 
     that activity under subsection (d) or (i) of section 842, as 
     applicable.''.

     SEC. 1622. DISTRICT JUDGES FOR DISTRICTS IN THE STATES OF 
                   ARIZONA, FLORIDA, AND NEVADA.

       (a) Short Title.--This section may be cited as the 
     ``Emergency Federal Judgeship Act of 1999''.
       (b) In General.--The President shall appoint, by and with 
     the advice and consent of the Senate--
       (1) 3 additional district judges for the district of 
     Arizona;
       (2) 4 additional district judges for the middle district of 
     Florida; and
       (3) 2 additional district judges for the district of 
     Nevada.
       (c) Tables.--In order that the table contained in section 
     133 of title 28, United States Code, will reflect the changes 
     in the total number of permanent district judgeships 
     authorized as a result of subsection (a) of this section--
       (1) the item relating to Arizona in such table is amended 
     to read as follows:

``Arizona.....................................................11'';....

       (2) the item relating to Florida in such table is amended 
     to read as follows:

``Florida:

    Northern.....................................................4 ....

    Middle......................................................15 ....

    Southern..................................................16'';....

     and
       (3) the item relating to Nevada in such table is amended to 
     read as follows:

``Nevada.......................................................6''.....

       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     the provisions of this section, including such sums as may be 
     necessary to provide appropriate space and facilities for the 
     judicial positions created by this section.

     SEC. 1623. BEHAVIORAL AND SOCIAL SCIENCE RESEARCH ON YOUTH 
                   VIOLENCE.

       (a) NIH Research.--The National Institutes of Health, 
     acting through the Office of Behavioral and Social Sciences 
     Research, shall carry out a coordinated, multi-year course of 
     behavioral and social science research on the causes and 
     prevention of youth violence.
       (b) Nature of Research.--Funds made available to the 
     National Institutes of Health pursuant to this section shall 
     be utilized to conduct, support, coordinate, and disseminate 
     basic and applied behavioral and social science research with 
     respect to youth violence, including research on 1 or more of 
     the following subjects:
       (1) The etiology of youth violence.
       (2) Risk factors for youth violence.
       (3) Childhood precursors to antisocial violent behavior.
       (4) The role of peer pressure in inciting youth violence.
       (5) The processes by which children develop patterns of 
     thought and behavior, including beliefs about the value of 
     human life.
       (6) Science-based strategies for preventing youth violence, 
     including school and community-based programs.
       (7) Other subjects that the Director of the Office of 
     Behavioral and Social Sciences Research deems appropriate.
       (c) Role of the Office of Behavioral and Social Sciences 
     Research.--Pursuant to this section and section 404A of the 
     Public Health Service Act (42 U.S.C. 283c), the Director of 
     the Office of Behavioral and Social Sciences Research shall--
       (1) coordinate research on youth violence conducted or 
     supported by the agencies of the National Institutes of 
     Health;
       (2) identify youth violence research projects that should 
     be conducted or supported by the research institutes, and 
     develop such projects in cooperation with such institutes and 
     in consultation with State and Federal law enforcement 
     agencies;
       (3) take steps to further cooperation and collaboration 
     between the National Institutes of Health and the Centers for 
     Disease Control and Prevention, the Substance Abuse and 
     Mental Health Services Administration, the agencies of the 
     Department of Justice, and other governmental and 
     nongovernmental agencies with respect to youth violence 
     research conducted or supported by such agencies;
       (4) establish a clearinghouse for information about youth 
     violence research conducted by governmental and 
     nongovernmental entities; and
       (5) periodically report to Congress on the state of youth 
     violence research and make recommendations to Congress 
     regarding such research.
       (d) Funding.--There is authorized to be appropriated, 
     $5,000,000 for each of fiscal years 2000 through 2004 to 
     carry out this section. If amount are not separately 
     appropriated to carry out this section, the Director of the 
     National Institutes of Health shall carry out this section 
     using funds appropriated generally to the National Institutes 
     of Health, except that funds expended for under this section 
     shall supplement and not supplant existing funding for 
     behavioral research activities at the National Institutes of 
     Health.

     SEC. 1624. SENSE OF THE SENATE REGARDING MENTORING PROGRAMS.

       (a) Findings.--The Senate finds that--
       (1) the well-being of all people of the United States is 
     preserved and enhanced when young people are given the 
     guidance they need to live healthy and productive lives;
       (2) adult mentors can play an important role in ensuring 
     that young people become healthy, productive, successful 
     members of society;
       (3) at-risk young people with mentors are 46 percent less 
     likely to begin using illegal drugs than at-risk young people 
     without mentors;
       (4) at-risk young people with mentors are 27 percent less 
     likely to begin using alcohol than at-risk young people 
     without mentors;
       (5) at-risk young people with mentors are 53 percent less 
     likely to skip school than at-risk young people without 
     mentors;
       (6) at-risk young people with mentors are 33 percent less 
     likely to hit someone than at-risk young people without 
     mentors;
       (7) 73 percent of students with mentors report that their 
     mentors helped raise their goals and expectations; and
       (8) there are many employees of the Federal Government who 
     would like to serve as youth or family mentors but are unable 
     to leave their jobs to participate in mentoring programs.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that the President should issue an Executive Order allowing 
     all employees of the Federal Government to use a maximum of 1 
     hour each week of excused absence or administrative leave to 
     serve as mentors in youth or family mentoring programs.

     SEC. 1625. FAMILIES AND SCHOOLS TOGETHER PROGRAM.

       (a) Definitions.--In this section:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Office of Juvenile Justice and 
     Delinquency in the Department of Justice.
       (2) Fast program.--The term ``FAST program'' means a 
     program that addresses the urgent social problems of youth 
     violence and chronic juvenile delinquency by building and 
     enhancing juveniles' relationships with their families, 
     peers, teachers, school staff, and other members of the 
     community by bringing together parents, schools, and 
     communities to help--
       (A) at-risk children identified by their teachers to 
     succeed;
       (B) enhance the functioning of families with at-risk 
     children;
       (C) prevent alcohol and other drug abuse in the family; and
       (D) reduce the stress that their families experience from 
     daily life.
       (b) Authorization.--In consultation with the Attorney 
     General, the Secretary of Education, and the Secretary of the 
     Department of Health and Human Services, the Administrator 
     shall carry out a Family and Schools Together program to 
     promote FAST programs.
       (c) Regulations.--Not later than 60 days after the date of 
     enactment of this Act, the Administrator, in consultation 
     with the Attorney General, the Secretary of Education, and 
     the Secretary of the Department of

[[Page 11077]]

     Health and Human Services shall develop regulations governing 
     the distribution of the funds for FAST programs.
       (d) Authorization of Appropriations.--
       (1) In general.--There is authorized to be appropriated to 
     carry out this section $9,000,000 for each of the fiscal 
     years 2000 through 2004.
       (2) Allocation.--Of amounts appropriated under paragraph 
     (1)--
       (A) 83.33 percent shall be available for the implementation 
     of local FAST programs; and
       (B) 16.67 percent shall be available for research and 
     evaluation of FAST programs.

     SEC. 1626. AMENDMENTS RELATING TO VIOLENT CRIME IN INDIAN 
                   COUNTRY AND AREAS OF EXCLUSIVE FEDERAL 
                   JURISDICTION.

       (a) Assaults With Maritime and Territorial Jurisdiction.--
     Section 113(a)(3) of title 18, United States Code, is amended 
     by striking ``with intent to do bodily harm, and''.
       (b) Offenses Committed Within Indian Country.--Section 1153 
     of title 18, United States Code, is amended--
       (1) in subsection (a), by inserting ``an offense for which 
     the maximum statutory term of imprisonment under section 1363 
     is greater than 5 years,'' after ``a felony under chapter 
     109A,''; and
       (2) by adding at the end the following:
       ``(c) Nothing in this section shall limit the inherent 
     power of an Indian tribe to exercise criminal jurisdiction 
     over any Indian with respect to any offense committed within 
     Indian country, subject to the limitations on punishment 
     under section 202(7) of the Civil Rights Act of 1968 (25 
     U.S.C. 1302(7)).''.
       (c) Racketeering Activity.--Section 1961(1)(A) of title 18, 
     United States Code, is amended by inserting ``(or would have 
     been so chargeable except that the act or threat was 
     committed in Indian country, as defined in section 1151, or 
     in any other area of exclusive Federal jurisdiction)'' after 
     ``chargeable under State law''.
       (d) Manslaughter Within the Special Maritime and 
     Territorial Jurisdiction of the United States.--Section 
     1112(b) of title 18, United States Code, is amended by 
     striking ``ten years'' and inserting ``20 years''.
       (e) Embezzlement and Theft From Indian Tribal 
     Organizations.--The second undesignated paragraph of section 
     1163 of title 18, United States Code, is amended by striking 
     ``so embezzled,'' and inserting ``embezzled,''.

     SEC. 1627. FEDERAL JUDICIARY PROTECTION ACT OF 1999.

       (a) Short Title.--This section may be cited as the 
     ``Federal Judiciary Protection Act of 1999''.
       (b) Assaulting, Resisting, or Impeding Certain Officers or 
     Employees.--Section 111 of title 18, United States Code, is 
     amended--
       (1) in subsection (a), by striking ``three'' and inserting 
     ``8''; and
       (2) in subsection (b), by striking ``ten'' and inserting 
     ``20''.
       (c) Influencing, Impeding, or Retaliating Against a Federal 
     Official by Threatening or Injuring a Family Member.--Section 
     115(b)(4) of title 18, United States Code, is amended--
       (1) by striking ``five'' and inserting ``10''; and
       (2) by striking ``three'' and inserting ``6''.
       (d) Mailing Threatening Communications.--Section 876 of 
     title 18, United States Code, is amended--
       (1) by designating the first 4 undesignated paragraphs as 
     subsections (a) through (d), respectively;
       (2) in subsection (c), as so designated, by adding at the 
     end the following: ``If such a communication is addressed to 
     a United States judge, a Federal law enforcement officer, or 
     an official who is covered by section 1114, the individual 
     shall be fined under this title, imprisoned not more than 10 
     years, or both.''; and
       (3) in subsection (d), as so designated, by adding at the 
     end the following: ``If such a communication is addressed to 
     a United States judge, a Federal law enforcement officer, or 
     an official who is covered by section 1114, the individual 
     shall be fined under this title, imprisoned not more than 10 
     years, or both.''.
       (e) Amendment of the Sentencing Guidelines for Assaults and 
     Threats Against Federal Judges and Certain Other Federal 
     Officials and Employees.--
       (1) In general.--Pursuant to its authority under section 
     994 of title 28, United States Code, the United States 
     Sentencing Commission shall review and amend the Federal 
     sentencing guidelines and the policy statements of the 
     Commission, if appropriate, to provide an appropriate 
     sentencing enhancement for offenses involving influencing, 
     assaulting, resisting, impeding, retaliating against, or 
     threatening a Federal judge, magistrate judge, or any other 
     official described in section 111 or 115 of title 18, United 
     States Code.
       (2) Factors for consideration.--In carrying out this 
     section, the United States Sentencing Commission shall 
     consider, with respect to each offense described in paragraph 
     (1)--
       (A) any expression of congressional intent regarding the 
     appropriate penalties for the offense;
       (B) the range of conduct covered by the offense;
       (C) the existing sentences for the offense;
       (D) the extent to which sentencing enhancements within the 
     Federal sentencing guidelines and the court's authority to 
     impose a sentence in excess of the applicable guideline range 
     are adequate to ensure punishment at or near the maximum 
     penalty for the most egregious conduct covered by the 
     offense;
       (E) the extent to which Federal sentencing guideline 
     sentences for the offense have been constrained by statutory 
     maximum penalties;
       (F) the extent to which Federal sentencing guidelines for 
     the offense adequately achieve the purposes of sentencing as 
     set forth in section 3553(a)(2) of title 18, United States 
     Code;
       (G) the relationship of Federal sentencing guidelines for 
     the offense to the Federal sentencing guidelines for other 
     offenses of comparable seriousness; and
       (H) any other factors that the Commission considers to be 
     appropriate.

     SEC. 1628. LOCAL ENFORCEMENT OF LOCAL ALCOHOL PROHIBITIONS 
                   THAT REDUCE JUVENILE CRIME IN REMOTE ALASKA 
                   VILLAGES.

       (a) Congressional Findings.--The Congress finds the 
     following:
       (1) Villages in remote areas of Alaska lack local law 
     enforcement due to the absence of a tax base to support such 
     services and to small populations that do not secure 
     sufficient funds under existing State and Federal grant 
     program formulas.
       (2) State troopers are often unable to respond to reports 
     of violence in remote villages if there is inclement weather, 
     and often only respond in reported felony cases.
       (3) Studies conclude that alcohol consumption is strongly 
     linked to the commission of violent crimes in remote Alaska 
     villages and that youth are particularly susceptible to 
     developing chronic criminal behaviors associated with alcohol 
     in the absence of early intervention.
       (4) Many remote villages have sought to limit the 
     introduction of alcohol into their communities as a means of 
     early intervention and to reduce criminal conduct among 
     juveniles.
       (5) In many remote villages, there is no person with the 
     authority to enforce these local alcohol restrictions in a 
     manner consistent with judicical standards of due process 
     required under the State and Federal constitutions.
       (6) Remote Alaska villages are experiencing a marked 
     increase in births and the number of juveniles residing in 
     villages is expected to increase dramatically in the next 5 
     years.
       (7) Adoption of alcohol prohibitions by voters in remote 
     villages represents a community-based effort to reduce 
     juvenile crime, but this local policy choice requires local 
     law enforcement to be effective.
       (b) Grant of Federal Funds.--(1) The Attorney General is 
     authorized to provide to the State of Alaska funds for State 
     law enforcement, judicial infrastructure and other costs 
     necessary in remote villages to implement the prohibitions on 
     the sale, importation and possession of alcohol adopted 
     pursuant to State local option statutes.
       (2) Funds provided to the State of Alaska under this 
     section shall be in addition to and shall not disqualify the 
     State, local governments, or Indian tribes (as that term is 
     defined in section 4(e) of the Indian Self-Determination and 
     Education Assistance Act (P.L. 93-638, as amended; 25 U.S.C. 
     450b(e) (1998)) from Federal funds available under other 
     authority.
       (c) Authorization of Appropriations.--
       (1) In General.--There are authorized to be appropriated to 
     carry out this section--
       (A) $15,000,000 for fiscal year 2000;
       (B) $17,000,000 for fiscal year 2001;
       (C) $18,000,000 for fiscal year 2002.
       (2) Source of sums.--Amounts authorized to be appropriated 
     under this subsection may be derived from the Violent Crime 
     Reduction Trust Fund.

