[Congressional Record (Bound Edition), Volume 147 (2001), Part 9]
[Senate]
[Pages 12915-12938]
[From the U.S. Government Publishing Office, www.gpo.gov]



          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mrs. FEINSTEIN (for herself and Mr. Thompson):
  S. 1162. A bill to repeal the requirement relating to specific 
statutory authorization for increases in judicial salaries, to provide 
for automatic annual increases for judicial salaries, to provide for a 
9.6 percent increase in judicial salaries, and for other purposes; to 
the Committee on the Judiciary.
  Mrs. FEINSTEIN. Mr. President, I rise, along with Senator Thompson, 
to introduce legislation to restore pay equity for our Federal judges. 
This legislation would guarantee judges automatic and annual cost-of-
living adjustments, COLAs, just like other rank-and-file Federal 
employees.
  In addition, the legislation would end a decade of Federal judicial 
salary neglect by giving judges a one-time salary increase of 9.6 
percent. In the past decade, Congress has denied COLAs for judges in 
four separate years, in 1994, 1995, 1996, and 1998. This bill would 
restore to Federal justices the four COLAs they have lost.
  In his year-end report on the state of the Federal Judiciary, Chief 
Justice William Rehnquist called the ``the need to increase judicial 
salaries'' the most pressing issue facing the Federal judiciary.
  Simply put, while government service offers its own rewards, we 
should not create financial disincentives to service on the Federal 
bench.
  Federal judges bear enormous responsibility as they preside over the 
most pressing legal issues. Often, they must render life-or-death 
decisions or preside over cases with millions of dollars at stake. For 
this vitally important work, they deserve appropriate compensation.
  Recently, Congress took some action to restore equity in Federal 
salaries by doubling the salary of the President of the United States 
from $200,000 to $400,000.
  Congress should now consider an appropriate pay adjustment for the 
Federal judiciary. As of January 2001, Federal district judges receive 
an annual salary of $145,000. If judges had received the COLAs to which 
they were entitled, a Federal District judge's salary would actually be 
$164,700, nearly $20,000 higher.
  Now, $145,000 is a lot more money than the salary of a typical worker 
but it is not so high when you compare it to equivalent positions of 
authority in the private sector. For example, the average partner in a 
major national law firm earns well over $500,000 per year.
  It is even more striking to note that major national law firms are 
offering first-year associates salaries topping $125,000 a year. With 
bonuses, some of these newly minted lawyers are earning more than 
appellate judges.
  The bottom line is that we cannot expect to keep our country's best 
lawyers interested in serving on the Federal bench if we continue to 
denigrate the salary of the post. Just since 1993, the salary of 
Federal judges, adjusted for inflation, has declined by 13 percent.

[[Page 12916]]

  Not surprisingly, more and more judges are leaving the Federal bench. 
Between 1991 and 2000, 52 Federal judges resigned their seats, many of 
them for the purposes of returning to private practice. These 52 judges 
represent 40 percent of the 125 Federal judges who have left the bench 
since 1965.
  Attorneys should not expect to become wealthy through an appointment 
as a Federal judge. Neither should judges expect to have their salaries 
eroded by Congress' failure to give them Cost-of-Living Adjustments.
  Preserving judicial salaries is vital to maintaining the high quality 
of our Federal judiciary. I look forward to working with my colleagues 
in the Senate to restore fairness to judicial compensation.
                                 ______
                                 
      By Mr. CORZINE (for himself, Mr. Carper, and Mr. Schumer):
  S. 1163. A bill to increase the mortgage loan limits under the 
National Housing Act for multifamily housing mortgage insurance; to the 
Committee on Banking, Housing, and Urban Affairs.
  Mr. CORZINE. Mr. President, I am pleased to join with my 
distinguished colleague, Senator Carper, in introducing legislation, 
the FHA Multifamily Housing Loan Limit Adjustment Act, that would 
improve access to affordable housing.
  Our Nation currently faces a critical housing shortage. A report 
released recently by the Center for Housing Policy, ``Housing America's 
Working Families,'' documented the overwhelming need for affordable 
housing. The report indicates that in 1997, nearly 14 million families 
had a critical housing need, meaning they either lived in substandard 
housing conditions or spent more than half their monthly income on the 
cost of housing. The FHA Multifamily Housing Loan Limit Adjustment Act 
would provide America's working families with increased access to 
affordable rental housing.
  The bill is simple, it increases by 25 percent the statutory limits 
for multifamily project loans that can be insured by the FHA. This 
increase reflects the increased costs associated with the production of 
multifamily units since 1992, when these limits were last revised. The 
bill also would index the loan limits for inflation and increases to 
the Annual Construction Cost Index, which is published by the Census 
Bureau.
  Rising construction costs have resulted in a shortage of moderately 
priced affordable rental units. Rent increases now exceed inflation in 
all regions of the country, and new affordable rental units have become 
increasingly harder to find. Because of the current dollar limits on 
loans, FHA insurance cannot be used to help finance construction in 
high-cost urban areas such as the New York/New Jersey metropolitan 
area, Philadelphia and San Francisco.
  By increasing the limits on loans for rental housing we will create 
more incentives for public/private investment in communities through 
America and spur the new production of cooperative housing projects, 
rental housing for the elderly, and new construction or substantial 
rehabilitation of apartments by for- and non-profit entities.
  Late last year, Congress sought, through a number of initiatives, to 
implement programs aimed at increasing the production of affordable 
housing for the millions of Americans who currently face critical 
housing needs. For example, we expanded the Low Income Housing Tax 
Credit, the one Federal program designed to produce new housing. We 
also increased the supply of housing vouchers. However, these programs 
were targeted largely at families with very low incomes. Currently, 
there are no programs designed specifically to provide access to 
affordable rental housing for America's working middle class, the 
people who serve as the engine of our nation's economy. Far too many of 
these individuals, including vital municipal workers like teachers, 
nurses and police officers, are struggling to gain access to affordable 
housing even remotely near where they work.
  Without this much-needed adjustment to the FHA multifamily loan 
limits, access to affordable housing for our working-citizens will 
continue to lag, thousands of more families will join the 14 million 
people who currently face severe housing needs and our nation's economy 
will suffer.
  This bill is modeled after bipartisan legislation introduced in the 
House by my colleague from New Jersey, Congresswoman Marge Roukema, and 
Congressman Barney Frank of Massachusetts. The bill is supported by 
housing and community advocates and has also been endorsed by the 
National Association of Home Builders, the National Association of 
Realtors, and the Mortgage Bankers Association.
  I hope my Senate colleagues will support the legislation and help us 
ensure that America's working families have access to affordable 
housing.
  Mr. CARPER. Mr. President, I am very pleased to join today with my 
distinguished colleague from new Jersey to introduce the FHA 
Multifamily Housing Mortgage Loan Limit Adjustment Act of 2001.
  A recent report published by the National Housing Conference's Center 
for Housing Policy found that in 1997, nearly 14 million families 
either lived in substandard housing or spent more than half of their 
monthly income on housing costs. This affordable housing shortage also 
comes at a time of limited resources. Thus, we have to find the best 
use of each dollar at our disposal, as well as the most effective use 
of existing Federal programs to stimulate new production and 
substantial rehabilitation.
  The Federal Housing Administration's, FHA, multifamily mortgage 
insurance is an important financing device for housing production. 
Unfortunately, production through this public/private partnership has 
been low in recent years. One of the reasons for FHA's absence from the 
rental housing market is that the multifamily loan limits have not been 
increased since 1992. While the annual Construction Cost Index, 
published by the Census Bureau, has increased over 23 percent since 
1992, FHA's multifamily loan limits have remained static.
  These rising construction costs have contributed to FHA's inability 
to be a significant participant in the production of multifamily 
housing. Increasing these loan limits by 25 percent, as this 
legislation does, is something Congress can do today to address 
immediately the shortage is affordable rental housing. This bill 
modifies a current federal program, FHA multifamily insurance, to make 
that program more effective. Importantly, this legislation also indexes 
the loan limits to the Annual Construction Cost Index.
  I ask my colleagues to join with Senator Corzine and me to increase 
these multifamily loan limits so that more working families will have 
access to affordable rental housing.
                                 ______
                                 
      By Mr. EDWARDS:
  S. 1164. A bill to provide for the enhanced protection of the privacy 
of location information of users of location-based services and 
applications, and for other purposes; to the Committee on Commerce, 
Science, and Transportation.
  Mr. EDWARDS. Mr. President, I rise today to introduce much-needed 
legislation to protect the privacy of consumers who use technologies 
that can pinpoint their location. Under my bill, the Location Privacy 
Protection Act, any company that monitors consumers' physical location 
will be prohibited from using or disclosing that information without 
express permission from the consumer. And third parties that gain 
access to the information cannot use or disclose it without the 
individual's permission first.
  Within the next few years, new technologies will allow companies to 
know our location any time of day or night. Our cell phones, pagers, 
cars, palm pilots and other devices will enable companies to constantly 
track where we go and how often we go there. These services can have 
enormous advantages. For example, public safety and rescue teams can 
save lives with systems that enable them to quickly locate crash 
victims. Imagine being able to ask your cell phone for directions to 
the nearest Italian restaurant. Or imagine