     SEC. 1629. RULE OF CONSTRUCTION.

       Nothing in this Act may be construed to create, expand or 
     diminish or in any way affect the jurisdiction of an Indian 
     tribe in the State of Alaska.

     SEC. 1630. BOUNTY HUNTER ACCOUNTABILITY AND QUALITY 
                   ASSISTANCE.

       (a) Findings.--Congress finds that--
       (1) bounty hunters, also known as bail enforcement officers 
     or recovery agents, provide law enforcement officers and the 
     courts with valuable assistance in recovering fugitives from 
     justice;
       (2) regardless of the differences in their duties, skills, 
     and responsibilities, the public has had difficulty in 
     discerning the difference between law enforcement officers 
     and bounty hunters;
       (3) the availability of bail as an alternative to the 
     pretrial detention or unsecured release of criminal 
     defendants is important to the effective functioning of the 
     criminal justice system;
       (4) the safe and timely return to custody of fugitives who 
     violate bail contracts is an important matter of public 
     safety, as is the return of any other fugitive from justice;
       (5) bail bond agents are widely regulated by the States, 
     whereas bounty hunters are largely unregulated;
       (6) the public safety requires the employment of qualified, 
     well-trained bounty hunters; and

[[Page 11078]]

       (7) in the course of their duties, bounty hunters often 
     move in and affect interstate commerce.
       (b) Definitions.--In this section--
       (1) the term ``bail bond agent'' means any retail seller of 
     a bond to secure the release of a criminal defendant pending 
     judicial proceedings, unless such person also is self-
     employed to obtain the recovery of any fugitive from justice 
     who has been released on bail;
       (2) the term ``bounty hunter''--
       (A) means any person whose services are engaged, either as 
     an independent contractor or as an employee of a bounty 
     hunter employer, to obtain the recovery of any fugitive from 
     justice who has been released on bail; and
       (B) does not include any--
       (i) law enforcement officer acting under color of law;
       (ii) attorney, accountant, or other professional licensed 
     under applicable State law;
       (iii) employee whose duties are primarily internal audit or 
     credit functions;
       (iv) person while engaged in the performance of official 
     duties as a member of the Armed Forces on active duty (as 
     defined in section 101(d)(1) of title 10, United States 
     Code); or
       (v) bail bond agent;
       (3) the term ``bounty hunter employer''--
       (A) means any person that--
       (i) employs 1 or more bounty hunters; or
       (ii) provides, as an independent contractor, for 
     consideration, the services of 1 or more bounty hunters 
     (which may include the services of that person); and
       (B) does not include any bail bond agent; and
       (4) the term ``law enforcement officer'' means a public 
     officer or employee authorized under applicable Federal or 
     State law to conduct or engage in the prevention, 
     investigation, prosecution, or adjudication of criminal 
     offenses, including any public officer or employee engaged in 
     corrections, parole, or probation functions, or the recovery 
     of any fugitive from justice.
       (c) Model Guidelines.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Attorney General shall develop 
     model guidelines for the State control and regulation of 
     persons employed or applying for employment as bounty 
     hunters. In developing such guidelines, the Attorney General 
     shall consult with organizations representing--
       (A) State and local law enforcement officers;
       (B) State and local prosecutors;
       (C) the criminal defense bar;
       (D) bail bond agents;
       (E) bounty hunters; and
       (F) corporate sureties.
       (2) Recommendations.--The guidelines developed under 
     paragraph (1) shall include recommendations of the Attorney 
     General regarding whether--
       (A) a person seeking employment as a bounty hunter should--
       (i) be required to submit to a fingerprint-based criminal 
     background check prior to entering into the performance of 
     duties pursuant to employment as a bounty hunter; or
       (ii) not be allowed to obtain such employment if that 
     person has been convicted of a felony offense under Federal 
     or State law;
       (B) bounty hunters and bounty hunter employers should be 
     required to obtain adequate liability insurance for actions 
     taken in the course of performing duties pursuant to 
     employment as a bounty hunter; and
       (C) State laws should provide--
       (i) for the prohibition on bounty hunters entering any 
     private dwelling, unless the bounty hunter first knocks on 
     the front door and announces the presence of 1 or more bounty 
     hunters; and
       (ii) the official recognition of bounty hunters from other 
     States.
       (3) Effect on bail.--The guidelines published under 
     paragraph (1) shall include an analysis of the estimated 
     effect, if any, of the adoption of the guidelines by the 
     States on--
       (A) the cost and availability of bail; and
       (B) the bail bond agent industry.
       (4) No regulatory authority.--Nothing in this subsection 
     may be construed to authorize the promulgation of any Federal 
     regulation relating to bounty hunters, bounty hunter 
     employers, or bail bond agents.
       (5) Publication of guidelines.--The Attorney General shall 
     publish model guidelines developed pursuant to paragraph (1) 
     in the Federal Register.

     SEC. 1631. ASSISTANCE FOR UNINCORPORATED NEIGHBORHOOD WATCH 
                   PROGRAMS.

       (a) In General.--Section 1701(d) of title I of the Omnibus 
     Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
     3796dd(d)) is amended--
       (1) in paragraph (10), by striking ``and'' at the end;
       (2) in paragraph (11), by striking the period at the end 
     and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(12) provide assistance to unincorporated neighborhood 
     watch organizations approved by the appropriate local police 
     or sheriff's department, in an amount equal to not more than 
     $1,950 per organization, for the purchase of citizen band 
     radios, street signs, magnetic signs, flashlights, and other 
     equipment relating to neighborhood watch patrols.''.
       (b) Authorization of Appropriations.--Section 1001(a)(11) 
     of title I of the Omnibus Crime Control and Safe Streets Act 
     of 1968 (42 U.S.C. 3793(a)(11)) is amended--
       (1) in subparagraph (A), by striking clause (vi) and 
     inserting the following:
       ``(vi) $282,625,000 for fiscal year 2000.''; and
       (2) in subparagraph (B) by inserting after ``(B)'' the 
     following: ``Of amounts made available to carry out part Q in 
     each fiscal year $14,625,000 shall be used to carry out 
     section 1701(d)(12).''.

     SEC. 1632. FINDINGS AND SENSE OF CONGRESS.

       (a) Findings.--Congress makes the following findings--
       (1) The Nation's highest priority should be to ensure that 
     children begin school ready to learn.
       (2) New scientific research shows that the electrical 
     activity of brain cells actually changes the physical 
     structure of the brain itself and that without a stimulating 
     environment, a baby's brain will suffer. At birth, a baby's 
     brain contains 100,000,000,000 neurons, roughly as many nerve 
     cells as there are stars in the Milky Way, but the wiring 
     pattern between these neurons develops over time. Children 
     who play very little or are rarely touched develop brains 
     that are 20 to 30 percent smaller than normal for their age.
       (3) This scientific research also conclusively demonstrates 
     that enhancing children's physical, social, emotional, and 
     intellectual development will result in tremendous benefits 
     for children, families, and the Nation.
       (4) Since more than 50 percent of the mothers of children 
     under the age of 3 now work outside of the home, society must 
     change to provide new supports so young children receive the 
     attention and care that they need.
       (5) There are 12,000,000 children under the age of 3 in the 
     United States today and 1 in 4 lives in poverty.
       (6) Compared with most other industrialized countries, the 
     United States has a higher infant mortality rate, a higher 
     proportion of low-birth weight babies, and a smaller 
     proportion of babies immunized against childhood diseases.
       (7) National and local studies have found a strong link 
     between--
       (A) lack of early intervention for children; and
       (B) increased violence and crime among youth.
       (8) The United States will spend more than $35,000,000,000 
     over the next 5 years on Federal programs for at-risk or 
     delinquent youth and child welfare programs, which address 
     crisis situations that frequently could have been avoided or 
     made much less severe through good early intervention for 
     children.
       (9) Many local communities across the country have 
     developed successful early childhood efforts and with 
     additional resources could expand and enhance opportunities 
     for young children.
       (b) Sense of Congress.--It is the sense of Congress that 
     Federal funding for early childhood development 
     collaboratives should be a priority in the Federal budget for 
     fiscal year 2000 and subsequent fiscal years.

     SEC. 1633. PROHIBITION ON PROMOTING VIOLENCE ON FEDERAL 
                   PROPERTY.

       (a) General Rule.--A Federal department or agency that--
       (1) considers a request from an individual or entity for 
     the use of any property, facility, equipment, or personnel of 
     the department or agency, or for any other cooperation from 
     the department or agency, to film a motion picture or 
     television production for commercial purposes; and
       (2) makes a determination as to whether granting a request 
     described in paragraph (1) is consistent with--
       (A) United States policy;
       (B) the mission or interest of the department or agency; or
       (C) the public interest;
     shall not grant such a request without considering whether 
     such motion picture or television production glorifies or 
     endorses wanton and gratuitous violence.
       (b) Exception.--Subsection (a) shall not apply to--
       (1) any bona fide newsreel or news television production; 
     or
       (2) any public service announcement.

     SEC. 1634. PROVISIONS RELATING TO PAWN SHOPS AND SPECIAL 
                   LICENSEES.

       (a) Notwithstanding any other provision of this Act, the 
     repeal heretofore effected by paragraph (1) and the amendment 
     heretofore effected by paragraph (2) of subsection (c) with 
     the heading ``Provision Related to Pawn and Other 
     Transactions'' of section 503 of title V with the heading 
     ``General Firearm Provisions'' shall be null and void.
       (b) Notwithstanding any other provision of this Act, 
     section 923(m)(1), of title 18, United States Code, as 
     heretofore provided, is amended by adding at the end the 
     following subparagraph:
       ``(F) Compliance.--Except as to the State and local 
     planning and zoning requirements for a licensed premises as 
     provided in subparagraph (D), a special licensee shall be 
     subject to all of the provisions of this chapter applicable 
     to dealers, including, but not limited to, the performance of 
     an instant background check.''.

     SEC. 1635. EXTENSION OF BRADY BACKGROUND CHECKS TO GUN SHOWS.

       (a) Findings.--Congress finds that--
       (1) more than 4,400 traditional gun shows are held annually 
     across the United States,

[[Page 11079]]

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

[[Page 11080]]

       ``(ii) the appropriate State law enforcement agency of the 
     jurisdiction in which the transfer occurs; and
       ``(6) retain a record of the transfer as part of the 
     permanent business records of the licensed importer, licensed 
     manufacturer, or licensed dealer.
       ``(f) Records of Licensee Transfers.--If any part of a 
     firearm transaction takes place at a gun show, each licensed 
     importer, licensed manufacturer, and licensed dealer who 
     transfers 1 or more firearms to a person who is not licensed 
     under this chapter shall, not later than 10 days after the 
     date on which the transfer occurs, submit to the Secretary a 
     report of the transfer, which report--
       ``(1) shall be in a form specified by the Secretary by 
     regulation;
       ``(2) shall not include the name of or other identifying 
     information relating to the transferee; and
       ``(3) shall not duplicate information provided in any 
     report required under subsection (e)(4).
       ``(g) Firearm Transaction Defined.--In this section, the 
     term `firearm transaction'--
       ``(1) includes the offer for sale, sale, transfer, or 
     exchange of a firearm; and
       ``(2) does not include the mere exhibition of a firearm.''.
       (2) Penalties.--Section 924(a) of title 18, United States 
     Code, is amended by adding at the end the following:
       ``(7)(A) Whoever knowingly violates section 931(a) shall be 
     fined under this title, imprisoned not more than 5 years, or 
     both.
       ``(B) Whoever knowingly violates subsection (b) or (c) of 
     section 931, shall be--
       ``(i) fined under this title, imprisoned not more than 2 
     years, or both; and
       ``(ii) in the case of a second or subsequent conviction, 
     such person shall be fined under this title, imprisoned not 
     more than 5 years, or both.
       ``(C) Whoever willfully violates section 931(d), shall be--
       ``(i) fined under this title, imprisoned not more than 2 
     years, or both; and
       ``(ii) in the case of a second or subsequent conviction, 
     such person shall be fined under this title, imprisoned not 
     more than 5 years, or both.
       ``(D) Whoever knowingly violates subsection (e) or (f) of 
     section 931 shall be fined under this title, imprisoned not 
     more than 5 years, or both.
       ``(E) In addition to any other penalties imposed under this 
     paragraph, the Secretary may, with respect to any person who 
     knowingly violates any provision of section 931--
       ``(i) if the person is registered pursuant to section 
     931(a), after notice and opportunity for a hearing, suspend 
     for not more than 6 months or revoke the registration of that 
     person under section 931(a); and
       ``(ii) impose a civil fine in an amount equal to not more 
     than $10,000.''.
       (3) Technical and conforming amendments.--Chapter 44 of 
     title 18, United States Code, is amended--
       (A) in the chapter analysis, by adding at the end the 
     following:

``931. Regulation of firearms transfers at gun shows.'';
     and
       (B) in the first sentence of section 923(j), by striking 
     ``a gun show or event'' and inserting ``an event''; and
       (d) 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.''.
       (e) 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.''.
       (f) Increased Penalties for Violations of Criminal 
     Background Check Requirements.--
       (1) Penalties.--Section 924 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''.
       (g) 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''.
       (h) Effective Date.--This section (other than subsection 
     (i)) and the amendments made by this section shall take 
     effect 180 days after the date of enactment of this Act.
       (i) Inapplicability of Other Provisions.--Notwithstanding 
     any other provision of this Act, the provisions of the title 
     headed ``GENERAL FIREARM PROVISIONS'' (as added by the 
     amendment of Mr. Craig number 332) and the provisions of the 
     section headed ``APPLICATION OF SECTION 923 (j) AND (m)'' (as 
     added by the amendment of Mr. Hatch number 344) shall be null 
     and void.

     SEC. 1636. APPROPRIATE INTERVENTIONS AND SERVICES; 
                   CLARIFICATION OF FEDERAL LAW.

       (a) Appropriate Interventions and Services.--School 
     personnel shall ensure that immediate appropriate 
     interventions and services, including mental health 
     interventions and services, are provided to a child removed 
     from school for any act of violence, including carrying or 
     possessing a weapon to or at a school, on school premises, or 
     to or at a school function under the jurisdiction of a State 
     or local educational agency, in order to--
       (1) to ensure that our Nation's schools and communities are 
     safe; and
       (2) maximize the likelihood that such child shall not 
     engage in such behaviors, or such behaviors do not reoccur.
       (b) Clarification of Federal Law.--Nothing in Federal law 
     shall be construed--
       (1) to prohibit an agency from reporting a crime committed 
     by a child, including a child with a disability, to 
     appropriate authorities; or
       (2) to prevent State law enforcement and judicial 
     authorities from exercising their responsibilities with 
     regard to the application of Federal and State law to a crime 
     committed by a child, including a child with a disability.
       (c) Authorization of Appropriations.--
       (1) Authorization.--There are authorized to be appropriated 
     to pay the costs of the interventions and services described 
     in subsection (a) such sums as may be necessary for each of 
     the fiscal years 2000 through 2004.
       (2) Distribution.--The Secretary of Education shall provide 
     for the distribution of the funds made available under 
     paragraph (1)--
       (A) to States for a fiscal year in the same manner as the 
     Secretary makes allotments to States under section 4011(b) of 
     the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7111(b)) for the fiscal year; and
       (B) to local educational agencies for a fiscal year in the 
     same manner as funds are distributed to local educational 
     agencies under section 4113(d)(2) of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 7113(d)(2)) for 
     the fiscal year.

     SEC. 1637. SAFE SCHOOLS.

       (a) Amendments.--Part F of title XIV of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 8921 et seq.) is 
     amended as follows:
       (1) Short title.--Section 14601(a) is amended by replacing 
     ``Gun-Free'' with ``Safe'', and ``1994'' with ``1999''.
       (2) Requirements.--Section 14601(b)(1) is amended by 
     inserting after ``determined'' the following: ``to be in 
     possession of felonious quantities of an illegal drug, on 
     school property under the jurisdiction of, or in a vehicle 
     operated by an employee or agent of, a local educational 
     agency in that State, or''.
       (3) Definitions.--Section 14601(b)(4) is amended by 
     replacing ``Definition'' with ``Definitions'' in the 
     catchline, by replacing ``section'' in the matter under the 
     catchline with ``part'', by redesignating the matter under 
     the catchline after the comma as subparagraph (A), by 
     replacing the period with a semicolon, and by adding new 
     subparagraphs (B), (C), and (D) as follows:
       ``(B) the term `illegal drug' means a controlled substance, 
     as defined in section 102(6) of the Controlled Substances Act 
     (21 U.S.C. 802(6)), the possession of which is unlawful under 
     the Act (21 U.S.C. 801 et seq.) or under the Controlled 
     Substances Import and Export Act (21 U.S.C. 951 et seq.), but 
     does not mean a controlled substance used pursuant to a valid 
     prescription or as authorized by law; and
       ``(C) the term `illegal drug paraphernalia' means drug 
     paraphernalia, as defined in section 422(d) of the Controlled 
     Substances Act

[[Page 11081]]

     (21 U.S.C. 863(d)), except that the first sentence of that 
     section shall be applied by inserting `or under the 
     Controlled Substances Import and Export Act (21 U.S.C. 951 et 
     seq.)', before the period.
       ``(D) the term `felonious quantities of an illegal drug' 
     means any quantity of an illegal drug--
       ``(i) possession of which quantity would, under Federal, 
     State, or local law, either constitute a felony or indicate 
     an intent to distribute; or
       ``(ii) that is possessed with an intent to distribute.''.
       (4) Report to state.--Section 14601(d)(2)(C) is amended by 
     inserting ``illegal drugs or'' before ``weapons''.
       (5) Repealer.--Section 14601 is amended by striking 
     subsection (f).
       (6) Policy regarding criminal justice system referral.--
     Section 14602(a) is amended by replacing ``served by'' with 
     ``under the jurisdiction of'', and by inserting after ``who'' 
     the following: ``is in possession of an illegal drug, or 
     illegal drug paraphernalia, on school property under the 
     jurisdiction of, or in a vehicle operated by an employee or 
     agent of, such agency, or who''.
       (7) Data and policy dissemination under idea.--Section 
     14603 is amended by inserting ``current'' before ``policy'', 
     by striking ``in effect on October 20, 1994'', by striking 
     all the matter after ``schools'' and inserting a period 
     thereafter, and by inserting before ``engaging'' the 
     following: ``possessing illegal drugs, or illegal drug 
     paraphernalia, on school property, or in vehicles operated by 
     employees or agents of, schools or local educational 
     agencies, or''.
       (b) Compliance Date; Reporting.--(1) States shall have 2 
     years from the date of enactment of this Act to comply with 
     the requirements established in the amendments made by 
     subsection (a).
       (2) Not later than 3 years after the date of enactment of 
     this Act, the Secretary of Education shall submit to Congress 
     a report on any State that is not in compliance with the 
     requirements of this part.
       (3) Not later than 2 years after the date of enactment of 
     this Act, the Secretary of Education shall submit to Congress 
     a report analyzing the strengths and weaknesses of approaches 
     regarding the disciplining of children with disabilities.

     SEC. 1638. SCHOOL COUNSELING.

       Section 10102 of the Elementary and Secondary Education Act 
     of 1965 (20 U.S.C. 8002) is amended to read as follows:

     ``SEC. 10102. ELEMENTARY SCHOOL AND SECONDARY SCHOOL 
                   COUNSELING DEMONSTRATION.

       ``(a) Counseling Demonstration.--
       ``(1) In general.--The Secretary may award grants under 
     this section to local educational agencies to enable the 
     local educational agencies to establish or expand elementary 
     school counseling programs.
       ``(2) Priority.--In awarding grants under this section, the 
     Secretary shall give special consideration to applications 
     describing programs that--
       ``(A) demonstrate the greatest need for new or additional 
     counseling services among the children in the schools served 
     by the applicant;
       ``(B) propose the most promising and innovative approaches 
     for initiating or expanding school counseling; and
       ``(C) show the greatest potential for replication and 
     dissemination.
       ``(3) Equitable distribution.--In awarding grants under 
     this section, the Secretary shall ensure an equitable 
     geographic distribution among the regions of the United 
     States and among urban, suburban, and rural areas.
       ``(4) Duration.--A grant under this section shall be 
     awarded for a period not to exceed three years.
       ``(5) Maximum grant.--A grant under this section shall not 
     exceed $400,000 for any fiscal year.
       ``(b) Applications.--
       ``(1) In general.--Each local educational agency desiring a 
     grant under this section shall submit an application to the 
     Secretary at such time, in such manner, and accompanied by 
     such information as the Secretary may reasonably require.
       ``(2) Contents.--Each application for a grant under this 
     section shall--
       ``(A) describe the school population to be targeted by the 
     program, the particular personal, social, emotional, 
     educational, and career development needs of such population, 
     and the current school counseling resources available for 
     meeting such needs;
       ``(B) describe the activities, services, and training to be 
     provided by the program and the specific approaches to be 
     used to meet the needs described in subparagraph (A);
       ``(C) describe the methods to be used to evaluate the 
     outcomes and effectiveness of the program;
       ``(D) describe the collaborative efforts to be undertaken 
     with institutions of higher education, businesses, labor 
     organizations, community groups, social service agencies, and 
     other public or private entities to enhance the program and 
     promote school-linked services integration;
       ``(E) describe collaborative efforts with institutions of 
     higher education which specifically seek to enhance or 
     improve graduate programs specializing in the preparation of 
     school counselors, school psychologists, and school social 
     workers;
       ``(F) document that the applicant has the personnel 
     qualified to develop, implement, and administer the program;
       ``(G) describe how any diverse cultural populations, if 
     applicable, would be served through the program;
       ``(H) assure that the funds made available under this part 
     for any fiscal year will be used to supplement and, to the 
     extent practicable, increase the level of funds that would 
     otherwise be available from non-Federal sources for the 
     program described in the application, and in no case supplant 
     such funds from non-Federal sources; and
       ``(I) assure that the applicant will appoint an advisory 
     board composed of parents, school counselors, school 
     psychologists, school social workers, other pupil services 
     personnel, teachers, school administrators, and community 
     leaders to advise the local educational agency on the design 
     and implementation of the program.
       ``(c) Use of Funds.--
       ``(1) In general.--Grant funds under this section shall be 
     used to initiate or expand school counseling programs that 
     comply with the requirements in paragraph (2).
       ``(2) Program requirements.--Each program assisted under 
     this section shall--
       ``(A) be comprehensive in addressing the personal, social, 
     emotional, and educational needs of all students;
       ``(B) use a developmental, preventive approach to 
     counseling;
       ``(C) increase the range, availability, quantity, and 
     quality of counseling services in the elementary schools of 
     the local educational agency;
       ``(D) expand counseling services only through qualified 
     school counselors, school psychologists, and school social 
     workers;
       ``(E) use innovative approaches to increase children's 
     understanding of peer and family relationships, work and 
     self, decisionmaking, or academic and career planning, or to 
     improve social functioning;
       ``(F) provide counseling services that are well-balanced 
     among classroom group and small group counseling, individual 
     counseling, and consultation with parents, teachers, 
     administrators, and other pupil services personnel;
       ``(G) include inservice training for school counselors, 
     school social workers, school psychologists, other pupil 
     services personnel, teachers, and instructional staff;
       ``(H) involve parents of participating students in the 
     design, implementation, and evaluation of a counseling 
     program;
       ``(I) involve collaborative efforts with institutions of 
     higher education, businesses, labor organizations, community 
     groups, social service agencies, or other public or private 
     entities to enhance the program and promote school-linked 
     services integration;
       ``(J) evaluate annually the effectiveness and outcomes of 
     the counseling services and activities assisted under this 
     section;
       ``(K) ensure a team approach to school counseling by 
     maintaining a ratio in the elementary schools of the local 
     educational agency that does not exceed 1 school counselor to 
     250 students, 1 school social worker to 800 students, and 1 
     school psychologist to 1,000 students; and
       ``(L) ensure that school counselors, school psychologists, 
     or school social workers paid from funds made available under 
     this section spend at least 85 percent of their total 
     worktime at the school in activities directly related to the 
     counseling process and not more than 15 percent of such time 
     on administrative tasks that are associated with the 
     counseling program.
       ``(3) Report.--The Secretary shall issue a report 
     evaluating the programs assisted pursuant to each grant under 
     this subsection at the end of each grant period in accordance 
     with section 14701, but in no case later than January 30, 
     2003.
       ``(4) Dissemination.--The Secretary shall make the programs 
     assisted under this section available for dissemination, 
     either through the National Diffusion Network or other 
     appropriate means.
       ``(5) Limit on administration.--Not more than five percent 
     of the amounts made available under this section in any 
     fiscal year shall be used for administrative costs to carry 
     out this section.
       ``(d) Definitions.--For purposes of this section--
       ``(1) the term `school counselor' means an individual who 
     has documented competence in counseling children and 
     adolescents in a school setting and who--
       ``(A) possesses State licensure or certification granted by 
     an independent professional regulatory authority;
       ``(B) in the absence of such State licensure or 
     certification, possesses national certification in school 
     counseling or a specialty of counseling granted by an 
     independent professional organization; or
       ``(C) holds a minimum of a master's degree in school 
     counseling from a program accredited by the Council for 
     Accreditation of Counseling and Related Educational Programs 
     or the equivalent;
       ``(2) the term `school psychologist' means an individual 
     who--
       ``(A) possesses a minimum of 60 graduate semester hours in 
     school psychology from an institution of higher education and 
     has completed 1,200 clock hours in a supervised

[[Page 11082]]

     school psychology internship, of which 600 hours shall be in 
     the school setting;
       ``(B) possesses State licensure or certification in the 
     State in which the individual works; or
       ``(C) in the absence of such State licensure or 
     certification, possesses national certification by the 
     National School Psychology Certification Board;
       ``(3) the term `school social worker' means an individual 
     who holds a master's degree in social work and is licensed or 
     certified by the State in which services are provided or 
     holds a school social work specialist credential; and
       ``(4) the term `supervisor' means an individual who has the 
     equivalent number of years of professional experience in such 
     individual's respective discipline as is required of teaching 
     experience for the supervisor or administrative credential in 
     the State of such individual.
       ``(e) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section 
     $15,000,000 for fiscal year 2000 and such sums as may be 
     necessary for each of the 4 succeeding fiscal years.''.

     SEC. 1639. CRIMINAL PROHIBITION ON DISTRIBUTION OF CERTAIN 
                   INFORMATION RELATING TO EXPLOSIVES, DESTRUCTIVE 
                   DEVICES, AND WEAPONS OF MASS DESTRUCTION.

       (a) Unlawful Conduct.--Section 842 of title 18, United 
     States Code, is amended by adding at the end the following:
       ``(p) Distribution of Information Relating to Explosives, 
     Destructive Devices, and Weapons of Mass Destruction.--
       ``(1) Definitions.--In this subsection:
       ``(A) The term `destructive device' has the same meaning as 
     in section 921(a)(4).
       ``(B) The term `explosive' has the same meaning as in 
     section 844(j).
       ``(C) The term `weapon of mass destruction' has the same 
     meaning as in section 2332a(c)(2).
       ``(2) Prohibition.--It shall be unlawful for any person--
       ``(A) to teach or demonstrate the making or use of an 
     explosive, a destructive device, or a weapon of mass 
     destruction, or to distribute by any means information 
     pertaining to, in whole or in part, the manufacture or use of 
     an explosive, destructive device, or weapon of mass 
     destruction, with the intent that the teaching, 
     demonstration, or information be used for, or in furtherance 
     of, an activity that constitutes a Federal crime of violence; 
     or
       ``(B) to teach or demonstrate to any person the making or 
     use of an explosive, a destructive device, or a weapon of 
     mass destruction, or to distribute to any person, by any 
     means, information pertaining to, in whole or in part, the 
     manufacture or use of an explosive, destructive device, or 
     weapon of mass destruction, knowing that such person intends 
     to use the teaching, demonstration, or information for, or in 
     furtherance of, an activity that constitutes a Federal crime 
     of violence.''.
       (b) Penalties.--Section 844 of title 18, United States 
     Code, is amended--
       (1) in subsection (a), by striking ``person who violates 
     any of subsections'' and inserting the following: ``person 
     who--
       ``(1) violates any of subsections'';
       (2) by striking the period at the end and inserting ``; 
     and'';
       (3) by adding at the end the following:
       ``(2) violates subsection (p)(2) of section 842, shall be 
     fined under this title, imprisoned not more than 20 years, or 
     both.''; and
       (4) in subsection (j), by striking ``and (i)'' and 
     inserting ``(i), and (p)''.
                Subtitle B--James Guelff Body Armor Act

     SEC. 1641. SHORT TITLE.