[[Page 12917]]

you are traveling in a new city and your pager alerts you when you are 
within a block of your favorite coffee shop, which happens to be 
running a sale on coffee. The possibilities for location-based services 
and application are endless.
  But these new technologies also raise serious privacy issues. 
Location information is very private, sensitive information that can be 
misused to harass consumers with unwanted solicitations or to draw 
inaccurate or embarrassing inferences about them. And in extreme cases, 
improper disclosure of location information to a domestic abuser or 
stalker could place a person in physical danger.
  The wireless industry is unique in that it has worked with Congress 
to guarantee some privacy protections in the law, and it should be 
commended for recognizing the sensitivity of location information. 
However, although these laws are a good first step, we need to build on 
them and strengthen them. For example, although under the law customers 
must give their permission before wireless carriers can use or disclose 
their location information, the law does not require carriers to 
clearly notify consumers about how their location information will be 
used if they do grant their permission. Consumers also have no control 
over what happens to their information once third parties gain access 
to it. These parties are free to share it with anyone they please. And 
shockingly, there are no laws that protect the privacy of users of new 
technologies like telematics, services that allow drivers to get 
directions at the push of a button in their cars, and global 
positioning systems.
  My legislation puts control over location information in the hands of 
the consumer. It requires the FCC to issue new regulations prohibiting 
all providers of location-based services and applications from 
collecting, using, disclosing, or retaining location information 
without the customer's permission first. And customers must be given 
clear and conspicuous notice about what the company is going to do with 
their location information. Customers also will have the right to 
ensure the accuracy of the information that is collected and companies 
will be required to keep that information safe from unauthorized 
access.
  Third parties will not be able to use or disclose location 
information without prior authorization from the customer. In this 
regard, my bill makes an exception if the third party is an emergency 
service. I believe that the FCC must be very careful not to interfere 
with the laws that have been carefully crafted to allow emergency 
medical rescue teams, public safety, fire services, hospital emergency 
facilities and other emergency services to respond to the user's call 
for help. These laws are critical to saving lives and I believe we 
should do everything we can to make sure they work.
  I would also like to point out that while my bill requires that the 
FCC rules not interfere with the ability of law enforcement to obtain 
location information pursuant to an appropriate court order, it does 
not provide the FCC with extraordinary authority to control when law 
enforcement can and cannot gain access to location information. 
Although I have concerns about unnecessary and surreptitious government 
surveillance, I believe that this issue is best addressed either 
separately, or at a later date. The purpose of my bill is primarily to 
lay down guidelines for when private persons, such as businesses, are 
able to use and disclose consumers' location information.
  The law needs to be strengthened, and we have the opportunity to do 
so while these location-based technologies are in their infancy. We 
have a unique opportunity to give consumers power over their location 
information before its commercial value becomes so great that it is 
impossible for consumers to prevent the buying and selling of this very 
personal information.
  In sum, I believe the Location Privacy Protection Act is a common 
sense measure offered at an ideal time. I know that wireless carriers 
and many companies such as OnStar, ATX, Qualcomm and others care deeply 
about privacy. I applaud them for their efforts and I look forward to 
continuing working with them on this issue.
  I ask unanimous consent that the text bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1164

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Location Privacy Protection 
     Act of 2001''.

     SEC. 2. FINDINGS.

       Congress makes the following findings:
       (1) Location-based services and applications allow 
     customers to receive services based on their geographic 
     location, position, or known presence. Telematics devices, 
     for instance, permit subscribers in vehicles to obtain 
     emergency road assistance, driving directions, or other 
     information with the push of a button. Other devices, such as 
     those with Internet access, support position commerce in 
     which notification of points of interest or promotions can be 
     provided to customers based on their known presence or 
     geographic location.
       (2) There is a substantial Federal interest in safeguarding 
     the privacy right of customers of location-based services or 
     applications to control the collection, use, retention of, 
     disclosure of, and access to their location information. 
     Location information is nonpublic information that can be 
     misused to commit fraud, to harass consumers with unwanted 
     messages, to draw embarrassing or inaccurate inferences about 
     them, or to discriminate against them. Improper disclosure of 
     or access to location information could also place a person 
     in physical danger. For example, location information could 
     be misused by stalkers or by domestic abusers.
       (3) The collection or retention of unnecessary location 
     information magnifies the risk of its misuse or improper 
     disclosure.
       (4) Congress has recognized the right to privacy of 
     location information by classifying location information as 
     customer proprietary network information subject to section 
     222 of the Communications Act of 1934 (47 U.S.C. 222), 
     thereby preventing use or disclosure of that information 
     without a customer's express prior authorization.
       (5) There is a substantial Federal interest in promoting 
     fair competition in the provision of wireless services and in 
     ensuring the consumer confidence necessary to ensure 
     continued growth in the use of wireless services. These goals 
     can be attained by establishing a set of privacy rules that 
     apply to wireless location information, regardless of 
     technology, and to all entities and services that generate or 
     receive access to such information.
       (6) It is in the public interest that the Federal 
     Communications Commission establish comprehensive rules to 
     protect the privacy of customers of location-based services 
     and applications and thereby enable customers to realize more 
     fully the benefits of location services and applications.

     SEC. 3. PROTECTION OF LOCATION INFORMATION PRIVACY.

       (a) Rulemaking Required.--Not later than 180 days after the 
     date of the enactment of this Act, the Federal Communications 
     Commission shall complete a rulemaking proceeding for 
     purposes of further protecting the privacy of location 
     information.
       (b) Elements.--
       (1) In general.--Subject to the provisions of paragraph 
     (2), the rules prescribed by the Commission under subsection 
     (a) shall--
       (A) require providers of location-based services and 
     applications to inform customers, with clear and conspicuous 
     notice, about their policies on the collection, use, 
     disclosure of, retention of, and access to customer location 
     information;
       (B) require providers of location-based services and 
     applications to obtain a customer's express authorization 
     before--
       (i) collecting, using, or retaining the customer's location 
     information; or
       (ii) disclosing or permitting access to the customer's 
     location information to any person who is not a party to, or 
     who is not necessary to the performance of, the service 
     contract between the customer and such provider;
       (C) require that all providers of location-based services 
     or applications--
       (i) restrict any collection, use, disclosure of, retention 
     of, and access to customer location information to the 
     specific purpose that is the subject of the express 
     authorization of the customer concerned; and
       (ii) not subsequently release a customer's location 
     information for any purpose beyond the purpose for which the 
     customer provided express authorization;
       (D) ensure the security and integrity of location data, and 
     give customers reasonable access to their location data for 
     purposes of verifying the accuracy of, or deleting, such 
     data;
       (E) be technology neutral to ensure uniform privacy rules 
     and expectations and provide the framework for fair 
     competition among similar services;
       (F) require that aggregated location information not be 
     disaggregated through any

[[Page 12918]]

     means into individual location information for any commercial 
     purpose; and
       (G) not impede customers from readily utilizing location-
     based services or applications.
       (2) Permitted uses.--The rules prescribed under subsection 
     (a) may permit the collection, use, retention, disclosure of, 
     or access to a customer's location information without prior 
     notice or consent to the extent necessary to--
       (A) provide the service from which such information is 
     derived, or to provide the location-based service that the 
     customer is accessing;
       (B) initiate, render, bill, and collect for the location-
     based service or application;
       (C) protect the rights or property of the provider of the 
     location-based service or application, or protect customers 
     of the service or application from fraudulent, abusive, or 
     unlawful use of, or subscription to, the service or 
     application;
       (D) produce aggregate location information; and
       (E) comply with an appropriate court order.
       (3) Additional requirement.--Under the rules prescribed 
     under subsection (a), any third party receiving, or receiving 
     access to, a customer's location information from a provider 
     of location services or applications pursuant to the express 
     authorization of the customer, shall not disclose or permit 
     access to such information to any other person without the 
     express authorization of the customer.
       (4) Express authorization.--
       (A) Form.--For purposes of the rules prescribed under 
     subsection (a) and section 222(f) of the Communications Act 
     of 1934 (47 U.S.C. 222(f)), the Commission shall specify the 
     appropriate methods, whether technological or otherwise, by 
     which a customer may provide express prior authorization. 
     Such methods may include a written or electronically signed 
     service agreement or other contractual instrument.
       (B) Modification or revocation.--Under the rules prescribed 
     under subsection (a), a customer shall have the power to 
     modify or revoke at any time an express authorization given 
     by the customer under the rules.
       (c) Application of Rules.--The rules prescribed by the 
     Commission under subsection (a) shall apply to any person 
     that provides a location-based service or application, 
     whether or not such person is also a provider of commercial 
     mobile service (as that term is defined in section 332(d) of 
     the Communications Act of 1934 (47 U.S.C. 332(d)).
       (d) Relationship to Wireless Communications and Public 
     Safety Act of 1999.--The rules prescribed by the Commission 
     under subsection (a) shall be consistent with the amendments 
     to section 222 of the Communications Act of 1934 (47 U.S.C. 
     222) made by section 5 of the Wireless Communications and 
     Public Safety Act of 1999 (Public Law 106-81; 113 Stat. 
     1288), including the provisions of section 222(d)(4) of the 
     Communications Act of 1934, as so amended, permitting use, 
     disclosure, and access to location information by public 
     safety, fire services, and other emergency services providers 
     for purposes specified in subparagraphs (A), (B), and (C) of 
     such section 222(d)(4).
       (e) State and Local Requirements.--
       (1) In general.--No State or local government may adopt or 
     enforce any law, regulation, or other legal requirement 
     addressing the privacy of wireless location information that 
     is inconsistent with the rules prescribed by the Commission 
     under subsection (a).
       (2) Preemption.--Any law, regulation, or requirement 
     referred to in paragraph (1) that is in effect on the date of 
     the enactment of this Act shall be preempted and superseded 
     as of the effective date of the rules prescribed by the 
     Commission under subsection (a).
       (f) Definitions.--In this section:
       (1) Aggregate location information.--The term ``aggregate 
     location information'' means a collection of location data 
     relating to a group or category of customers from which 
     individual customer identities have been removed.
       (2) Customer.--The term ``customer'', in the case of the 
     provision of a location-based service or application with 
     respect to a device, means the person entering into the 
     contract or agreement with the provider of the location-based 
     service or application for provision of the location-based 
     service or application for the device.
                                 ______
                                 