       This subtitle may be cited as the ``James Guelff Body Armor 
     Act of 1999''.

     SEC. 1642. FINDINGS.

       Congress finds that--
       (1) nationally, police officers and ordinary citizens are 
     facing increased danger as criminals use more deadly 
     weaponry, body armor, and other sophisticated assault gear;
       (2) crime at the local level is exacerbated by the 
     interstate movement of body armor and other assault gear;
       (3) there is a traffic in body armor moving in or otherwise 
     affecting interstate commerce, and existing Federal controls 
     over such traffic do not adequately enable the States to 
     control this traffic within their own borders through the 
     exercise of their police power;
       (4) recent incidents, such as the murder of San Francisco 
     Police Officer James Guelff by an assailant wearing 2 layers 
     of body armor and a 1997 bank shoot out in north Hollywood, 
     California, between police and 2 heavily armed suspects 
     outfitted in body armor, demonstrate the serious threat to 
     community safety posed by criminals who wear body armor 
     during the commission of a violent crime;
       (5) of the approximately 1,200 officers killed in the line 
     of duty since 1980, more than 30 percent could have been 
     saved by body armor, and the risk of dying from gunfire is 14 
     times higher for an officer without a bulletproof vest;
       (6) the Department of Justice has estimated that 25 percent 
     of State and local police are not issued body armor;
       (7) the Federal Government is well-equipped to grant local 
     police departments access to body armor that is no longer 
     needed by Federal agencies; and
       (8) Congress has the power, under the interstate commerce 
     clause and other provisions of the Constitution of the United 
     States, to enact legislation to regulate interstate commerce 
     that affects the integrity and safety of our communities.

     SEC. 1643. DEFINITIONS.

       In this subtitle:
       (1) Body armor.--The term ``body armor'' means any product 
     sold or offered for sale, in interstate or foreign commerce, 
     as personal protective body covering intended to protect 
     against gunfire, regardless of whether the product is to be 
     worn alone or is sold as a complement to another product or 
     garment.
       (2) Law enforcement agency.--The term ``law enforcement 
     agency'' means an agency of the United States, a State, or a 
     political subdivision of a State, authorized by law or by a 
     government agency to engage in or supervise the prevention, 
     detection, investigation, or prosecution of any violation of 
     criminal law.
       (3) Law enforcement officer.--The term ``law enforcement 
     officer'' means any officer, agent, or employee of the United 
     States, a State, or a political subdivision of a State, 
     authorized by law or by a government agency to engage in or 
     supervise the prevention, detection, investigation, or 
     prosecution of any violation of criminal law.

     SEC. 1644. AMENDMENT OF SENTENCING GUIDELINES WITH RESPECT TO 
                   BODY ARMOR.

       (a) Sentencing Enhancement.--The United States Sentencing 
     Commission shall amend the Federal sentencing guidelines to 
     provide an appropriate sentencing enhancement, increasing the 
     offense level not less than 2 levels, for any offense in 
     which the defendant used body armor.
       (b) Applicability.--No amendment made to the Federal 
     Sentencing Guidelines pursuant to this section shall apply if 
     the Federal offense in which the body armor is used 
     constitutes a violation of, attempted violation of, or 
     conspiracy to violate the civil rights of any person by a law 
     enforcement officer acting under color of the authority of 
     such law enforcement officer.

     SEC. 1645. PROHIBITION OF PURCHASE, USE, OR POSSESSION OF 
                   BODY ARMOR BY VIOLENT FELONS.

       (a) Definition of Body Armor.--Section 921 of title 18, 
     United States Code, is amended by adding at the end the 
     following:
       ``(35) The term `body armor' means any product sold or 
     offered for sale, in interstate or foreign commerce, as 
     personal protective body covering intended to protect against 
     gunfire, regardless of whether the product is to be worn 
     alone or is sold as a complement to another product or 
     garment.''.
       (b) Prohibition.--
       (1) In general.--Chapter 44 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 931. Prohibition on purchase, ownership, or possession 
       of body armor by violent felons

       ``(a) In General.--Except as provided in subsection (b), it 
     shall be unlawful for a person to purchase, own, or possess 
     body armor, if that person has been convicted of a felony 
     that is--
       ``(1) a crime of violence (as defined in section 16); or
       ``(2) an offense under State law that would constitute a 
     crime of violence under paragraph (1) if it occurred within 
     the special maritime and territorial jurisdiction of the 
     United States.
       ``(b) Affirmative Defense.--
       ``(1) In general.--It shall be an affirmative defense under 
     this section that--
       ``(A) the defendant obtained prior written certification 
     from his or her employer that the defendant's purchase, use, 
     or possession of body armor was necessary for the safe 
     performance of lawful business activity; and
       ``(B) the use and possession by the defendant were limited 
     to the course of such performance.
       ``(2) Employer.--In this subsection, the term `employer' 
     means any other individual employed by the defendant's 
     business that supervises defendant's activity. If that 
     defendant has no supervisor, prior written certification is 
     acceptable from any other employee of the business.''.
       (2) Clerical amendment.--The analysis for chapter 44 of 
     title 18, United States Code, is amended by adding at the end 
     the following:

``931. Prohibition on purchase, ownership, or possession of body armor 
              by violent felons.''.
       (c) Penalties.--Section 924(a) of title 18, United States 
     Code, is amended by adding at the end the following:
       ``(7) Whoever knowingly violates section 931 shall be fined 
     under this title, imprisoned not more than 3 years, or 
     both.''.

     SEC. 1646. DONATION OF FEDERAL SURPLUS BODY ARMOR TO STATE 
                   AND LOCAL LAW ENFORCEMENT AGENCIES.

       (a) Definitions.--In this section, the terms ``Federal 
     agency'' and ``surplus property'' have the meanings given 
     such terms under section 3 of the Federal Property and 
     Administrative Services Act of 1949 (40 U.S.C. 472).
       (b) Donation of Body Armor.--Notwithstanding section 203 of 
     the Federal Property and Administrative Services Act of 1949 
     (40 U.S.C. 484), the head of a Federal agency may donate body 
     armor directly to any State or

[[Page 11083]]

     local law enforcement agency, if such body armor is--
       (1) in serviceable condition; and
       (2) surplus property.
       (c) Notice to Administrator.--The head of a Federal agency 
     who donates body armor under this section shall submit to the 
     Administrator of General Services a written notice 
     identifying the amount of body armor donated and each State 
     or local law enforcement agency that received the body armor.
       (d) Donation by Certain Officers.--
       (1) Department of justice.--In the administration of this 
     section with respect to the Department of Justice, in 
     addition to any other officer of the Department of Justice 
     designated by the Attorney General, the following officers 
     may act as the head of a Federal agency:
       (A) The Administrator of the Drug Enforcement 
     Administration.
       (B) The Director of the Federal Bureau of Investigation.
       (C) The Commissioner of the Immigration and Naturalization 
     Service.
       (D) The Director of the United States Marshals Service.
       (2) Department of the treasury.--In the administration of 
     this section with respect to the Department of the Treasury, 
     in addition to any other officer of the Department of the 
     Treasury designated by the Secretary of the Treasury, the 
     following officers may act as the head of a Federal agency:
       (A) The Director of the Bureau of Alcohol, Tobacco, and 
     Firearms.
       (B) The Commissioner of Customs.
       (C) The Director of the United States Secret Service.

     SEC. 1647. ADDITIONAL FINDINGS; PURPOSE.

       (a) Findings.--Congress finds that--
       (1) Officer Dale Claxton of the Cortez, Colorado, Police 
     Department was shot and killed by bullets that passed through 
     the windshield of his police car after he stopped a stolen 
     truck, and his life may have been saved if his police car had 
     been equipped with bullet resistant equipment;
       (2) the number of law enforcement officers who are killed 
     in the line of duty would significantly decrease if every law 
     enforcement officer in the United States had access to 
     additional bullet resistant equipment;
       (3) according to studies, between 1985 and 1994, 709 law 
     enforcement officers in the United States were feloniously 
     killed in the line of duty;
       (4) the Federal Bureau of Investigation estimates that the 
     risk of fatality to law enforcement officers while not 
     wearing bullet resistant equipment, such as an armor vest, is 
     14 times higher than for officers wearing an armor vest;
       (5) according to studies, between 1985 and 1994, bullet-
     resistant materials helped save the lives of more than 2,000 
     law enforcement officers in the United States; and
       (6) the Executive Committee for Indian Country Law 
     Enforcement Improvements reports that violent crime in Indian 
     country has risen sharply despite a decrease in the national 
     crime rate, and has concluded that there is a ``public safety 
     crisis in Indian country''.
       (b) Purpose.--The purpose of this chapter is to save lives 
     of law enforcement officers by helping State, local, and 
     tribal law enforcement agencies provide officers with bullet 
     resistant equipment and video cameras.

     SEC. 1648. MATCHING GRANT PROGRAMS FOR LAW ENFORCEMENT BULLET 
                   RESISTANT EQUIPMENT AND FOR VIDEO CAMERAS.

       (a) In General.--Part Y of title I of the Omnibus Crime 
     Control and Safe Streets Act of 1968 (42 U.S.C. 3796ll et 
     seq.) is amended--
       (1) by striking the part designation and part heading and 
     inserting the following:

         ``PART Y--MATCHING GRANT PROGRAMS FOR LAW ENFORCEMENT

             ``Subpart A--Grant Program For Armor Vests'';

       (2) by striking ``this part'' each place it appears and 
     inserting ``this subpart''; and
       (3) by adding at the end the following:

       ``Subpart B--Grant Program For Bullet Resistant Equipment

     ``SEC. 2511. PROGRAM AUTHORIZED.

       ``(a) In General.--The Director of the Bureau of Justice 
     Assistance is authorized to make grants to States, units of 
     local government, and Indian tribes to purchase bullet 
     resistant equipment for use by State, local, and tribal law 
     enforcement officers.
       ``(b) Uses of Funds.--Grants awarded under this section 
     shall be--
       ``(1) distributed directly to the State, unit of local 
     government, or Indian tribe; and
       ``(2) used for the purchase of bullet resistant equipment 
     for law enforcement officers in the jurisdiction of the 
     grantee.
       ``(c) Preferential Consideration.--In awarding grants under 
     this subpart, the Director of the Bureau of Justice 
     Assistance may give preferential consideration, if feasible, 
     to an application from a jurisdiction that--
       ``(1) has the greatest need for bullet resistant equipment 
     based on the percentage of law enforcement officers in the 
     department who do not have access to a vest;
       ``(2) has a violent crime rate at or above the national 
     average as determined by the Federal Bureau of Investigation; 
     or
       ``(3) has not received a block grant under the Local Law 
     Enforcement Block Grant program described under the heading 
     `Violent Crime Reduction Programs, State and Local Law 
     Enforcement Assistance' of the Departments of Commerce, 
     Justice, and State, the Judiciary, and Related Agencies 
     Appropriations Act, 1998 (Public Law 105-119).
       ``(d) Minimum Amount.--Unless all eligible applications 
     submitted by any State or unit of local government within 
     such State for a grant under this section have been funded, 
     such State, together with grantees within the State (other 
     than Indian tribes), shall be allocated in each fiscal year 
     under this section not less than 0.25 percent of the total 
     amount appropriated in the fiscal year for grants pursuant to 
     this section except that the United States Virgin Islands, 
     American Samoa, Guam, and the Northern Mariana Islands shall 
     each be allocated 0.10 percent.
       ``(e) Maximum Amount.--A qualifying State, unit of local 
     government, or Indian tribe may not receive more than 5 
     percent of the total amount appropriated in each fiscal year 
     for grants under this section, except that a State, together 
     with the grantees within the State may not receive more than 
     20 percent of the total amount appropriated in each fiscal 
     year for grants under this section.
       ``(f) Matching Funds.--The portion of the costs of a 
     program provided by a grant under subsection (a) may not 
     exceed 50 percent. Any 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 a matching requirement funded under this 
     subsection.
       ``(g) Allocation of Funds.--At least half of the funds 
     available under this subpart shall be awarded to units of 
     local government with fewer than 100,000 residents.

     ``SEC. 2512. APPLICATIONS.

       ``(a) In General.--To request a grant under this subpart, 
     the chief executive of a State, unit of local government, or 
     Indian tribe shall submit an application to the Director of 
     the Bureau of Justice Assistance in such form and containing 
     such information as the Director may reasonably require.
       ``(b) Regulations.--Not later than 90 days after the date 
     of the enactment of this subpart, the Director of the Bureau 
     of Justice Assistance shall promulgate regulations to 
     implement this section (including the information that must 
     be included and the requirements that the States, units of 
     local government, and Indian tribes must meet) in submitting 
     the applications required under this section.
       ``(c) Eligibility.--A unit of local government that 
     receives funding under the Local Law Enforcement Block Grant 
     program (described under the heading `Violent Crime Reduction 
     Programs, State and Local Law Enforcement Assistance' of the 
     Departments of Commerce, Justice, and State, the Judiciary, 
     and Related Agencies Appropriations Act, 1998 (Public Law 
     104-119)) during a fiscal year in which it submits an 
     application under this subpart shall not be eligible for a 
     grant under this subpart unless the chief executive officer 
     of such unit of local government certifies and provides an 
     explanation to the Director that the unit of local government 
     considered or will consider using funding received under the 
     block grant program for any or all of the costs relating to 
     the purchase of bullet resistant equipment, but did not, or 
     does not expect to use such funds for such purpose.

     ``SEC. 2513. DEFINITIONS.

       ``In this subpart--
       ``(1) the term `equipment' means windshield glass, car 
     panels, shields, and protective gear;
       ``(2) the term `State' means each of the 50 States, the 
     District of Columbia, the Commonwealth of Puerto Rico, the 
     United States Virgin Islands, American Samoa, Guam, and the 
     Northern Mariana Islands;
       ``(3) the term `unit of local government' means a county, 
     municipality, town, township, village, parish, borough, or 
     other unit of general government below the State level;
       (4) the term `Indian tribe' has the same meaning as in 
     section 4(e) of the Indian Self-Determination and Education 
     Assistance Act (25 U.S.C. 450b(e)); and
       ``(5) the term `law enforcement officer' means any officer, 
     agent, or employee of a State, unit of local government, or 
     Indian tribe authorized by law or by a government agency to 
     engage in or supervise the prevention, detection, or 
     investigation of any violation of criminal law, or authorized 
     by law to supervise sentenced criminal offenders.

              ``Subpart C--Grant Program For Video Cameras

     ``SEC. 2521. PROGRAM AUTHORIZED.

       ``(a) In General.--The Director of the Bureau of Justice 
     Assistance is authorized to make grants to States, units of 
     local government, and Indian tribes to purchase video cameras 
     for use by State, local, and tribal law enforcement agencies 
     in law enforcement vehicles.

[[Page 11084]]

       ``(b) Uses of Funds.--Grants awarded under this section 
     shall be--
       ``(1) distributed directly to the State, unit of local 
     government, or Indian tribe; and
       ``(2) used for the purchase of video cameras for law 
     enforcement vehicles in the jurisdiction of the grantee.
       ``(c) Preferential Consideration.--In awarding grants under 
     this subpart, the Director of the Bureau of Justice 
     Assistance may give preferential consideration, if feasible, 
     to an application from a jurisdiction that--
       ``(1) has the greatest need for video cameras, based on the 
     percentage of law enforcement officers in the department do 
     not have access to a law enforcement vehicle equipped with a 
     video camera;
       ``(2) has a violent crime rate at or above the national 
     average as determined by the Federal Bureau of Investigation; 
     or
       ``(3) has not received a block grant under the Local Law 
     Enforcement Block Grant program described under the heading 
     `Violent Crime Reduction Programs, State and Local Law 
     Enforcement Assistance' of the Departments of Commerce, 
     Justice, and State, the Judiciary, and Related Agencies 
     Appropriations Act, 1998 (Public Law 105-119).
       ``(d) Minimum Amount.--Unless all eligible applications 
     submitted by any State or unit of local government within 
     such State for a grant under this section have been funded, 
     such State, together with grantees within the State (other 
     than Indian tribes), shall be allocated in each fiscal year 
     under this section not less than 0.25 percent of the total 
     amount appropriated in the fiscal year for grants pursuant to 
     this section, except that the United States Virgin Islands, 
     American Samoa, Guam, and the Northern Mariana Islands shall 
     each be allocated 0.10 percent.
       ``(e) Maximum Amount.--A qualifying State, unit of local 
     government, or Indian tribe may not receive more than 5 
     percent of the total amount appropriated in each fiscal year 
     for grants under this section, except that a State, together 
     with the grantees within the State may not receive more than 
     20 percent of the total amount appropriated in each fiscal 
     year for grants under this section.
       ``(f) Matching Funds.--The portion of the costs of a 
     program provided by a grant under subsection (a) may not 
     exceed 50 percent. Any 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 a matching requirement funded under this 
     subsection.
       ``(g) Allocation of Funds.--At least half of the funds 
     available under this subpart shall be awarded to units of 
     local government with fewer than 100,000 residents.

     ``SEC. 2522. APPLICATIONS.

       ``(a) In General.--To request a grant under this subpart, 
     the chief executive of a State, unit of local government, or 
     Indian tribe shall submit an application to the Director of 
     the Bureau of Justice Assistance in such form and containing 
     such information as the Director may reasonably require.
       ``(b) Regulations.--Not later than 90 days after the date 
     of the enactment of this subpart, the Director of the Bureau 
     of Justice Assistance shall promulgate regulations to 
     implement this section (including the information that must 
     be included and the requirements that the States, units of 
     local government, and Indian tribes must meet) in submitting 
     the applications required under this section.
       ``(c) Eligibility.--A unit of local government that 
     receives funding under the Local Law Enforcement Block Grant 
     program (described under the heading `Violent Crime Reduction 
     Programs, State and Local Law Enforcement Assistance' of the 
     Departments of Commerce, Justice, and State, the Judiciary, 
     and Related Agencies Appropriations Act, 1998 (Public Law 
     105-119)) during a fiscal year in which it submits an 
     application under this subpart shall not be eligible for a 
     grant under this subpart unless the chief executive officer 
     of such unit of local government certifies and provides an 
     explanation to the Director that the unit of local government 
     considered or will consider using funding received under the 
     block grant program for any or all of the costs relating to 
     the purchase of video cameras, but did not, or does not 
     expect to use such funds for such purpose.

     ``SEC. 2523. DEFINITIONS.

       ``In this subpart--
       ``(1) the term `Indian tribe' has the same meaning as in 
     section 4(e) of the Indian Self- Determination and Education 
     Assistance Act (25 U.S.C. 450b(e));
       ``(2) the term `law enforcement officer' means any officer, 
     agent, or employee of a State, unit of local government, or 
     Indian tribe authorized by law or by a government agency to 
     engage in or supervise the prevention, detection, or 
     investigation of any violation of criminal law, or authorized 
     by law to supervise sentenced criminal offenders;
       ``(3) the term `State' means each of the 50 States, the 
     District of Columbia, the Commonwealth of Puerto Rico, the 
     United States Virgin Islands, American Samoa, Guam, and the 
     Northern Mariana Islands; and
       ``(4) the term `unit of local government' means a county, 
     municipality, town, township, village, parish, borough, or 
     other unit of general government below the State level.''.
       (b) Authorization of Appropriations.--Section 1001(a) of 
     the Omnibus Crime Control and Safe Streets Act of 1968 (42 
     U.S.C. 3793(a)) is amended by striking paragraph (23) and 
     inserting the following:
       ``(23) There are authorized to be appropriated to carry out 
     part Y--
       ``(A) $25,000,000 for each of fiscal years 2000 through 
     2002 for grants under subpart A of that part;
       ``(B) $40,000,000 for each of fiscal years 2000 through 
     2002 for grants under subpart B of that part; and
       ``(C) $25,000,000 for each of fiscal years 2000 through 
     2002 for grants under subpart C of that part.''.
       (c) Clerical Amendments.--The table of contents of title I 
     of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
     U.S.C. 3711 et seq.) is amended--
       (1) by striking the item relating to the part heading of 
     part Y and inserting the following:

         ``Part Y--Matching Grants Programs for Law Enforcement

           ``subpart a--grant program for armor vests''; and

       (2) by adding at the end of the matter relating to part Y 
     the following:

       ``subpart b--grant program for bullet resistant equipment

``2511. Program authorized.
``2512. Applications.
``2513. Definitions.

              ``subpart c--grant program for video cameras

``2521. Program authorized.
``2522. Applications.
``2523. Definitions.''.

     SEC. 1649. SENSE OF CONGRESS.

       In the case of any equipment or products that may be 
     authorized to be purchased with financial assistance provided 
     using funds appropriated or otherwise made available under 
     subpart B or C of part Y of title I of the Omnibus Crime 
     Control and Safe Streets Act of 1968, as added by this 
     chapter, it is the sense of the Congress that entities 
     receiving the assistance should, in expending the assistance, 
     purchase only American-made equipment and products.

     SEC. 1650. TECHNOLOGY DEVELOPMENT.

       Section 202 of the Omnibus Crime Control and Safe Streets 
     Act of 1968 (42 U.S.C. 3722) is amended by adding at the end 
     the following:
       ``(e) Bullet Resistant Technology Development.--
       ``(1) In general.--The Institute is authorized to--
       ``(A) conduct research and otherwise work to develop new 
     bullet resistant technologies (i.e., acrylic, polymers, 
     aluminized material, and transparent ceramics) for use in 
     police equipment (including windshield glass, car panels, 
     shields, and protective gear);
       ``(B) inventory bullet resistant technologies used in the 
     private sector, in surplus military property, and by foreign 
     countries;
       ``(C) promulgate relevant standards for, and conduct 
     technical and operational testing and evaluation of, bullet 
     resistant technology and equipment, and otherwise facilitate 
     the use of that technology in police equipment.
       ``(2) Priority.--In carrying out this subsection, the 
     Institute shall give priority in testing and engineering 
     surveys to law enforcement partnerships developed in 
     coordination with High Intensity Drug Trafficking Areas.
       ``(3) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out this subsection $3,000,000 
     for fiscal years 2000 through 2002.''.

     SEC. 1651. MATCHING GRANT PROGRAM FOR LAW ENFORCEMENT ARMOR 
                   VESTS.

       Section 2501(f) of the Omnibus Crime Control and Safe 
     Streets Act of 1968 (42 U.S.C. 3796ll(f)) is amended--
       (1) by striking ``The portion'' and inserting the 
     following:
       ``(1) In general.--Subject to paragraph (2), the portion''; 
     and
       (2) by adding at the end the following:
       ``(2) Waiver.--The Director may waive, in whole or in part, 
     the requirement of paragraph (1) in the case of fiscal 
     hardship, as determined by the Director.''.
        Subtitle C--Animal Enterprise Terrorism and Ecoterrorism

     SEC. 1652. ENHANCEMENT OF PENALTIES FOR ANIMAL ENTERPRISE 
                   TERRORISM.

       Section 43 of title 18, United States Code, is amended--
       (1) in subsection (a)--
       (A), by striking ``under this title'' and inserting 
     ``consistent with this title or double the amount of damages, 
     whichever is greater,''; and
       (B) by striking ``one year'' and inserting ``five years''; 
     and
       (2) in subsection (b)--
       (A) by redesignating paragraph (2) as paragraph (3);
       (B) by inserting after paragraph (1) the following new 
     paragraph (2):
       ``(2)  Explosives or arson.--Whoever in the course of a 
     violation of subsection (a) maliciously damages or destroys, 
     or attempts to

[[Page 11085]]

     damage or destroy, by means of fire or an explosive, any 
     building, vehicle, or other real or personal property used by 
     the animal enterprise shall be imprisoned for not less than 5 
     years and not more than 20 years, fined under this title, or 
     both.''; and
       (C) in paragraph (3), as so redesignated, by striking 
     ``under this title and'' and all that follows through the 
     period and inserting ``under this title, imprisoned for life 
     or for any term of years, or sentenced to death.''.

     SEC. 1653. NATIONAL ANIMAL TERRORISM AND ECOTERRORISM 
                   INCIDENT CLEARINGHOUSE.

       (a) In General.--The Director shall establish and maintain 
     a national clearinghouse for information on incidents of 
     crime and terrorism--
       (1) committed against or directed at any animal enterprise;
       (2) committed against or directed at any commercial 
     activity because of the perceived impact or effect of such 
     commercial activity on the environment; or
       (3) committed against or directed at any person because of 
     such person's perceived connection with or support of any 
     enterprise or activity described in paragraph (1) or (2).
       (b) Clearinghouse.--The clearinghouse established under 
     subsection (a) shall--
       (1) accept, collect, and maintain information on incidents 
     described in subsection (a) that is submitted to the 
     clearinghouse by Federal, State, and local law enforcement 
     agencies, by law enforcement agencies of foreign countries, 
     and by victims of such incidents;
       (2) collate and index such information for purposes of 
     cross-referencing; and
       (3) upon request from a Federal, State, or local law 
     enforcement agency, or from a law enforcement agency of a 
     foreign country, provide such information to assist in the 
     investigation of an incident described in subsection (a).
       (c) Scope of Information.--The information maintained by 
     the clearinghouse for each incident shall, to the extent 
     practicable, include--
       (1) the date, time, and place of the incident;
       (2) details of the incident;
       (3) any available information on suspects or perpetrators 
     of the incident; and
       (4) any other relevant information.
       (d) Design of Clearinghouse.--The clearinghouse shall be 
     designed for maximum ease of use by participating law 
     enforcement agencies.
       (e) Publicity.--The Director shall publicize the existence 
     of the clearinghouse to law enforcement agencies by 
     appropriate means.
       (f) Resources.--In establishing and maintaining the 
     clearinghouse, the Director may--
       (1) through the Attorney General, utilize the resources of 
     any other department or agency of the Federal Government; and
       (2) accept assistance and information from private 
     organizations or individuals.
       (g) Coordination.--The Director shall carry out the 
     Director's responsibilities under this section in cooperation 
     with the Director of the Bureau of Alcohol, Tobacco, and 
     Firearms.
       (h) Definitions.--In this section:
       (1) The term ``animal enterprise'' has the same meaning as 
     in section 43 of title 18, United States Code.
       (2) The term ``Director'' means the Director of the Federal 
     Bureau of Investigation.
       (i) Authorization of Appropriations.--There is hereby 
     authorized to be appropriated for fiscal years 2000, 2001, 
     2002, 2003, and 2004 such sums as are necessary to carry out 
     this section.
                 Subtitle D--Jail-Based Substance Abuse

     SEC. 1654. JAIL-BASED SUBSTANCE ABUSE TREATMENT PROGRAMS.

       (a) Use of Residential Substance Abuse Treatment Grants To 
     Provide Aftercare Services.--Section 1901 of part S of the 
     Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
     3796ff-1) is amended by adding at the end the following:
       ``(f) Use of Grant Amounts for Nonresidential Aftercare 
     Services.--A State may use amounts received under this part 
     to provide nonresidential substance abuse treatment aftercare 
     services for inmates or former inmates that meet the 
     requirements of subsection (c), if the chief executive 
     officer of the State certifies to the Attorney General that 
     the State is providing, and will continue to provide, an 
     adequate level of residential treatment services.''.
       (b) Jail-Based Substance Abuse Treatment.--Part S of title 
     I of the Omnibus Crime Control and Safe Streets Act of 1968 
     (42 U.S.C. 3796ff et seq.) is amended by adding at the end 
     the following:

     ``SEC. 1906. JAIL-BASED SUBSTANCE ABUSE TREATMENT.