      By Mr. BIDEN (for himself, Mr. Kohl, and Mr. Reed):
  S. 1165. A bill to prevent juvenile crime, promote accountability by 
and rehabilitation of juvenile crime, punish and deter violent gang 
crime, and for other purposes; to the Committee on the Judiciary.
  Mr. BIDEN. Mr. President, I rise today to introduce, along with 
Senator Kohl and Senator Reed, the Juvenile Crime Prevention and 
Control Act of 2001. This is a balanced bill that recognizes the need 
to get tough on juvenile crime and violence, attempts to break the 
dangerous link between kids and guns, and, most importantly, puts the 
Federal Government firmly behind the proposition that preventing 
juvenile violence is the most effective crime fighting measure any of 
us could craft.
  Before I discuss the specifics of the bill, let me give a brief 
overview of the current state of juvenile crime in America. Juvenile 
crime, like almost all other categories of crime, is down. Last 
December, the FBI released statistics that show the homicide arrest 
rate for juveniles down 68 percent from its 1993 peak. We are now 
experiencing the lowest rate of juvenile homicide arrests since 1966. 
Between 1994 and 1999, the arrest rate of juveniles for violent crimes, 
murder, rape, robbery, and aggravated assault, dropped 36 percent.
  These statistics have not eased public concern about the scope and 
nature of juvenile crime. One 1998 poll showed that 62 percent of those 
asked believed juvenile crime was increasing. A poll conducted in 1999 
revealed that 71 percent thought it likely that a shooting could occur 
in a school in their community. In the face of these popular 
perceptions, the Education Department reports that American children 
face a one in 2 million chance of being killed in their school.
  Why the disparity? There are several reasons, in my opinion. First, 
and probably most importantly, while arrests of juveniles are 
unquestionably down, juvenile crime is still too high. The incidence of 
the most common crime committed by juveniles, property offenses, 
changed little throughout the last two decades. The rate of juvenile 
violent crime arrests has not yet returned to its 1988 level.
  Second, and this cannot be understated, too many of our kids have 
access to guns, and those guns are finding their way into our Nation's 
schools at an alarming rate. A report released last year by the 
Education Department revealed that over 3,500 students were expelled in 
1998 and 1999 for bringing guns to school, that's an average of 88 kids 
per week. The juvenile arrest rate for weapons crimes fell 39 percent 
from 1993 to 1999, but it too has not yet returned to 1988's low point.
  Third, the American people understand that crime cannot stay down 
forever. I like to say that fighting crime is like mowing the grass, If 
you don't keep at it, it's going to come back up. We have good, 
demographic reasons to think this is particularly true in the case of 
juvenile crime. Today, there are approximately 39 million children 
younger than age 10. These kids, the children of the baby boom 
generation, stand on the edge of their teen years, the years when every 
reliable study reveals they are most at-risk of turning to drugs and 
crime.
  What does this mean for juvenile crime? Even if we do everything 
right, even if we fund programs that work, put incorrigible juveniles 
behind bars, crack down on gun crimes, the demographic inevitability of 
this so-called ``baby boomerang" means there is likely to be a 20 
percent increase in juvenile murders by 2005. Such a jump would 
increase the overall murder rate by 5 percent. Our challenge is to make 
sure that does not happen.
  We need to take another look at the Juvenile Justice and Delinquency 
Prevention Act of 1974. That Act expired on September 30, 1996, and, 
despite the good efforts of several Congresses, Members on both sides 
of the aisle, and the prior Administration, it has not been 
reauthorized. We should get that job done in the 107th Congress. The 
bill I introduce today includes provisions to reauthorize the Act, to 
fine tune some of its grant provisions, and to make some common sense 
changes to our firearms laws, changes that respect the rights of gun 
owners.
  My bill reauthorizes the Community Prevention Grant Program, commonly 
known as Title V. It funds this critical juvenile crime prevention 
initiative at $250,000,000 per year for the next six years and mandates 
that no State would receive less than $200,000 in annual prevention 
grants. These funding levels would more than double juvenile crime 
prevention funding, enough resources for localities to implement a 
comprehensive delinquency prevention strategy and then fund smart 
prevention programs that work. In Delaware, Title V funds have been 
used to sponsor programs to reduce school violence,

[[Page 12919]]

provide transition counseling to students returning to their local 
school from alternative school placement, reduce suspensions, 
expulsions, truancy, and teen pregnancy, and provide services to the 
children of incarcerated adult offenders. Prevention is the key to 
keeping our juvenile crime rate down, and we need to extend Title V to 
guarantee that these funds continue to flow to States and localities.
  The bill also reauthorizes the Formula Grant Program for the next six 
years at $200,000,000 per year. I have included provisions to expand 
the permissible uses of these funds so as to make clear that employment 
training, mental health treatment, and other effective programs that 
meet the needs of children and youth in the juvenile system could be 
funded. The bill reauthorizes gang prevention programs and emphasizes 
the disruption and prosecution of gangs. It extends the juvenile 
justice mentoring program, and adds a pilot program to encourage and 
develop mentoring initiatives that focus on entire families. The bill 
also includes funds for grants to States to upgrade and enhance their 
juvenile felony criminal record histories.
  My bill includes important provisions to continue the core 
protections for incarcerated youths that were included in the original 
Juvenile Justice and Delinquency Prevention Act of 1974. It continues 
the Act's function of protecting children from abuse and assault by 
adults in jails by prohibiting any contact between juveniles and adult 
inmates. The bill ensures that children are not detained in any jail or 
lockup for adults, except for very limited periods of time and under 
very limited circumstances. And it continues current law's requirement 
that States address the disproportionate number of minority children in 
confinement.
  The bill authorizes $500,000,000 per year over the next six years for 
the Juvenile Accountability Block Grant program. Funded for the past 
three fiscal years, this program has never been authorized. Its purpose 
is to strengthen State juvenile justice systems. States would receive 
funds as long as they implement or consider implementing graduated 
sanctions, though this condition can be met through a reporting 
requirement. The language I have included in my bill is drawn from H.R. 
863, a measure which is currently working its way through the other 
body. I am supportive of that measure, as it will provide much needed 
funds for States to hire additional prosecutors, juvenile court judges, 
probation officers, and court-appointed defenders and special 
advocates. In years past, my State has used these funds to establish a 
Serious Juvenile Offender program through the Delaware Division of 
Youth Rehabilitative Services, which provides an immediate secure 
placement of violent youth offenders who have violated the terms of 
their probation. Delaware has also used these funds to expand 
diversionary programs such as Teen Court and Drug Court, thus reducing 
the time between arrest and disposition of juvenile offenders, and to 
add psycho-forensic evaluators in the Delaware Office of the Public 
Defender to identify and address mental illness as a cause for 
delinquent conduct. This is a good program and it needs to be 
authorized.
  My bill also reauthorizes the Violent Crime Reduction Trust Fund. The 
Trust Fund, created in the 1994 Crime Bill, has been the key to our 
successful fight against crime over the past several years. 
Unfortunately, it expired in 2000. The Violent Crime Reduction Trust 
Fund was the vehicle for providing billions of dollars to State and 
local governments to implement a variety of law enforcement and crime-
fighting initiative, from the COPS program to the Violence Against 
Women Act to youth violence programs. Without the Trust Fund, I fear we 
may not have the resources necessary to continue our struggle to keep 
our streets safe. I am pleased to include provisions in this bill that 
will extend the Fund through fiscal year 2007.
  Finally, the bill I am introducing today includes several common 
sense gun safety provisions. First, it incorporates Senator Reed's Gun 
Show Background Check Act. This language will ensure that criminals 
cannot purchase guns at gun shows, and I applaud Senator Reed for his 
leadership in this area. Second, I have included Senator Kohl's Child 
Safety Lock Act. This moderate provision would require handguns to be 
sold with government-certified trigger locks. Studies indicate trigger 
locks save lives; I was pleased to see the Administration's endorsement 
of this idea in its budget request for the upcoming fiscal year; and I 
thank Senator Kohl for including his bill in this larger measure today. 
Third, the bill would extend the Brady Law to dangerous juvenile 
offenders. This provision would make it unlawful for any person 
adjudicated a juvenile delinquent for serious drug offenses or violent 
felonies to possess firearms. This is an important step toward getting 
guns out of the hands of criminals, and its enactment will prevent 
violent juveniles from accessing weapons and thus make it difficult for 
them to commit gun crimes as adults.
  This is not a perfect bill, and I am not wedded to each and every 
line. I welcome comments from my colleagues, the juvenile justice 
community, and anyone interested in preventing and controlling juvenile 
crime. I am committed, however, to renewing our efforts to keep our 
children and our communities safe from crime and violence. I am 
committed to protecting our kids through meaningful prevention and 
intervention programs, to cracking down on drugs and the violence that 
accompanies them, and to ensuring that meaningful, appropriate and 
swift punishment is imposed on all juvenile offenders. I believe the 
Juvenile Crime Prevention and Control Act that I introduce today is an 
important step toward accomplishing these goals.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1165

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Juvenile 
     Crime Prevention and Control Act of 2001''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.

             TITLE I--JUVENILE CRIME PREVENTION AND CONTROL

Sec. 101. Findings; declaration of purpose; definitions.
Sec. 102. Juvenile crime control and prevention.
Sec. 103. Juvenile offender accountability.
Sec. 104. Extension of violent crime reduction trust fund.

              TITLE II--PROTECTING CHILDREN FROM VIOLENCE

                 Subtitle A--Gun Show Background Checks

Sec. 201. Short title.
Sec. 202. Findings.
Sec. 203. Extension of brady background checks to gun shows.

          Subtitle B--Gun Ban for Dangerous Juvenile Offenders

Sec. 211. Permanent prohibition on firearms transfers to or possession 
              by dangerous juvenile offenders.

                     Subtitle C--Child Safety Locks

Sec. 221. Short title.
Sec. 222. Requirement of child handgun safety locks.
Sec. 223. Amendment of consumer product safety act.

             TITLE I--JUVENILE CRIME PREVENTION AND CONTROL

     SEC. 101. FINDINGS; DECLARATION OF PURPOSE; DEFINITIONS.

       Title I of the Juvenile Justice and Delinquency Prevention 
     Act of 1974 (42 U.S.C. 5601 et seq.) is amended to read as 
     follows:

             ``TITLE I--FINDINGS AND DECLARATION OF PURPOSE

     ``SEC. 101. FINDINGS.

       ``Congress finds that--
       ``(1) the juvenile crime problem should be addressed 
     through a 2-track common sense approach that addresses the 
     needs of individual juveniles and society at large by 
     promoting--
       ``(A) quality prevention programs that--
       ``(i) work with juveniles, their families, local public 
     agencies, and community-based organizations, and take into 
     consideration such factors as whether juveniles have ever 
     been the victims of family violence (including child abuse 
     and neglect); and
       ``(ii) are designed to reduce risks and develop 
     competencies in at-risk juveniles that will prevent, and 
     reduce the rate of, violent delinquent behavior; and

[[Page 12920]]

       ``(B) programs that assist in holding juveniles accountable 
     for their actions, including a system of graduated sanctions 
     to respond to each delinquent act, requiring juveniles to 
     make restitution, or perform community service, for the 
     damage caused by their delinquent acts, and methods for 
     increasing victim satisfaction with respect to the penalties 
     imposed on juveniles for their acts; and
       ``(2) action is required now to reform the Federal juvenile 
     justice program by focusing on juvenile delinquency 
     prevention programs, as well as programs that hold juveniles 
     accountable for their acts.

     ``SEC. 102. PURPOSES.

       ``The purposes of this Act are--
       ``(1) to support State and local programs that prevent 
     juvenile involvement in delinquent behavior;
       ``(2) to assist State and local governments in promoting 
     public safety by encouraging accountability for acts of 
     juvenile delinquency; and
       ``(3) to assist State and local governments in addressing 
     juvenile crime through the provision of technical assistance, 
     research, training, evaluation, and the dissemination of 
     information on effective programs for combating juvenile 
     delinquency.

     ``SEC. 103. DEFINITIONS.

       ``In this Act:
       ``(1) Administrator.--The term `Administrator' means the 
     Administrator of the Office of Juvenile Crime Control and 
     Prevention, appointed in accordance with section 201.
       ``(2) Adult inmate.--The term `adult inmate' means an 
     individual who--
       ``(A) has reached the age of full criminal responsibility 
     under applicable State law; and
       ``(B) has been arrested and is in custody for, awaiting 
     trial on, or convicted of criminal charges.
       ``(3) Bureau of justice assistance.--The term `Bureau of 
     Justice Assistance' means the bureau established by section 
     401 of title I of the Omnibus Crime Control and Safe Streets 
     Act of 1968 (42 U.S.C. 3741).
       ``(4) Bureau of justice statistics.--The term `Bureau of 
     Justice Statistics' means the bureau established by section 
     302(a) of title I of the Omnibus Crime Control and Safe 
     Streets Act of 1968 (42 U.S.C. 3732(a)).
       ``(5) Collocated facilities.--The term `collocated 
     facilities' means facilities that are located in the same 
     building, or are part of a related complex of buildings 
     located on the same grounds.
       ``(6) Combination.--The term `combination' as applied to 
     States or units of local government means any grouping or 
     joining together of States or units of local government for 
     the purpose of preparing, developing, or implementing a 
     juvenile crime control and delinquency prevention plan.
       ``(7) Community-based.--The term `community-based' 
     facility, program, or service means a small, open group home 
     or other suitable place located near the home or family of 
     the juvenile and programs of community supervision and 
     service that maintain community and consumer participation in 
     the planning, operation, and evaluation of those programs 
     which may include, medical, educational, vocational, social, 
     and psychological guidance, training, special education, 
     counseling, alcoholism treatment, drug treatment, and other 
     rehabilitative services.
       ``(8) Comprehensive and coordinated system of services.--
     The term `comprehensive and coordinated system of services' 
     means a system that--
       ``(A) ensures that services and funding for the prevention 
     and treatment of juvenile delinquency are consistent with 
     policy goals of preserving families and providing appropriate 
     services in the least restrictive environment so as to 
     simultaneously protect juveniles and maintain public safety;
       ``(B) identifies, and intervenes early for the benefit of, 
     young children who are at risk of developing emotional or 
     behavioral problems because of physical or mental stress or 
     abuse, and for the benefit of their families;
       ``(C) increases interagency collaboration and family 
     involvement in the prevention and treatment of juvenile 
     delinquency; and
       ``(D) encourages private and public partnerships in the 
     delivery of services for the prevention and treatment of 
     juvenile delinquency.
       ``(9) Construction.--The term `construction' means erection 
     of new buildings or acquisition, expansion, remodeling, and 
     alteration of existing buildings, and initial equipment of 
     any such buildings, or any combination of such activities 
     (including architects' fees but not the cost of acquisition 
     of land for buildings).
       ``(10) Federal juvenile crime control, prevention, and 
     juvenile offender accountability program.--The term `Federal 
     juvenile crime control, prevention, and juvenile offender 
     accountability program' means any Federal program a primary 
     objective of which is the prevention of juvenile crime or 
     reduction of the incidence of arrest, the commission of 
     criminal acts or acts of delinquency, violence, the use of 
     alcohol or illegal drugs, or the involvement in gangs among 
     juveniles.
       ``(11) Gender-specific services.--The term `gender-specific 
     services' means services designed to address needs unique to 
     the gender of the individual to whom such services are 
     provided.
       ``(12) Graduated sanctions.--The term `graduated sanctions' 
     means an accountability-based juvenile justice system that 
     protects the public, and holds juvenile delinquents 
     accountable for acts of delinquency by providing substantial 
     and appropriate sanctions that are graduated in such a manner 
     as to reflect (for each act of delinquency or offense) the 
     severity or repeated nature of that act or offense, and in 
     which there is sufficient flexibility to allow for 
     individualized sanctions and services suited to the 
     individual juvenile offender.
       ``(13) Home-based alternative services.--The term `home-
     based alternative services' means services provided to a 
     juvenile in the home of the juvenile as an alternative to 
     incarcerating the juvenile, and includes home detention.
       ``(14) Indian tribe.--The term `Indian tribe' means any 
     Indian tribe, band, nation, or other organized group or 
     community, including any Alaska Native village or regional or 
     village corporation as defined in or established pursuant to 
     the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et 
     seq.), that is recognized as eligible for the special 
     programs and services provided by the United States to 
     Indians because of their status as Indians.
       ``(15) Juvenile.--The term `juvenile' means a person who 
     has not attained the age of 18 years and who is subject to 
     delinquency proceedings under applicable State law.
       ``(16) Juvenile population.--The term `juvenile population' 
     means the population of a State under 18 years of age.
       ``(17) Jail or lockup for adults.--The term `jail or lockup 
     for adults' means a locked facility that is used by a State, 
     unit of local government, or any law enforcement authority to 
     detain or confine adults--
       ``(A) pending the filing of a charge of violating a 
     criminal law;
       ``(B) who are awaiting trial on a criminal charge; or
       ``(C) who are convicted of violating a criminal law.
       ``(18) Juvenile delinquency program.--The term `juvenile 
     delinquency program' means any program or activity related to 
     juvenile delinquency prevention, control, diversion, 
     treatment, rehabilitation, planning, education, training, and 
     research, including--
       ``(A) drug and alcohol abuse programs;
       ``(B) any program or activity that is designed to improve 
     the juvenile justice system; and
       ``(C) any program or activity that is designed to reduce 
     known risk factors for juvenile delinquent behavior, by 
     providing activities that build on protective factors for, 
     and develop competencies in, juveniles to prevent and reduce 
     the rate of juvenile delinquent behavior.
       ``(19) Law enforcement and criminal justice.--The term `law 
     enforcement and criminal justice' means any activity 
     pertaining to crime prevention, control, or reduction or the 
     enforcement of the criminal law, including police efforts to 
     prevent, control, or reduce crime or to apprehend criminals, 
     activities of courts having criminal jurisdiction and related 
     agencies (including prosecutorial and defender services), 
     activities of corrections, probation, or parole authorities, 
     and programs relating to the prevention, control, or 
     reduction of juvenile delinquency or narcotic addiction.
       ``(20) National institute of justice.--The term `National 
     Institute of Justice' means the institute established by 
     section 201 of title I of the Omnibus Crime Control and Safe 
     Streets Act of 1968 (42 U.S.C. 3721).
       ``(21) Nonprofit organization.--The term `nonprofit 
     organization' means an organization described in section 
     501(c)(3) of the Internal Revenue Code of 1986 that is exempt 
     from taxation under section 501(a) of the Internal Revenue 
     Code of 1986.
       ``(22) Office.--The term `Office' means the Office of 
     Juvenile Crime Control and Prevention established under 
     section 201.
       ``(23) Office of justice programs.--The term `Office of 
     Justice Programs' means the office established by section 101 
     of title I of the Omnibus Crime Control and Safe Streets Act 
     of 1968 (42 U.S.C. 3711).
       ``(24) Outcome objective.--The term `outcome objective' 
     means an objective that relates to the impact of a program or 
     initiative, that measures the reduction of high risk 
     behaviors, such as incidence of arrest, the commission of 
     criminal acts or acts of delinquency, failure in school, 
     violence, the use of alcohol or illegal drugs, involvement in 
     youth gangs, violent and unlawful acts of animal cruelty, and 
     teenage pregnancy, among youth in the community.
       ``(25) Process objective.--The term `process objective' 
     means an objective that relates to the manner in which a 
     program or initiative is carried out, including--
       ``(A) an objective relating to the degree to which the 
     program or initiative is reaching the target population; and
       ``(B) an objective relating to the degree to which the 
     program or initiative addresses known risk factors for youth 
     problem behaviors and incorporates activities that inhibit 
     the behaviors and that build on protective factors for youth.
       ``(26) Prohibited physical contact.--The term `prohibited 
     physical contact' means--