       ``(a) Definitions.--In this section--
       ``(1) the term `jail-based substance abuse treatment 
     program' means a course of individual and group activities, 
     lasting for a period of not less than 3 months, in an area of 
     a correctional facility set apart from the general population 
     of the correctional facility, if those activities are--
       ``(A) directed at the substance abuse problems of 
     prisoners; and
       ``(B) intended to develop the cognitive, behavioral, 
     social, vocational, and other skills of prisoners in order to 
     address the substance abuse and related problems of 
     prisoners; and
       ``(2) the term `local correctional facility' means any 
     correctional facility operated by a unit of local government.
       ``(b) Authorization.--
       ``(1) In general.--Not less than 10 percent of the total 
     amount made available to a State under section 1904(a) for 
     any fiscal year may be used by the State to make grants to 
     local correctional facilities in the State for the purpose of 
     assisting jail-based substance abuse treatment programs 
     established by those local correctional facilities.
       ``(2) Federal share.--The Federal share of a grant made by 
     a State under this section to a local correctional facility 
     may not exceed 75 percent of the total cost of the jail-based 
     substance abuse treatment program described in the 
     application submitted under subsection (c) for the fiscal 
     year for which the program receives assistance under this 
     section.
       ``(c) Applications.--
       ``(1) In general.--To be eligible to receive a grant from a 
     State under this section for a jail-based substance abuse 
     treatment program, the chief executive of a local 
     correctional facility shall submit to the State, in such form 
     and containing such information as the State may reasonably 
     require, an application that meets the requirements of 
     paragraph (2).
       ``(2) Application requirements.--Each application submitted 
     under paragraph (1) shall include--
       ``(A) with respect to the jail-based substance abuse 
     treatment program for which assistance is sought, a 
     description of the program and a written certification that--
       ``(i) the program has been in effect for not less than 2 
     consecutive years before the date on which the application is 
     submitted; and
       ``(ii) the local correctional facility will--

       ``(I) coordinate the design and implementation of the 
     program between local correctional facility representatives 
     and the appropriate State and local alcohol and substance 
     abuse agencies;
       ``(II) implement (or continue to require) urinalysis or 
     other proven reliable forms of substance abuse testing of 
     individuals participating in the program, including the 
     testing of individuals released from the jail-based substance 
     abuse treatment program who remain in the custody of the 
     local correctional facility; and
       ``(III) carry out the program in accordance with 
     guidelines, which shall be established by the State, in order 
     to guarantee each participant in the program access to 
     consistent, continual care if transferred to a different 
     local correctional facility within the State;

       ``(B) written assurances that Federal funds received by the 
     local correctional facility from the State under this section 
     will be used to supplement, and not to supplant, non-Federal 
     funds that would otherwise be available for jail-based 
     substance abuse treatment programs assisted with amounts made 
     available to the local correctional facility under this 
     section; and
       ``(C) a description of the manner in which amounts received 
     by the local correctional facility from the State under this 
     section will be coordinated with Federal assistance for 
     substance abuse treatment and aftercare services provided to 
     the local correctional facility by the Substance Abuse and 
     Mental Health Services Administration of the Department of 
     Health and Human Services.
       ``(d) Review of Applications.--
       ``(1) In general.--Upon receipt of an application under 
     subsection (c), the State shall--
       ``(A) review the application to ensure that the 
     application, and the jail-based residential substance abuse 
     treatment program for which a grant under this section is 
     sought, meet the requirements of this section; and
       ``(B) if so, make an affirmative finding in writing that 
     the jail-based substance abuse treatment program for which 
     assistance is sought meets the requirements of this section.
       ``(2) Approval.--Based on the review conducted under 
     paragraph (1), not later than 90 days after the date on which 
     an application is submitted under subsection (c), the State 
     shall--
       ``(A) approve the application, disapprove the application, 
     or request a continued evaluation of the application for an 
     additional period of 90 days; and
       ``(B) notify the applicant of the action taken under 
     subparagraph (A) and, with respect to any denial of an 
     application under subparagraph (A), afford the applicant an 
     opportunity for reconsideration.
       ``(3) Eligibility for preference with aftercare 
     component.--
       ``(A) In general.--In making grants under this section, a 
     State shall give preference to applications from local 
     correctional facilities that ensure that each participant in 
     the jail-based substance abuse treatment program for which a 
     grant under this section is sought, is required to 
     participate in an aftercare services program that meets the 
     requirements of subparagraph (B), for a period of not less 
     than 1 year following the earlier of--
       ``(i) the date on which the participant completes the jail-
     based substance abuse treatment program; or
       ``(ii) the date on which the participant is released from 
     the correctional facility at the end of the participant's 
     sentence or is released on parole.

[[Page 11086]]

       ``(B) Aftercare services program requirements.--For 
     purposes of subparagraph (A), an aftercare services program 
     meets the requirements of this paragraph if the program--
       ``(i) in selecting individuals for participation in the 
     program, gives priority to individuals who have completed a 
     jail-based substance abuse treatment program;
       ``(ii) requires each participant in the program to submit 
     to periodic substance abuse testing; and
       ``(iii) involves the coordination between the jail-based 
     substance abuse treatment program and other human service and 
     rehabilitation programs that may assist in the rehabilitation 
     of program participants, such as--

       ``(I) educational and job training programs;
       ``(II) parole supervision programs;
       ``(III) half-way house programs; and
       ``(IV) participation in self-help and peer group programs; 
     and

       ``(iv) assists in placing jail-based substance abuse 
     treatment program participants with appropriate community 
     substance abuse treatment facilities upon release from the 
     correctional facility at the end of a sentence or on parole.
       ``(e) Coordination and Consultation.--
       ``(1) Coordination.--Each State that makes 1 or more grants 
     under this section in any fiscal year shall, to the maximum 
     extent practicable, implement a statewide communications 
     network with the capacity to track the participants in jail-
     based substance abuse treatment programs established by local 
     correctional facilities in the State as those participants 
     move between local correctional facilities within the State.
       ``(2) Consultation.--Each State described in paragraph (1) 
     shall consult with the Attorney General and the Secretary of 
     Health and Human Services to ensure that each jail-based 
     substance abuse treatment program assisted with a grant made 
     by the State under this section incorporates applicable 
     components of comprehensive approaches, including relapse 
     prevention and aftercare services.
       ``(f) Use of Grant Amounts.--
       ``(1) In general.--Each local correctional facility that 
     receives a grant under this section shall use the grant 
     amount solely for the purpose of carrying out the jail-based 
     substance abuse treatment program described in the 
     application submitted under subsection (c).
       ``(2) Administration.--Each local correctional facility 
     that receives a grant under this section shall carry out all 
     activities relating to the administration of the grant 
     amount, including reviewing the manner in which the amount is 
     expended, processing, monitoring the progress of the program 
     assisted, financial reporting, technical assistance, grant 
     adjustments, accounting, auditing, and fund disbursement.
       ``(3) Restriction.--A local correctional facility may not 
     use any amount of a grant under this section for land 
     acquisition or a construction project.
       ``(g) Reporting Requirement; Performance Review.--
       ``(1) Reporting requirement.--Not later than March 1 of 
     each year, each local correctional facility that receives a 
     grant under this section shall submit to the Attorney 
     General, through the State, a description and evaluation of 
     the jail-based substance abuse treatment program carried out 
     by the local correctional facility with the grant amount, in 
     such form and containing such information as the Attorney 
     General may reasonably require.
       ``(2) Performance review.--The Attorney General shall 
     conduct an annual review of each jail-based substance abuse 
     treatment program assisted under this section, in order to 
     verify the compliance of local correctional facilities with 
     the requirements of this section.
       ``(h) No Effect on State Allocation.--Nothing in this 
     section shall be construed to affect the allocation of 
     amounts to States under section 1904(a).''.
       (c) Technical Amendment.--The table of contents for title I 
     of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
     U.S.C. 3711 et seq.) is amended, in the matter relating to 
     part S, by adding at the end the following:

``1906. Jail-based substance abuse treatment.''.
                    Subtitle E--Safe School Security

     SEC. 1655. SHORT TITLE.

       This subtitle may be cited as the ``Safe School Security 
     Act of 1999''.

     SEC. 1656. ESTABLISHMENT OF SCHOOL SECURITY TECHNOLOGY 
                   CENTER.

       (a) School Security Technology Center.--
       (1) Establishment.--The Attorney General, the Secretary of 
     Education, and the Secretary of Energy shall enter into an 
     agreement for the establishment at the Sandia National 
     Laboratories, in partnership with the National Law 
     Enforcement and Corrections Technology Center--Southeast and 
     the National Center for Rural Law Enforcement, of a center to 
     be known as the ``School Security Technology Center''. The 
     School Security Technology Center shall be administered by 
     the Attorney General.
       (2) Functions.--The School Security Technology Center shall 
     be a resource to local educational agencies for school 
     security assessments, security technology development, 
     technology availability and implementation, and technical 
     assistance relating to improving school security. The School 
     Security Technology Center shall also conduct and publish 
     research on school violence, coalesce data from victim 
     groups, and monitor and report on schools that implement 
     school security strategies.
       (b) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section--
       (1) $3,700,000 for fiscal year 2000;
       (2) $3,800,000 for fiscal year 2001; and
       (3) $3,900,000 for fiscal year 2002.

     SEC. 1657. GRANTS FOR LOCAL SCHOOL SECURITY PROGRAMS.

       Subpart 1 of part A of title IV of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 7111 et seq.) is 
     amended by adding at the end the following:

     ``SEC. 4119. LOCAL SCHOOL SECURITY PROGRAMS.

       ``(a) In General.--
       ``(1) Grants authorized.--From amounts appropriated under 
     subsection (c), the Secretary shall award grants on a 
     competitive basis to local educational agencies to enable the 
     agencies to acquire security technology for, or carry out 
     activities related to improving security at, the middle and 
     secondary schools served by the agencies, including obtaining 
     school security assessments, and technical assistance, for 
     the development of a comprehensive school security plan from 
     the School Security Technology Center.
       ``(2) Application.--To be eligible to receive a grant under 
     this section, a local educational agency shall submit to the 
     Secretary an application in such form and containing such 
     information as the Secretary may require, including 
     information relating to the security needs of the agency.
       ``(3) Priority.--In awarding grants under this section, the 
     Secretary shall give priority to local educational agencies 
     that demonstrate the highest security needs, as reported by 
     the agency in the application submitted under paragraph (2).
       ``(b) Applicability.--The provisions of this part (other 
     than this section) shall not apply to this section.
       ``(c) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $10,000,000 for 
     each of fiscal years 2000, 2001, and 2002.''.

     SEC. 1658. SAFE AND SECURE SCHOOL ADVISORY REPORT.

       Not later than 1 year after the date of enactment of this 
     Act, the Attorney General, in consultation with the Secretary 
     of Education and the Secretary of Energy, or their designees, 
     shall--
       (1) develop a proposal to further improve school security; 
     and
       (2) submit that proposal to Congress.
                   Subtitle F--Internet Prohibitions

     SEC. 1661. SHORT TITLE.

       This subtitle may be cited as the ``Internet Firearms and 
     Explosives Advertising Act of 1999''.

     SEC. 1662. FINDINGS; PURPOSE.

       Congress finds the following:
       (1) Citizens have an individual right, under the Second 
     Amendment to the United States Constitution, to keep and bear 
     arms. The Gun Control Act of 1968 and the Firearms Owners 
     Protection Act of 1986 specifically state that it is not the 
     intent of Congress to frustrate the free exercise of that 
     right in enacting Federal legislation. The free exercise of 
     that right includes law abiding firearms owners buying, 
     selling, trading, and collecting guns in accordance with 
     Federal, State, and local laws for whatever lawful use they 
     deem desirable.
       (2) The Internet is a powerful information medium, which 
     has and continues to be an excellent tool to educate citizens 
     on the training, education and safety programs available to 
     use firearms safely and responsibly. It has, and should 
     continue to develop, as a 21st century tool for ``e-
     commerce'' and marketing many products, including firearms 
     and sporting goods. Many web sites related to these topics 
     are sponsored in large part by the sporting firearms and 
     hunting community.
       (3) It is the intent of Congress that this legislation be 
     applied where the Internet is being exploited to violate the 
     applicable explosives and firearms laws of the United States.

     SEC. 1663. PROHIBITIONS ON USES OF THE INTERNET.

       (a) In General.--Chapter 44 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 931. Criminal firearms and explosives solicitations

       ``(a)(1) In General.--Any person who, in a circumstance 
     described in paragraph (2), knowingly makes, prints, or 
     publishes, or causes to be made, printed, or published, any 
     notice or advertisement seeking or offering to receive, 
     exchange, buy, sell, produce, distribute, or transfer--
       ``(A) a firearm knowing that such transaction, if carried 
     out as noticed or advertised, would violate subsection (a), 
     (d), (g), or (x) of section 922 of this chapter, or
       ``(B) explosive materials knowing that such transaction, if 
     carried out as noticed or advertised, would violate 
     subsection (a), (d), and (i) of section 842 of this title,


[[Page 11087]]


     shall be punished as provided under subsection (b).
       ``(2) The circumstance referred to in paragraph (1) is 
     that--
       ``(A) such person knows or has reason to know that such 
     notice or advertisement will be transported in interstate or 
     foreign commerce by computer; or
       ``(B) such notice or advertisement is transported in 
     interstate or foreign commerce by computer.
       ``(b) Penalties.--Any individual who violates, or attempts 
     or conspires to violate, this section shall be fined under 
     this title or imprisoned not more than 1 year, and both, but 
     if such person has one prior conviction under this section, 
     or under the laws of any State relating to the same offense, 
     such person shall be fined under this title and imprisoned 
     for not more than 5 years, but if such person has 2 or more 
     prior convictions under this section, or under the laws of 
     any State relating to the same offense, such person shall be 
     fined under this title and imprisoned not less than 10 years 
     nor more than 20 years. Any organization that violates, or 
     attempts or conspires to violate, this section shall be fined 
     under this title. Whoever, in the course of an offense under 
     this section, engages in conduct that results in the death of 
     a juvenile, herein defined as an individual who has not yet 
     attained the age of 18 years, shall be punished by death, or 
     imprisoned for any term of years or for life.
       ``(c) Defenses.--It is an affirmative defense against any 
     proceeding involving this section if the proponent proves by 
     a preponderance of the evidence that--
       ``(1) the advertisement or notice came from--
       ``(A) a web site, notice or advertisement operated or 
     created by a person licensed--
       ``(i) as a manufacturer, importer, or dealer under section 
     923 of this chapter; or
       ``(ii) under chapter 40 of this title; and
       ``(B) the site, advertisement or notice, advised the person 
     at least once prior to the offering of the product, material 
     or information to the person that sales or transfers of the 
     product or information will be made in accord with Federal, 
     State and local law applicable to the buyer or transferee, 
     and such notice includes, in the case of firearms or 
     ammunition, additional information that firearms transfers 
     will only be made through a licensee, and that firearms and 
     ammunition transfers are prohibited to felons, fugitives, 
     juveniles and other persons under the Gun Control Act of 1968 
     prohibited from receiving or possessing firearms or 
     ammunition; or
       ``(2) the advertisement or notice came from--
       ``(A) a web site, notice or advertisement is operated or 
     created by a person not licensed as stated in paragraph (1); 
     and
       ``(B) the site, advertisement or notice, advised the person 
     at least once prior to the offering of the product, material 
     or information to the person that the sales or transfers of 
     the product or information--
       ``(i) will be made in accord with Federal, State and local 
     law applicable to the buyer or transferee, and such notice 
     includes, in the case of firearms or ammunition, that 
     firearms and ammunition transfers are prohibited to felons, 
     fugitives, juveniles and other persons under the Gun Control 
     Act of 1968 prohibited from receiving or possessing firearms 
     or ammunition; and
       ``(ii) as a term or condition for posting or listing the 
     firearm for sale or exchange on the web site for a 
     prospective transferor, the web site, advertisement or notice 
     requires that, in the event of any agreement to sell or 
     exchange the firearm pursuant to that posting or listing, the 
     firearm be transferred to that person for disposition through 
     a Federal firearms licensee, where the Gun Control Act of 
     1968 requires the transfer to be made through a Federal 
     firearms licensee.''.
       (b) Technical and Conforming Amendment.--The analysis for 
     chapter 44 of title 18, United States Code, is amended by 
     inserting after the item relating to section 930 the 
     following:

``931. Criminal firearms and explosives solicitations.''.