[[Page 12921]]

       ``(A) any physical contact between a juvenile and an adult 
     inmate; and
       ``(B) proximity that provides an opportunity for physical 
     contact between a juvenile and an adult inmate.
       ``(27) Related complex of buildings.--The term `related 
     complex of buildings' means 2 or more buildings that share--
       ``(A) physical features, such as walls and fences, or 
     services beyond mechanical services (heating, air 
     conditioning, water and sewer); or
       ``(B) the specialized services that are allowable under 
     section 31.303(e)(3)(i)(C)(3) of title 28, Code of Federal 
     Regulations, as in effect on December 10, 1996.
       ``(28) Secure correctional facility.--The term `secure 
     correctional facility' means any public or private 
     residential facility that--
       ``(A) includes construction fixtures designed to physically 
     restrict the movements and activities of juveniles or other 
     individuals held in lawful custody in such facility; and
       ``(B) is used for the placement, after adjudication and 
     disposition, of any juvenile who has been adjudicated as 
     having committed an offense or any other individual convicted 
     of a criminal offense.
       ``(29) Secure detention facility.--The term `secure 
     detention facility' means any public or private residential 
     facility that--
       ``(A) includes construction fixtures designed to physically 
     restrict the movements and activities of juveniles or other 
     individuals held in lawful custody in such facility; and
       ``(B) is used for the temporary placement of any juvenile 
     who is accused of having committed an offense or of any other 
     individual accused of having committed a criminal offense.
       ``(30) Serious crime.--The term `serious crime' means 
     criminal homicide, rape or other sex offenses punishable as a 
     felony, mayhem, kidnapping, aggravated assault, drug 
     trafficking, robbery, larceny or theft punishable as a 
     felony, motor vehicle theft, burglary or breaking and 
     entering, extortion accompanied by threats of violence, and 
     arson punishable as a felony.
       ``(31) State.--The term `State' means each of the several 
     States of the United States, the District of Columbia, the 
     Commonwealth of Puerto Rico, the Virgin Islands, Guam, 
     American Samoa, and the Commonwealth of the Northern Mariana 
     Islands.
       ``(32) State office.--The term `State office' means an 
     office designated by the chief executive officer of a State 
     to carry out this title, as provided in section 507 of the 
     Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
     3757).
       ``(33) Sustained oral and visual contact.--The term 
     `sustained oral and visual contact' means the imparting or 
     interchange of speech by or between an adult inmate and a 
     juvenile, or clear visual contact between an adult inmate and 
     a juvenile in close proximity.
       ``(34) Treatment.--The term `treatment' includes medical 
     and other rehabilitative services designed to protect the 
     public, including any services designed to benefit addicts 
     and other users by--
       ``(A) eliminating their dependence on alcohol or other 
     addictive or nonaddictive drugs; or
       ``(B) controlling or reducing their dependence and 
     susceptibility to addiction or use.
       ``(35) Unit of local government.--The term `unit of local 
     government' means--
       ``(A) any city, county, township, town, borough, parish, 
     village, or other general purpose political subdivision of a 
     State;
       ``(B) any law enforcement district or judicial enforcement 
     district that--
       ``(i) is established under applicable State law; and
       ``(ii) has the authority to, in a manner independent of 
     other State entities, establish a budget and raise revenues;
       ``(C) an Indian tribe that performs law enforcement 
     functions, as determined by the Secretary of the Interior; or
       ``(D) for the purposes of assistance eligibility, any 
     agency of the government of the District of Columbia or the 
     Federal Government that performs law enforcement functions in 
     and for--
       ``(i) the District of Columbia; or
       ``(ii) any Trust Territory of the United States.
       ``(36) Valid court order.--The term `valid court order' 
     means a court order given by a juvenile court judge to a 
     juvenile--
       ``(A) who was brought before the court and made subject to 
     the order; and
       ``(B) who received, before the issuance of the order, the 
     full due process rights guaranteed to that juvenile by the 
     Constitution of the United States.
       ``(37) Violent crime.--The term `violent crime' means--
       ``(A) murder or nonnegligent manslaughter, forcible rape, 
     or robbery; and
       ``(B) aggravated assault committed with the use of a 
     firearm.
       ``(38) Youth.--The term `youth' means an individual who is 
     not less than 6 years of age and not more than 17 years of 
     age.''.

     SEC. 102. JUVENILE CRIME CONTROL AND PREVENTION.

       (a) In General.--Title II of the Juvenile Justice and 
     Delinquency Prevention Act of 1974 (42 U.S.C. 5611 et seq.) 
     is amended to read as follows:

           ``TITLE II--JUVENILE CRIME PREVENTION AND CONTROL

       ``PART A--OFFICE OF JUVENILE CRIME CONTROL AND PREVENTION

     ``SEC. 201. ESTABLISHMENT OF OFFICE.

       ``(a) In General.--There is established in the Department 
     of Justice, under the general authority of the Attorney 
     General, an Office of Juvenile Crime Control and Prevention.
       ``(b) Administrator.--
       ``(1) In general.--The Office shall be headed by an 
     Administrator, who shall be appointed by the President, by 
     and with the advice and consent of the Senate, from among 
     individuals who have had experience in juvenile delinquency 
     prevention and crime control programs.
       ``(2) Regulations.--The Administrator may prescribe 
     regulations consistent with this Act to award, administer, 
     modify, extend, terminate, monitor, evaluate, reject, or deny 
     all grants and contracts from, and applications for, amounts 
     made available under this title.
       ``(3) Relationship to attorney general.--The Administrator 
     shall have the same reporting relationship with the Attorney 
     General as the directors of other offices and bureaus within 
     the Office of Justice Programs have with the Attorney 
     General.
       ``(c) Deputy Administrator.--There shall be in the Office a 
     Deputy Administrator, who shall--
       ``(1) be appointed by the Attorney General; and
       ``(2) perform such functions as the Administrator may 
     assign or delegate and shall act as the Administrator during 
     the absence or disability of the Administrator.
       ``(d) Associate Administrator.--
       ``(1) In general.--There shall be in the Office an 
     Associate Administrator, who shall be appointed by the 
     Administrator, and whose position shall be treated as a 
     career reserved position within the meaning of section 3132 
     of title 5, United States Code.
       ``(2) Duties.--The duties of the Associate Administrator 
     shall include informing Congress, other Federal agencies, 
     outside organizations, and State and local government 
     officials about activities carried out by the Office.
       ``(e) Delegation and Assignment.--
       ``(1) In general.--Except as otherwise expressly prohibited 
     by law or otherwise provided by this title, the Administrator 
     may--
       ``(A) delegate any of the functions of the Administrator, 
     and any function transferred or granted to the Administrator 
     after the date of enactment of the Juvenile Crime Prevention 
     and Control Act of 2001, to such officers and employees of 
     the Office as the Administrator may designate; and
       ``(B) authorize successive redelegations of such functions 
     as may be necessary or appropriate.
       ``(2) Responsibility.--No delegation of functions by the 
     Administrator under this subsection or under any other 
     provision of this title shall relieve the Administrator of 
     responsibility for the administration of such functions.
       ``(f) Reorganization.--The Administrator may allocate or 
     reallocate any function transferred among the officers of the 
     Office, and establish, consolidate, alter, or discontinue 
     such organizational entities in that Office as may be 
     necessary or appropriate.

     ``SEC. 202. PERSONNEL, SPECIAL PERSONNEL, EXPERTS, AND 
                   CONSULTANTS.

       ``(a) In General.--The Administrator may select, employ, 
     and fix the compensation of officers and employees, including 
     attorneys, who are necessary to perform the functions vested 
     in the Administrator and to prescribe the functions of those 
     officers and employees.
       ``(b) Officers.--The Administrator may select, appoint, and 
     employ not to exceed 4 officers and to fix the compensation 
     of those officers at rates not to exceed the maximum rate 
     payable under section 5376 of title 5, United States Code.
       ``(c) Detail of Federal Personnel.--Upon the request of the 
     Administrator, the head of any Federal agency may detail, on 
     a reimbursable basis, any of its personnel to the 
     Administrator to assist the Administrator in carrying out the 
     functions of the Administrator under this title.
       ``(d) Services.--The Administrator may obtain services as 
     authorized by section 3109 of title 5, United States Code, at 
     rates not to exceed the rate now or hereafter payable under 
     section 5376 of title 5, United States Code.

     ``SEC. 203. NATIONAL PROGRAM.

       ``(a) National Juvenile Crime Control, Prevention, and 
     Juvenile Offender Accountability Plan.--
       ``(1) In general.--Subject to the general authority of the 
     Attorney General, the Administrator shall develop objectives, 
     priorities, and short- and long-term plans, and shall 
     implement overall policy and a strategy to carry out those 
     plans, for all Federal juvenile crime control, prevention, 
     and juvenile offender accountability programs and activities 
     relating to improving juvenile crime control, the 
     rehabilitation of juvenile offenders, the prevention of 
     juvenile crime, and the enhancement of accountability by 
     offenders within the juvenile justice system in the United 
     States.
       ``(2) Contents of plans.--
       ``(A) In general.--Each plan described in paragraph (1) 
     shall--

[[Page 12922]]

       ``(i) contain specific, measurable goals and criteria for 
     reducing the incidence of crime and delinquency among 
     juveniles, improving juvenile crime control, and ensuring 
     accountability by offenders within the juvenile justice 
     system in the United States, and shall include criteria for 
     any discretionary grants and contracts, for conducting 
     research, and for carrying out other activities under this 
     title;
       ``(ii) provide for coordinating the administration of 
     programs and activities under this title with the 
     administration of all other Federal juvenile crime control, 
     prevention, and juvenile offender accountability programs and 
     activities, including proposals for joint funding to be 
     coordinated by the Administrator;
       ``(iii) provide a detailed summary and analysis of the most 
     recent data available regarding the number of juveniles taken 
     into custody, the rate at which juveniles are taken into 
     custody, the time served by juveniles in custody, and the 
     trends demonstrated by such data;
       ``(iv) provide a description of the activities for which 
     amounts are expended under this title;
       ``(v) provide specific information relating to the 
     attainment of goals set forth in the plan, including 
     specific, measurable standards for assessing progress toward 
     national juvenile crime reduction and juvenile offender 
     accountability goals; and
       ``(vi) provide for the coordination of Federal, State, and 
     local initiatives for the reduction of youth crime, 
     preventing delinquency, and ensuring accountability for 
     juvenile offenders.
       ``(B) Summary and analysis.--Each summary and analysis 
     under subparagraph (A)(iii) shall set out the information 
     required by clauses (i), (ii), and (iii) of this subparagraph 
     separately for juvenile nonoffenders, juvenile status 
     offenders, and other juvenile offenders, and shall separately 
     address with respect to each category of juveniles 
     specified--
       ``(i) the types of offenses with which the juveniles are 
     charged;
       ``(ii) the ages of the juveniles;
       ``(iii) the types of facilities used to hold the juveniles 
     (including juveniles treated as adults for purposes of 
     prosecution) in custody, including secure detention 
     facilities, secure correctional facilities, jails, and 
     lockups;
       ``(iv) the length of time served by juveniles in custody; 
     and
       ``(v) the number of juveniles who died or who suffered 
     serious bodily injury while in custody and the circumstances 
     under which each juvenile died or suffered that injury.
       ``(C) Definition of serious bodily injury.--In this 
     paragraph, the term `serious bodily injury' means bodily 
     injury involving extreme physical pain or the impairment of a 
     function of a bodily member, organ, or mental faculty that 
     requires medical intervention such as surgery, 
     hospitalization, or physical rehabilitation.
       ``(3) Annual review.--The Administrator shall annually--
       ``(A) review each plan submitted under this subsection;
       ``(B) revise the plans, as the Administrator considers 
     appropriate; and
       ``(C) not later than March 1 of each year, present the 
     plans to the Committee on the Judiciary of the Senate and the 
     Committee on Education and the Workforce of the House of 
     Representatives.
       ``(b) Duties of Administrator.--In carrying out this title, 
     the Administrator shall--
       ``(1) advise the President through the Attorney General as 
     to all matters relating to federally assisted juvenile crime 
     control, prevention, and juvenile offender accountability 
     programs, and Federal policies regarding juvenile crime and 
     justice, including policies relating to juveniles prosecuted 
     or adjudicated in the Federal courts;
       ``(2) implement and coordinate Federal juvenile crime 
     control, prevention, and juvenile offender accountability 
     programs and activities among Federal departments and 
     agencies and between such programs and activities and other 
     Federal programs and activities that the Administrator 
     determines may have an important bearing on the success of 
     the entire national juvenile crime control, prevention, and 
     juvenile offender accountability effort including, in 
     consultation with the Director of the Office of Management 
     and Budget listing annually those programs to be considered 
     Federal juvenile crime control, prevention, and juvenile 
     accountability programs for the following fiscal year;
       ``(3) serve as a single point of contact for States, units 
     of local government, and private entities for purposes of 
     providing information relating to Federal juvenile 
     delinquency programs or for referral to other agencies or 
     departments that operate such programs;
       ``(4) provide for the auditing of grants provided pursuant 
     to this title;
       ``(5) collect, prepare, and disseminate useful data 
     regarding the prevention, correction, and control of juvenile 
     crime and delinquency, and issue, not less than once each 
     calendar year, a report on successful programs and juvenile 
     crime reduction methods utilized by States, localities, and 
     private entities;
       ``(6) ensure the performance of comprehensive rigorous 
     independent scientific evaluations, each of which shall--
       ``(A) be independent in nature, and shall employ rigorous 
     and scientifically valid standards and methodologies; and
       ``(B) include measures of outcome and process objectives, 
     such as reductions in juvenile crime, youth gang activity, 
     youth substance abuse, and other high risk factors, as well 
     as increases in protective factors that reduce the likelihood 
     of delinquency and criminal behavior;
       ``(7) consult with appropriate authorities in the States 
     and with appropriate private entities regarding the 
     development, review, and revision of the plans required by 
     subsection (a) and the development of policies relating to 
     juveniles prosecuted or adjudicated in the Federal courts;
       ``(8) provide technical assistance to the States, units of 
     local government, and private entities in implementing 
     programs funded by grants under this title;
       ``(9) provide technical and financial assistance to an 
     organization composed of member representatives of the State 
     advisory groups appointed under section 222(b)(2) to carry 
     out activities under this paragraph, if that organization 
     agrees to carry out activities that include--
       ``(A) conducting an annual conference of the member 
     representatives for purposes relating to the activities of 
     the State advisory groups;
       ``(B) disseminating information, data, standards, advanced 
     techniques, and programs models developed through the 
     Institute and through programs funded under section 241; and
       ``(C) advising the Administrator with respect to particular 
     functions or aspects of the work of the Office; and
       ``(10) provide technical and financial assistance to an 
     eligible organization composed of member representatives of 
     the State advisory groups appointed under section 222(b)(2) 
     to assist that eligible organization in--
       ``(A) conducting an annual conference of member 
     representatives of the State advisory groups for purposes 
     relating to the activities of those groups; and
       ``(B) disseminating information, data, standards, advanced 
     techniques, and program models developed through the 
     Institute and through programs funded under section 241.
       ``(c) Utilization of Services and Facilities of Other 
     Agencies; Reimbursement.--The Administrator, through the 
     general authority of the Attorney General, may utilize the 
     services and facilities of any agency of the Federal 
     Government and of any other public agency or institution in 
     accordance with appropriate agreements, and to pay for such 
     services either in advance or by way of reimbursement as may 
     be agreed upon.
       ``(d) Coordination of Functions of Administrator and 
     Secretary of Health and Human Services.--All functions of the 
     Administrator shall be coordinated as appropriate with the 
     functions of the Secretary of Health and Human Services under 
     title III.
       ``(e) Annual Juvenile Delinquency Development Statements.--
       ``(1) In general.--Each Federal agency that administers a 
     Federal juvenile crime control, prevention, and juvenile 
     offender accountability program shall annually submit to the 
     Administrator a juvenile crime control, prevention, and 
     juvenile offender accountability development statement.
       ``(2) Contents.--Each development statement submitted under 
     paragraph (1) shall contain such information, data, and 
     analyses as the Administrator may require and shall include 
     an analysis of the extent to which the program of the Federal 
     agency submitting such development statement conforms with 
     and furthers Federal juvenile crime control, prevention, and 
     juvenile offender accountability, prevention, and treatment 
     goals and policies.
       ``(3) Review and comment.--
       ``(A) In general.--The Administrator shall review and 
     comment upon each juvenile crime control, prevention, and 
     juvenile offender accountability development statement 
     transmitted to the Administrator under paragraph (1).
       ``(B) Inclusion in other documentation.--The development 
     statement transmitted under paragraph (1), together with the 
     comments of the Administrator under subparagraph (A), shall 
     be--
       ``(i) included by the Federal agency involved in every 
     recommendation or request made by such agency for Federal 
     legislation that significantly affects juvenile crime 
     control, prevention, and juvenile offender accountability; 
     and
       ``(ii) made available for promulgation to and use by State 
     and local government officials, and by nonprofit 
     organizations involved in delinquency prevention programs.
       ``(f) Joint Funding.--Notwithstanding any other provision 
     of law, if funds are made available by more than 1 Federal 
     agency to be used by any agency, organization, institution, 
     or individual to carry out a Federal juvenile crime control, 
     prevention, or juvenile offender accountability program or 
     activity--
       ``(1) any 1 of the Federal agencies providing funds may be 
     requested by the Administrator to act for all in 
     administering the funds advanced; and

[[Page 12923]]

       ``(2) a single non-Federal share requirement may be 
     established according to the proportion of funds advanced by 
     each Federal agency, and the Administrator may order any such 
     Federal agency to waive any technical grant or contract 
     requirement (as defined in those regulations) that is 
     inconsistent with the similar requirement of the 
     administering agency or that the administering agency does 
     not impose.

     ``SEC. 204. COMMUNITY PREVENTION GRANT PROGRAM.