     SEC. 1664. EFFECTIVE DATE.

       The amendments made by sections 1661-1663 shall take effect 
     beginning on the date that is 180 days after the enactment of 
     this Act.
              Subtitle G--Partnerships for High-Risk Youth

     SEC. 1671. SHORT TITLE.

       This subtitle may be cited as the ``Partnerships for High-
     Risk Youth Act''.

     SEC. 1672. FINDINGS.

       Congress finds that--
       (1) violent juvenile crime rates have been increasing in 
     United States schools, causing many high-profile deaths of 
     young, innocent school children;
       (2) in 1994, there were 2,700,000 arrests of persons under 
     age 18 (a third of whom were under age 15), up from 1,700,000 
     in 1991;
       (3) while crime is generally down in many urban and 
     suburban areas, crime committed by teenagers has spiked 
     sharply over the past few years;
       (4) there is no single solution, or panacea, to the problem 
     of rising juvenile crime;
       (5) there will soon be over 34,000,000 teenagers in the 
     United States, which is 26 percent higher than the number of 
     such teenagers in 1990 and the largest number of teenagers in 
     the United States to date;
       (6) in order to ensure the safety of youth in the United 
     States, the Nation should begin to explore innovative methods 
     of curbing the rise in violent crime in United States 
     schools, such as use of faith-based and grassroots 
     initiatives; and
       (7)(A) a strong partnership among law enforcement, local 
     government, juvenile and family courts, schools, businesses, 
     charitable organizations, families, and the religious 
     community can create a community environment that supports 
     the youth of the Nation and reduces the occurrence of 
     juvenile crime; and
       (B) the development of character and strong moral values 
     will--
       (i) greatly decrease the likelihood that youth will fall 
     victim to the temptations of crime; and
       (ii) improve the lives and future prospects of high-risk 
     youth and their communities.

     SEC. 1673. PURPOSES.

       The purposes of this subtitle are as follows:
       (1) To establish a national demonstration project to 
     promote learning about successful youth interventions, with 
     programs carried out by institutions that can identify and 
     employ effective approaches for improving the lives and 
     future prospects of high-risk youth and their communities.
       (2) To document best practices for conducting successful 
     interventions for high-risk youth, based on the results of 
     local initiatives.
       (3) To produce lessons and data from the operating 
     experience from those local initiatives that will--
       (A) provide information to improve policy in the public and 
     private sectors; and
       (B) promote the operational effectiveness of other local 
     initiatives throughout the United States.

     SEC. 1674. ESTABLISHMENT OF DEMONSTRATION PROJECT.

       (a) In General.--The Attorney General shall establish and 
     carry out a demonstration project. In carrying out the 
     demonstration project, the Attorney General shall, subject to 
     the availability of appropriations, award a grant to Public-
     Private Ventures, Inc. to enable Public-Private Ventures, 
     Inc. to award grants to eligible partnerships to pay for the 
     Federal share of the cost of carrying out collaborative 
     intervention programs for high-risk youth, described in 
     section 1676, in the following 12 cities:
       (1) Boston, Massachusetts.
       (2) New York, New York.
       (3) Philadelphia, Pennsylvania.
       (4) Pittsburgh, Pennsylvania.
       (5) Detroit, Michigan.
       (6) Denver, Colorado.
       (7) Seattle, Washington.
       (8) Cleveland, Ohio.
       (9) San Francisco, California.
       (10) Austin, Texas.
       (11) Memphis, Tennessee.
       (12) Indianapolis, Indiana.
       (b) Federal Share.--
       (1) In general.--The Federal share of the cost described in 
     subsection (a) shall be 70 percent.
       (2) Non-federal share.--The non-Federal share of the cost 
     may be provided in cash.

     SEC. 1675. ELIGIBILITY.

       (a) In General.--To be eligible to receive a grant under 
     section 1674, a partnership--
       (1) shall submit an application to Public-Private Ventures 
     Inc. at such time, in such manner, and containing such 
     information as Public-Private Ventures, Inc. may require;
       (2) shall enter into a memorandum of understanding with 
     Public-Private Ventures, Inc.; and
       (3)(A) shall be a collaborative entity that includes 
     representatives of local government, juvenile detention 
     service providers, local law enforcement, probation officers, 
     youth street workers, and local educational agencies, and 
     religious institutions that have resident-to-membership 
     percentages of at least 40 percent; and
       (B) shall serve a city referred to in section 1674(a).
       (b) Selection Criteria.--In making grants under section 
     1674, Public-Private Ventures, Inc. shall consider--
       (1) the ability of a partnership to design and implement a 
     local intervention program for high-risk youth;
       (2) the past experience of the partnership, and key 
     participating individuals, in intervention programs for youth 
     and similar community activities; and
       (3) the experience of the partnership in working with other 
     community-based organizations.

     SEC. 1676. USES OF FUNDS.

       (a) Programs.--
       (1) Core features.--An eligible partnership that receives a 
     grant under section 1674 shall use the funds made available 
     through the grant to carry out an intervention program with 
     the following core features:
       (A) Target group.--The program will target a group of youth 
     (including young adults) who--
       (i) are at high risk of--

       (I) leading lives that are unproductive and negative;
       (II) not being self-sufficient; and
       (III) becoming incarcerated; and

       (ii) are likely to cause pain and loss to other individuals 
     and their communities.

[[Page 11088]]

       (B) Volunteers and mentors.--The program will make 
     significant use of volunteers and mentors.
       (C) Long-term involvement.--The program will feature 
     activities that promote long-term involvement in the lives of 
     the youth (including young adults).
       (2) Permissible services.--The partnership, in carrying out 
     the program, may use funds made available through the grant 
     to provide, directly or through referrals, comprehensive 
     support services to the youth (including young adults).
       (b) Evaluation and Related Activities.--Using funds made 
     available through its grant under section 1674, Public-
     Private Ventures, Inc. shall--
       (1) prepare and implement an evaluation design for 
     evaluating the programs that receive grants under section 
     1674;
       (2) conduct a quarterly evaluation of the performance and 
     progress of the programs;
       (3) organize and conduct national and regional conferences 
     to promote peer learning about the operational experiences 
     from the programs;
       (4) provide technical assistance to the partnerships 
     carrying out the programs, based on the quarterly 
     evaluations; and
       (5) prepare and submit to the Attorney General a report 
     that describes the activities of the partnerships and the 
     results of the evaluations.
       (c) Limitation.--Not more than 20 percent of the funds 
     appropriated under section 1677 for a fiscal year may be 
     used--
       (1) to provide comprehensive support services under 
     subsection (a)(2);
       (2) to carry out activities under subsection (b); and
       (3) to pay for the administrative costs of Public-Private 
     Ventures, Inc., related to carrying out this subtitle.

     SEC. 1677. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated to carry out this 
     subtitle $4,000,000 for each of the fiscal years 2000 through 
     2004.
              Subtitle H--National Youth Crime Prevention

     SEC. 1681. SHORT TITLE.

       This subtitle may be cited as the ``National Youth Crime 
     Prevention Demonstration Act''.

     SEC. 1682. PURPOSES.

       The purposes of this subtitle are as follows:
       (1) To establish a demonstration project that establishes 
     violence-free zones that would involve successful youth 
     intervention models in partnership with law enforcement, 
     local housing authorities, private foundations, and other 
     public and private partners.
       (2) To document best practices based on successful 
     grassroots interventions in cities, including Washington, 
     District of Columbia; Boston, Massachusetts; Hartford, 
     Connecticut; and other cities to develop methodologies for 
     widespread replication.
       (3) To increase the efforts of the Department of Justice, 
     the Department of Housing and Urban Development, and other 
     agencies in supporting effective neighborhood mediating 
     approaches.

     SEC. 1683. ESTABLISHMENT OF NATIONAL YOUTH CRIME PREVENTION 
                   DEMONSTRATION PROJECT.

       The Attorney General shall establish and carry out a 
     demonstration project. In carrying out the demonstration 
     project, the Attorney General shall, subject to the 
     availability of appropriations, award a grant to the National 
     Center for Neighborhood Enterprise (referred to in this 
     subtitle as the ``National Center'') to enable the National 
     Center to award grants to grassroots entities in the 
     following 8 cities:
       (1) Washington, District of Columbia.
       (2) Detroit, Michigan.
       (3) Hartford, Connecticut.
       (4) Indianapolis, Indiana.
       (5) Chicago (and surrounding metropolitan area), Illinois.
       (6) San Antonio, Texas.
       (7) Dallas, Texas.
       (8) Los Angeles, California.

     SEC. 1684. ELIGIBILITY.

       (a) In General.--To be eligible to receive a grant under 
     this subtitle, a grassroots entity referred to in section 
     1683 shall submit an application to the National Center to 
     fund intervention models that establish violence-free zones.
       (b) Selection Criteria.--In awarding grants under this 
     subtitle, the National Center shall consider--
       (1) the track record of a grassroots entity and key 
     participating individuals in youth group mediation and crime 
     prevention;
       (2) the engagement and participation of a grassroots entity 
     with other local organizations; and
       (3) the ability of a grassroots entity to enter into 
     partnerships with local housing authorities, law enforcement 
     agencies, and other public entities.

     SEC. 1685. USES OF FUNDS.

       (a) In General.--Funds received under this subtitle may be 
     used for youth mediation, youth mentoring, life skills 
     training, job creation and entrepreneurship, organizational 
     development and training, development of long-term 
     intervention plans, collaboration with law enforcement, 
     comprehensive support services and local agency partnerships, 
     and activities to further community objectives in reducing 
     youth crime and violence.
       (b) Guidelines.--The National Center will identify local 
     lead grassroots entities in each designated city.
       (c) Technical Assistance.--The National Center, in 
     cooperation with the Attorney General, shall also provide 
     technical assistance for startup projects in other cities.

     SEC. 1686. REPORTS.

       The National Center shall submit a report to the Attorney 
     General evaluating the effectiveness of grassroots agencies 
     and other public entities involved in the demonstration 
     project.

     SEC. 1687. DEFINITIONS.

       In this subtitle:
       (1) Grassroots entity.--The term ``grassroots entity'' 
     means a not-for-profit community organization with 
     demonstrated effectiveness in mediating and addressing youth 
     violence by empowering at-risk youth to become agents of 
     peace and community restoration.
       (2) National center for neighborhood enterprise.--The term 
     ``National Center for Neighborhood Enterprise'' means a not-
     for-profit organization incorporated in the District of 
     Columbia.

     SEC. 1688. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There are authorized to be appropriated to 
     carry out this subtitle--
       (1) $5,000,000 for fiscal year 2000;
       (2) $5,000,000 for fiscal year 2001;
       (3) $5,000,000 for fiscal year 2002;
       (4) $5,000,000 for fiscal year 2003; and
       (5) $5,000,000 for fiscal year 2004.
       (b) Reservation.--The National Center for Neighborhood 
     Enterprise may use not more than 20 percent of the amounts 
     appropriated pursuant to subsection (a) in any fiscal year 
     for administrative costs, technical assistance and training, 
     comprehensive support services, and evaluation of 
     participating grassroots organizations.
             Subtitle I--National Youth Violence Commission

     SEC. 1691. SHORT TITLE.

       This subtitle may be cited as the ``National Youth Violence 
     Commission Act''.

     SEC. 1692. NATIONAL YOUTH VIOLENCE COMMISSION.

       (a) Establishment of Commission.--There is established a 
     commission to be known as the National Youth Violence 
     Commission (hereinafter referred to in this subtitle as the 
     ``Commission''). The Commission shall--
       (1) be composed of 16 members appointed in accordance with 
     subsection (b); and
       (2) conduct its business in accordance with the provisions 
     of this subtitle.
       (b) Membership.--
       (1) Persons eligible.--Except for those members who hold 
     the offices described under paragraph (2)(A), and those 
     members appointed under paragraph (2) (C)(ii) and (D)(iv), 
     the members of the Commission shall be individuals who have 
     expertise, by both experience and training, in matters to be 
     studied by the Commission under section 1693. The members of 
     the Commission shall be well-known and respected among their 
     peers in their respective fields of expertise.
       (2) Appointments.--The members of the Commission shall be 
     appointed for the life of the Commission as follows:
       (A) Four shall be appointed by the President of the United 
     States, including--
       (i) the Surgeon General of the United States;
       (ii) the Attorney General of the United States;
       (iii) the Secretary of the Department of Health and Human 
     Services; and
       (iv) the Secretary of the Department of Education.
       (B) Four shall be appointed by the Speaker of the House of 
     Representatives, including--
       (i) 1 member who meets the criteria for eligibility in 
     paragraph (1) in the field of law enforcement or crime 
     enforcement;
       (ii) 1 member who meets the criteria for eligibility in 
     paragraph (1) in the field of school administration, 
     teaching, or counseling;
       (iii) 1 member who meets the criteria for eligibility in 
     paragraph (1) in the field of parenting and family studies; 
     and
       (iv) 1 member who meets the criteria for eligibility in 
     paragraph (1) in the field of child or adolescent psychology.
       (C) Two shall be appointed by the Minority Leader of the 
     House of Representatives, including--
       (i) 1 member who meets the criteria for eligibility in 
     paragraph (1) in the field of law enforcement or crime 
     enforcement; and
       (ii) 1 member who is a recognized religious leader.
       (D) Four shall be appointed by the Majority Leader of the 
     Senate, including--
       (i) 1 member who meets the criteria for eligibility in 
     paragraph (1) in the field of law enforcement or crime 
     enforcement;
       (ii) 1 member who meets the criteria for eligibility in 
     paragraph (1) in the field of school administration, 
     teaching, or counseling;
       (iii) 1 member who meets the criteria for eligibility in 
     paragraph (1) in the social sciences; and
       (iv) 1 member who is a recognized religious leader.
       (E) Two shall be appointed by the Minority Leader of the 
     Senate, including--
       (i) 1 member who meets the criteria for eligibility in 
     paragraph (1) in the field of school administration, 
     teaching, or counseling; and

[[Page 11089]]

       (ii) 1 member who meets the criteria for eligibility in 
     paragraph (1) in the field of parenting and family studies.
       (3) Completion of appointments; vacancies.--Not later than 
     30 days after the date of enactment of this Act, the 
     appointing authorities under paragraph (2) shall each make 
     their respective appointments. Any vacancy that occurs during 
     the life of the Commission shall not affect the powers of the 
     Commission, and shall be filled in the same manner as the 
     original appointment not later than 30 days after the vacancy 
     occurs.
       (4) Operation of the commission.--
       (A) Chairmanship.--The appointing authorities under 
     paragraph (2) shall jointly designate 1 member as the 
     Chairman of the Commission. In the event of a disagreement 
     among the appointing authorities, the Chairman shall be 
     determined by a majority vote of the appointing authorities. 
     The determination of which member shall be Chairman shall be 
     made not later than 15 days after the appointment of the last 
     member of the Commission, but in no case later than 45 days 
     after the date of enactment of this Act.
       (B) Meetings.--The Commission shall meet at the call of the 
     Chairman. The initial meeting of the Commission shall be 
     conducted not later than 30 days after the later of--
       (i) the date of the appointment of the last member of the 
     Commission; or
       (ii) the date on which appropriated funds are available for 
     the Commission.
       (C) Quorum; voting; rules.--A majority of the members of 
     the Commission shall constitute a quorum to conduct business, 
     but the Commission may establish a lesser quorum for 
     conducting hearings scheduled by the Commission. Each member 
     of the Commission shall have 1 vote, and the vote of each 
     member shall be accorded the same weight. The Commission may 
     establish by majority vote any other rules for the conduct of 
     the Commission's business, if such rules are not inconsistent 
     with this subtitle or other applicable law.

     SEC. 1693. DUTIES OF THE COMMISSION.

       (a) Study.--
       (1) In general.--It shall be the duty of the Commission to 
     conduct a comprehensive factual study of incidents of youth 
     violence to determine the root causes of such violence.
       (2) Matters to be studied.--In determining the root causes 
     of incidents of youth violence, the Commission shall study 
     any matter that the Commission determines relevant to meeting 
     the requirements of paragraph (1), including at a minimum--
       (A) the level of involvement and awareness of teachers and 
     school administrators in the lives of their students and any 
     impact of such involvement and awareness on incidents of 
     youth violence;
       (B) trends in family relationships, the level of 
     involvement and awareness of parents in the lives of their 
     children, and any impact of such relationships, involvement, 
     and awareness on incidents of youth violence;
       (C) the alienation of youth from their schools, families, 
     and peer groups, and any impact of such alienation on 
     incidents of youth violence;
       (D) the availability of firearms to youth, including any 
     illegal means by which youth acquire such firearms, and any 
     impact of such availability on incidents of youth violence;
       (E) any impact upon incidents of youth violence of the 
     failure to execute existing laws designed to restrict youth 
     access to certain firearms, and the illegal purchase, 
     possession, or transfer of certain firearms;
       (F) the effect upon youth of depictions of violence in the 
     media and any impact of such depictions on incidents of youth 
     violence; and
       (G) the availability to youth of information regarding the 
     construction of weapons, including explosive devices, and any 
     impact of such information on incidents of youth violence.
       (3) Testimony of parents and students.--In determining the 
     root causes of incidents of youth violence, the Commission 
     shall, pursuant to section 1694(a), take the testimony of 
     parents and students to learn and memorialize their views and 
     experiences regarding incidents of youth violence.
       (b) Recommendations.--Based on the findings of the study 
     required under subsection (a), the Commission shall make 
     recommendations to the President and Congress to address the 
     causes of youth violence and reduce incidents of youth 
     violence. If the Surgeon General issues any report on media 
     and violence, the Commission shall consider the findings and 
     conclusions of such report in making recommendations under 
     this subsection.
       (c) Report.--
       (1) In general.--Not later than 1 year after the date on 
     which the Commission first meets, the Commission shall submit 
     to the President and Congress a comprehensive report of the 
     Commission's findings and conclusions, together with the 
     recommendations of the Commission.
       (2) Summaries.--The report under this subsection shall 
     include a summary of--
       (A) the reports submitted to the Commission by any entity 
     under contract for research under section 1694(e); and
       (B) any other material relied on by the Commission in the 
     preparation of the Commission's report.

     SEC. 1694. POWERS OF THE COMMISSION.

       (a) Hearings.--
       (1) In general.--The Commission may hold such hearings, sit 
     and act at such times and places, administer such oaths, take 
     such testimony, and receive such evidence as the Commission 
     considers advisable to carry out its duties under section 
     1693.
       (2) Witness expenses.--Witnesses requested to appear before 
     the Commission shall be paid the same fees as are paid to 
     witnesses under section 1821 of title 28, United States Code.
       (b) Subpoenas.--
       (1) In general.--If a person fails to supply information 
     requested by the Commission, the Commission may by majority 
     vote request the Attorney General of the United States to 
     require by subpoena the production of any written or recorded 
     information, document, report, answer, record, account, 
     paper, computer file, or other data or documentary evidence 
     necessary to carry out the Commission's duties under section 
     1693. The Commission shall transmit to the Attorney General a 
     confidential, written request for the issuance of any such 
     subpoena. The Attorney General shall issue the requested 
     subpoena if the request is reasonable and consistent with the 
     Commission's duties under section 1693. A subpoena under this 
     paragraph may require the production of materials from any 
     place within the United States.
       (2) Interrogatories.--The Commission may, with respect only 
     to information necessary to understand any materials obtained 
     through a subpoena under paragraph (1), request the Attorney 
     General to issue a subpoena requiring the person producing 
     such materials to answer, either through a sworn deposition 
     or through written answers provided under oath (at the 
     election of the person upon whom the subpoena is served), to 
     interrogatories from the Commission regarding such 
     information. The Attorney General shall issue the requested 
     subpoena if the request is reasonable and consistent with the 
     Commission's duties under section 1693. A complete recording 
     or transcription shall be made of any deposition made under 
     this paragraph.
       (3) Certification.--Each person who submits materials or 
     information to the Attorney General pursuant to a subpoena 
     issued under paragraph (1) or (2) shall certify to the 
     Attorney General the authenticity and completeness of all 
     materials or information submitted. The provisions of section 
     1001 of title 18, United States Code, shall apply to any 
     false statements made with respect to the certification 
     required under this paragraph.
       (4) Treatment of subpoenas.--Any subpoena issued by the 
     Attorney General under paragraph (1) or (2) shall comply with 
     the requirements for subpoenas issued by a United States 
     district court under the Federal Rules of Civil Procedure.
       (5) Failure to obey a subpoena.--If a person refuses to 
     obey a subpoena issued by the Attorney General under 
     paragraph (1) or (2), the Attorney General may apply to a 
     United States district court for an order requiring that 
     person to comply with such subpoena. The application may be 
     made within the judicial district in which that person is 
     found, resides, or transacts business. Any failure to obey 
     the order of the court may be punished by the court as civil 
     contempt.
       (c) Information From Federal Agencies.--The Commission may 
     secure directly from any Federal department or agency such 
     information as the Commission considers necessary to carry 
     out its duties under section 1693. Upon the request of the 
     Commission, the head of such department or agency may furnish 
     such information to the Commission.
       (d) Information To Be Kept Confidential.--
       (1) In general.--The Commission shall be considered an 
     agency of the Federal Government for purposes of section 1905 
     of title 18, United States Code, and any individual employed 
     by any individual or entity under contract with the 
     Commission under subsection (e) shall be considered an 
     employee of the Commission for the purposes of section 1905 
     of title 18, United States Code.
       (2) Disclosure.--Information obtained by the Commission or 
     the Attorney General under this Act and shared with the 
     Commission, other than information available to the public, 
     shall not be disclosed to any person in any manner, except--
       (A) to Commission employees or employees of any individual 
     or entity under contract to the Commission under subsection 
     (e) for the purpose of receiving, reviewing, or processing 
     such information;
       (B) upon court order; or
       (C) when publicly released by the Commission in an 
     aggregate or summary form that does not directly or 
     indirectly disclose--
       (i) the identity of any person or business entity; or
       (ii) any information which could not be released under 
     section 1905 of title 18, United States Code.
       (e) Contracting for Research.--The Commission may enter 
     into contracts with any entity for research necessary to 
     carry out the Commission's duties under section 1693.

[[Page 11090]]



     SEC. 1695. COMMISSION PERSONNEL MATTERS.

       (a) Compensation of Members.--Each member of the Commission 
     who is not an officer or employee of the Federal Government 
     shall be compensated at a rate equal to the daily equivalent 
     of the annual rate of basic pay prescribed for level IV of 
     the Executive Schedule under section 5315 of title 5, United 
     States Code, for each day (including travel time) during 
     which such member is engaged in the performance of the duties 
     of the Commission. All members of the Commission who are 
     officers or employees of the United States shall serve 
     without compensation in addition to that received for their 
     services as officers or employees of the United States.
       (b) Travel Expenses.--The members of the Commission shall 
     be allowed travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for employees of agencies 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from their homes or regular places of 
     business in the performance of service for the Commission.
       (c) Staff.--
       (1) In general.--The Chairman of the Commission may, 
     without regard to the civil service laws and regulations, 
     appoint and terminate an executive director and such other 
     additional personnel as may be necessary to enable the 
     Commission to perform its duties. The employment and 
     termination of an executive director shall be subject to 
     confirmation by a majority of the members of the Commission.
       (2) Compensation.--The executive director shall be 
     compensated at a rate not to exceed the rate payable for 
     level V of the Executive Schedule under section 5316 of title 
     5, United States Code. The Chairman may fix the compensation 
     of other personnel without regard to the provisions of 
     chapter 51 and subchapter III of chapter 53 of title 5, 
     United States Code, relating to classification of positions 
     and General Schedule pay rates, except that the rate of pay 
     for such personnel may not exceed the rate payable for level 
     V of the Executive Schedule under section 5316 of such title.
       (3) Detail of government employees.--Any Federal Government 
     employee, with the approval of the head of the appropriate 
     Federal agency, may be detailed to the Commission without 
     reimbursement, and such detail shall be without interruption 
     or loss of civil service status, benefits, or privilege.
       (d) Procurement of Temporary and Intermittent Services.--
     The Chairman of the Commission may procure temporary and 
     intermittent services under section 3109(b) of title 5, 
     United States Code, at rates for individuals not to exceed 
     the daily equivalent of the annual rate of basic pay 
     prescribed for level V of the Executive Schedule under 
     section 5316 of such title.

     SEC. 1696. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the Commission 
     and any agency of the Federal Government assisting the 
     Commission in carrying out its duties under this subtitle 
     such sums as may be necessary to carry out the purposes of 
     this subtitle. Any sums appropriated shall remain available, 
     without fiscal year limitation, until expended.

     SEC. 1697. TERMINATION OF THE COMMISSION.

       The Commission shall terminate 30 days after the Commission 
     submits the report under section 1693(c).
                       Subtitle J--School Safety

     SEC. 1698. SHORT TITLE.

       This subtitle may be cited as the ``School Safety Act of 
     1999''.

     SEC. 1699. AMENDMENTS TO THE INDIVIDUALS WITH DISABILITIES 
                   EDUCATION ACT.

       (a) Placement in Alternative Educational Setting.--Section 
     615(k) of the Individuals with Disabilities Education Act (20 
     U.S.C. 1415(k)) is amended--
       (1) in paragraph (1)(A)(ii)(I), by inserting ``(other than 
     a gun or firearm)'' after ``weapon'';
       (2) by redesignating paragraph (10) as paragraph (11); and
       (3) by inserting after paragraph (9) the following new 
     section:
       ``(10) Discipline with regard to guns or firearms.--
       ``(A) Authority of school personnel with respect to guns or 
     firearms.--
       ``(i) Notwithstanding any other provision of this Act, 
     school personnel may discipline (including expel or suspend) 
     a child with a disability who carries or possesses a gun or 
     firearm to or at a school, on school premises, or to or at a 
     school function, under the jurisdiction of a State or a local 
     educational agency, in the same manner in which such 
     personnel may discipline a child without a disability.
       ``(ii) Nothing in clause (i) shall be construed to prevent 
     a child with a disability who is disciplined pursuant to the 
     authority provided under clause (i) from asserting a defense 
     that the carrying or possession of the gun or firearm was 
     unintentional or innocent.
       ``(B) Free appropriate public education.--
       ``(i) Ceasing to provide education.--Notwithstanding 
     section 612(a)(1)(A), a child expelled or suspended under 
     subparagraph (A) shall not be entitled to continued 
     educational services, including a free appropriate public 
     education, under this title, during the term of such 
     expulsion or suspension, if the State in which the local 
     educational agency responsible for providing educational 
     services to such child does not require a child without a 
     disability to receive educational services after being 
     expelled or suspended.
       ``(ii) Providing education.--Notwithstanding clause (i), 
     the local educational agency responsible for providing 
     educational services to a child with a disability who is 
     expelled or suspended under subparagraph (A) may choose to 
     continue to provide educational services to such child. If 
     the local educational agency so chooses to continue to 
     provide the services--

       ``(I) nothing in this title shall require the local 
     educational agency to provide such child with a free 
     appropriate public education, or any particular level of 
     service; and
       ``(II) the location where the local educational agency 
     provides the services shall be left to the discretion of the 
     local educational agency.

       ``(C) Relationship to other requirements.--
       ``(i) Plan requirements.--No agency shall be considered to 
     be in violation of section 612 or 613 because the agency has 
     provided discipline, services, or assistance in accordance 
     with this paragraph.
       ``(ii) Procedure.--Actions taken pursuant to this paragraph 
     shall not be subject to the provisions of this section, other 
     than this paragraph.
       ``(D) Firearm.--The term `firearm' has the meaning given 
     the term under section 921 of title 18, United States 
     Code.''.
       (b) Conforming Amendment.--Section 615(f)(1) of the 
     Individuals with Disabilities Education Act (20 U.S.C. 
     1415(f)(1)) is amended by striking ``Whenever'' and inserting 
     the following: ``Except as provided in section 615(k)(10), 
     whenever''.

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