       ``(a) Purposes.--The Administrator may make grants to a 
     State, to be transmitted through the State advisory group to 
     units of local government that meet the requirements of 
     subsection (b), for delinquency prevention programs and 
     activities for youth who have had contact with the juvenile 
     justice system or who are likely to have contact with the 
     juvenile justice system, including the provision to children, 
     youth, and families of--
       ``(1) recreation services;
       ``(2) tutoring and remedial education;
       ``(3) assistance in the development of work awareness 
     skills;
       ``(4) child and adolescent health and mental health 
     services;
       ``(5) alcohol and substance abuse prevention services;
       ``(6) leadership development activities; and
       ``(7) the teaching that people are and should be held 
     accountable for their actions.
       ``(b) Eligibility.--The requirements of this subsection are 
     met with respect to a unit of general local government if--
       ``(1) the unit is in compliance with the requirements of 
     part B of title II;
       ``(2) the unit has submitted to the State advisory group a 
     3-year plan outlining the local front end plans of the unit 
     for investment for delinquency prevention and early 
     intervention activities;
       ``(3) the unit has included in its application to the 
     Administrator for formula grant funds a summary of the 3-year 
     plan described in paragraph (2);
       ``(4) pursuant to its 3-year plan, the unit has appointed a 
     local policy board of no fewer than 15 and no more than 21 
     members with balanced representation of public agencies and 
     private, nonprofit organizations serving children, youth, and 
     families and business and industry;
       ``(5) the unit has, in order to aid in the prevention of 
     delinquency, included in its application a plan for the 
     coordination of services to at-risk youth and their families, 
     including such programs as nutrition, energy assistance, and 
     housing;
       ``(6) the local policy board is empowered to make all 
     recommendations for distribution of funds and evaluation of 
     activities funded under this title; and
       ``(7) the unit or State has agreed to provide a 50 percent 
     match of the amount of the grant, including the value of in-
     kind contributions, to fund the activity.
       ``(c) Priority.--In considering grant application under 
     this section, the Administrator shall give priority to 
     applicants that demonstrate ability in--
       ``(1) plans for service and agency coordination and 
     collaboration including the collocation of services;
       ``(2) innovative ways to involve the private nonprofit and 
     business sector in delinquency prevention activities; and
       ``(3) developing or enhancing a statewide subsidy program 
     to local governments that is dedicated to early intervention 
     and delinquency prevention.

     ``SEC. 205. GRANTS TO INDIAN TRIBES.

       ``(a) In General.--From the amount reserved under section 
     206(b) in each fiscal year, the Administrator shall make 
     grants to Indian tribes for programs pursuant to the 
     permissible purposes under section 204 and part B of this 
     title.
       ``(b) Applications.--
       ``(1) In general.--To be eligible to receive a grant under 
     this section, an Indian tribe shall submit to the 
     Administrator an application in such form and containing such 
     information as the Administrator may by regulation require.
       ``(2) Plans.--Each application submitted under paragraph 
     (1) shall include a plan for conducting projects described in 
     section 204(a), which plan shall--
       ``(A) provide evidence that the Indian tribe performs law 
     enforcement functions (as determined by the Secretary of the 
     Interior);
       ``(B) identify the juvenile justice and delinquency 
     problems and juvenile delinquency prevention needs to be 
     addressed by activities conducted by the Indian tribe in the 
     area under the jurisdiction of the Indian tribe with 
     assistance provided by the grant;
       ``(C) provide for fiscal control and accounting procedures 
     that--
       ``(i) are necessary to ensure the prudent use, proper 
     disbursement, and accounting of funds received under this 
     section; and
       ``(ii) are consistent with the requirements of subparagraph 
     (B);
       ``(D) comply with the requirements of section 222(a) 
     (except that such subsection relates to consultation with a 
     State advisory group) and with the requirements of section 
     222(c); and
       ``(E) contain such other information, and be subject to 
     such additional requirements, as the Administrator may 
     reasonably prescribe to ensure the effectiveness of the grant 
     program under this section.
       ``(c) Factors for Consideration.--In awarding grants under 
     this section, the Administrator shall consider--
       ``(1) the resources that are available to each applicant 
     that will assist, and be coordinated with, the overall 
     juvenile justice system of the Indian tribe; and
       ``(2) for each Indian tribe that receives assistance under 
     such a grant--
       ``(A) the relative juvenile population; and
       ``(B) who will be served by the assistance provided by the 
     grant.
       ``(d) Grant Awards.--
       ``(1) In general.--
       ``(A) Competitive awards.--Except as provided in paragraph 
     (2), the Administrator shall--
       ``(i) annually award grants under this section on a 
     competitive basis; and
       ``(ii) enter into a grant agreement with each grant 
     recipient under this section that specifies the terms and 
     conditions of the grant.
       ``(B) Period of grant.--The period of each grant awarded 
     under this section shall be 2 years.
       ``(2) Exception.--In any case in which the Administrator 
     determines that a grant recipient under this section has 
     performed satisfactorily during the preceding year in 
     accordance with an applicable grant agreement, the 
     Administrator may--
       ``(A) waive the requirement that the recipient be subject 
     to the competitive award process described in paragraph 
     (1)(A); and
       ``(B) renew the grant for an additional grant period (as 
     specified in paragraph (1)(B)).
       ``(3) Modifications of processes.--The Administrator may 
     prescribe requirements to provide for appropriate 
     modifications to the plan preparation and application process 
     specified in subsection (b) for an application for a renewal 
     grant under paragraph (2)(B).
       ``(e) Reporting Requirement.--Each Indian tribe that 
     receives a grant under this section shall be subject to the 
     fiscal accountability provisions of section 5(f)(1) of the 
     Indian Self-Determination and Education Assistance Act (25 
     U.S.C. 450c(f)(1)), relating to the submission of a single-
     agency audit report required by chapter 75 of title 31, 
     United States Code.
       ``(f) Matching Requirement.--Funds appropriated by Congress 
     for the activities of any agency of an Indian tribal 
     government or the Bureau of Indian Affairs performing law 
     enforcement functions on any Indian lands may be used to 
     provide the non-Federal share of any program or project with 
     a matching requirement funded under this section.
       ``(g) Technical Assistance.--From the amount reserved under 
     section 206(b) in each fiscal year, the Administrator may 
     reserve 1 percent for the purpose of providing technical 
     assistance to recipients of grants under this section.

     ``SEC. 206. ALLOCATION OF GRANTS.

       ``(a) In General.--Subject to subsections (b), (c), and 
     (d), the amount allocated under section 261 to carry out 
     section 204 in each fiscal year shall be allocated to the 
     States as follows:
       ``(1) The amount allocated to any State shall not be less 
     than $200,000.
       ``(2) Not less than 75 percent of the funds made available 
     under Part A of this title shall be used to carry out section 
     205.
       ``(b) Reservation of Funds.--Notwithstanding any other 
     provision of law, from the amounts allocated under section 
     261 to carry out section 204 and part B in each fiscal year 
     the Administrator shall reserve an amount equal to the amount 
     which all Indian tribes that qualify for a grant under 
     section 205 would collectively be entitled, if such tribes 
     were collectively treated as a State for purposes of 
     subsection (a).
       ``(c) Exception.--The amount allocated to the Virgin 
     Islands of the United States, Guam, American Samoa, the Trust 
     Territory of the Pacific Islands, and the Commonwealth of the 
     Northern Mariana Islands shall be not less than $75,000 and 
     not more than $100,000.
       ``(d) Administrative Costs.--A State, unit of local 
     government, or eligible unit that receives funds under this 
     part may not use more than 5 percent of those funds to pay 
     for administrative costs.

       ``PART B--FEDERAL ASSISTANCE FOR STATE AND LOCAL PROGRAMS

     ``SEC. 221. AUTHORITY TO MAKE GRANTS AND CONTRACTS.

       ``(a) In General.--The Administrator may make grants to 
     States and units of local government, or combinations 
     thereof, to assist them in planning, establishing, operating, 
     coordinating, and evaluating projects directly or through 
     grants and contracts with public and private agencies for the 
     development of more effective education, training, research, 
     prevention, diversion, treatment, and rehabilitation programs 
     in the area of juvenile delinquency and programs to improve 
     the juvenile justice system.
       ``(b) Training and Technical Assistance.--
       ``(1) In general.--With not to exceed 2 percent of the 
     funds available in a fiscal year to carry out this part, the 
     Administrator shall make grants to and enter into contracts 
     with public and private agencies, organizations, and 
     individuals to provide training

[[Page 12924]]

     and technical assistance to States, units of local government 
     (or combinations thereof), and local private agencies to 
     facilitate compliance with section 222 and implementation of 
     the State plan approved under section 222(c).
       ``(2) Eligible recipients.--
       ``(A) In general.--Grants may be made to and contracts may 
     be entered into under paragraph (1) only with public and 
     private agencies, organizations, and individuals that have 
     experience in providing training and technical assistance 
     required under paragraph (1).
       ``(B) Activity coordination.--In providing training and 
     technical assistance required under paragraph (1), the 
     recipient of a grant or contract under this subsection shall 
     coordinate its activities with the State agency described in 
     section 222(a)(1).

     ``SEC. 222. STATE PLANS.

       ``(a) In General.--In order to receive formula grants under 
     this part, a State shall submit a plan, developed in 
     consultation with the State Advisory Group established by the 
     State under subsection (e)(2)(A), for carrying out its 
     purposes applicable to a 3-year period.
       ``(b) Allocation.--A portion of any allocation of formula 
     grants to a State shall be available to develop a State plan 
     or for other activities associated with such State plan which 
     are necessary for efficient administration, including 
     monitoring, evaluation, and one full-time staff position.
       ``(c) Annual Reports.--The State shall submit annual 
     performance reports to the Administrator, each of which shall 
     describe progress in implementing programs contained in the 
     original State plan, and amendments necessary to update the 
     State plan, and shall describe the status of compliance with 
     State plan requirements.
       ``(d) Contents of Plan.--In accordance with regulations 
     that the Administrator shall prescribe, a State plan shall--
       ``(1) designate a State agency as the sole agency for 
     supervising the preparation and administration of the State 
     plan;
       ``(2) contain satisfactory evidence that the State agency 
     designated in accordance with paragraph (1) has or will have 
     authority, by legislation if necessary, to implement the 
     State plan in conformity with this part;
       ``(3) provide for the active consultation with and 
     participation of units of local government in the development 
     of a State plan that adequately takes into account the needs 
     and requests of units of local government, except that 
     nothing in the State plan requirements, or any regulations 
     promulgated to carry out such requirements, shall be 
     construed to prohibit or impede the State from making grants 
     to, or entering into contracts with, local private agencies, 
     including religious organizations;
       ``(4) to the extent feasible and consistent with paragraph 
     (5), provide for an equitable distribution of the assistance 
     received with the State, including rural areas;
       ``(5) require that the State or unit of local government 
     that is a recipient of amounts under this part distribute the 
     amounts intended to be used for the prevention of juvenile 
     delinquency and reduction of incarceration, to the extent 
     feasible, in proportion to the amount of juvenile crime 
     committed within those regions and communities;
       ``(6) provide assurances that youth who come into contact 
     with the juvenile justice system are treated equitably on the 
     basis of gender, race, family income, and disability;
       ``(7) provide for--
       ``(A) an analysis of juvenile crime and delinquency 
     problems (including the joining of gangs that commit crimes) 
     and juvenile justice and delinquency prevention needs 
     (including educational needs) of the State (including any 
     geographical area in which an Indian tribe performs law 
     enforcement functions), a description of the services to be 
     provided, and a description of performance goals and 
     priorities, including a specific statement of the manner in 
     which programs are expected to meet the identified juvenile 
     crime problems (including the joining of gangs that commit 
     crimes) and juvenile justice and delinquency prevention needs 
     (including educational needs) of the State;
       ``(B) an indication of the manner in which the programs 
     relate to other similar State or local programs that are 
     intended to address the same or similar problems; and
       ``(C) a strategy for the concentration of State efforts, 
     which shall coordinate all State juvenile crime control, 
     prevention, and delinquency programs with respect to overall 
     policy and development of objectives and priorities for all 
     State juvenile crime control and delinquency programs and 
     activities, including a provision for regular meetings of 
     State officials with responsibility in the area of juvenile 
     justice and delinquency prevention;
       ``(D) needed gender-specific services for the prevention 
     and treatment of juvenile delinquency;
       ``(E) needed services for the prevention and treatment of 
     juvenile delinquency in rural areas; and
       ``(F) needed mental health services to juveniles in the 
     juvenile justice system;
       ``(8) provide for the coordination and maximum utilization 
     of existing juvenile delinquency programs, programs operated 
     by public and private agencies and organizations, and other 
     related programs (such as education, special education, 
     recreation, health, and welfare programs) in the State;
       ``(9) provide for the development of an adequate research, 
     training, and evaluation capacity within the State;
       ``(10) provide that not less than 75 percent of the funds 
     available to the State under section 221, other than funds 
     made available to the State advisory group under this 
     section, whether expended directly by the State, by the unit 
     of local government, or by a combination thereof, or through 
     grants and contracts with public or private nonprofit 
     agencies, shall be used for--
       ``(A) community-based alternatives (including home-based 
     alternatives) to incarceration and institutionalization, 
     including--
       ``(i) for youth who need temporary placement, the provision 
     of crisis intervention, shelter, and after-care; and
       ``(ii) for youth who need residential placement, the 
     provision of a continuum of foster care or group home 
     alternatives that provide access to a comprehensive array of 
     services;
       ``(B) programs that assist in holding juveniles accountable 
     for their actions, including the use of graduated sanctions 
     and of neighborhood courts or panels that increase victim 
     satisfaction and require juveniles to make restitution for 
     the damage caused by their delinquent behavior;
       ``(C) comprehensive juvenile crime control and delinquency 
     prevention programs that meet the needs of youth through the 
     collaboration of the many local systems before which a youth 
     may appear, including schools, courts, law enforcement 
     agencies, child protection agencies, mental health agencies, 
     welfare services, health care agencies, public recreation 
     agencies, and private nonprofit agencies offering youth 
     services;
       ``(D) programs that provide treatment to juvenile offenders 
     who are victims of child abuse or neglect, and to the 
     families of those juveniles, in order to reduce the 
     likelihood that those juvenile offenders will commit 
     subsequent violations of law;
       ``(E) educational programs or supportive services for 
     delinquent or other juveniles--
       ``(i) to encourage juveniles to remain in elementary and 
     secondary schools or in alternative learning situations;
       ``(ii) to provide services to assist juveniles in making 
     the transition to the world of work and self-sufficiency; and
       ``(iii) to enhance coordination with the local schools that 
     juveniles would otherwise attend, to ensure that--

       ``(I) the instruction that juveniles receive outside school 
     is closely aligned with the instruction provided in school; 
     and
       ``(II) information regarding any learning problems 
     identified in such alternative learning situations are 
     communicated to the schools;

       ``(F) expanding the use of probation officers--
       ``(i) particularly for the purpose of permitting nonviolent 
     juvenile offenders (including status offenders) to remain at 
     home with their families as an alternative to incarceration 
     or institutionalization; and
       ``(ii) to ensure that juveniles follow the terms of their 
     probation;
       ``(G) one-on-one mentoring programs that are designed to 
     link at-risk juveniles and juvenile offenders, particularly 
     juveniles residing in high-crime areas and juveniles 
     experiencing educational failure, with responsible adults 
     (such as law enforcement officers, adults working with local 
     businesses, and adults working with community-based 
     organizations and agencies) who are properly screened and 
     trained;
       ``(H) programs designed to develop and implement projects 
     relating to juvenile delinquency and learning disabilities, 
     including on-the-job training programs to assist community 
     services, law enforcement, and juvenile justice personnel to 
     more effectively recognize and provide for learning disabled 
     and other juveniles with disabilities;
       ``(I) projects designed to deter involvement in illegal 
     activities and promote involvement in lawful activities on 
     the part of gangs whose membership is substantially composed 
     of youth;
       ``(J) programs and projects designed to provide for the 
     treatment of a youth who is dependent on or abuses alcohol or 
     other addictive or nonaddictive drugs;
       ``(K) community-based programs and services to work with 
     juveniles, their parents, and other family members during and 
     after incarceration in order to strengthen families so that 
     such juveniles may be retained in their homes;
       ``(L) activities (such as court-appointed advocates) that 
     the State determines will hold juveniles accountable for 
     their acts and decrease juvenile involvement in delinquent 
     activities;
       ``(M) establishing policies and systems to incorporate 
     relevant child protective services records into juvenile 
     justice records for purposes of establishing treatment plans 
     for juvenile offenders;
       ``(N) programs (including referral to literacy programs and 
     social service programs) to assist families with limited 
     English-speaking ability that include delinquent juveniles to 
     overcome language and other barriers that may prevent the 
     complete treatment of the juveniles and the preservation of 
     their families;

[[Page 12925]]

       ``(O) programs that utilize multidisciplinary interagency 
     case management and information sharing, that enable the 
     juvenile justice and law enforcement agencies, schools, and 
     social service agencies to make more informed decisions 
     regarding early identification, control, supervision, and 
     treatment of juveniles who repeatedly commit violent or 
     serious delinquent acts;
       ``(P) programs designed to prevent and reduce hate crimes 
     committed by juveniles;
       ``(Q) court supervised initiatives that address the illegal 
     possession of firearms by juveniles;
       ``(R) programs for positive youth development that provide 
     delinquent youth and youth at-risk of delinquency with--
       ``(i) an ongoing relationship with a caring adult (such as 
     a mentor, tutor, coach, or shelter youth worker);
       ``(ii) safe places and structured activities during 
     nonschool hours;
       ``(iii) a healthy start;
       ``(iv) a marketable skill through effective education; and
       ``(v) an opportunity to give back through community 
     service;
       ``(S) programs and projects that provide comprehensive 
     post-placement services that help juveniles make a successful 
     transition back into the community, including mental health 
     services, substance abuse treatment, counseling, education, 
     and employment training;
       ``(T) programs and services designed to identify and 
     address the health and mental health needs of youth; and
       ``(U) programs that have been proven to be successful in 
     preventing delinquency, such as Multi-Systemic Therapy, 
     Multi-Dimensional Treatment Foster Care, Functional Family 
     Therapy, and the Bullying Prevention Program;
       ``(11) provide that--
       ``(A) a juvenile who is charged with or who has committed 
     an offense that would not be criminal if committed by an 
     adult shall not be placed in a secure detention facility or 
     secure correctional facility unless the juvenile--
       ``(i) was charged with or committed a violation of section 
     922(x)(2) of title 18, United States Code, or of a similar 
     State law;
       ``(ii) was charged with or committed a violation of a valid 
     court order; or
       ``(iii) was held in accordance with the Interstate Compact 
     on Juveniles as enacted by the State; and
       ``(B) a juvenile shall not be placed in a secure detention 
     facility or secure correctional facility if the juvenile--
       ``(i) was not charged with any offense; and
       ``(ii) is--

       ``(I) an alien; or
       ``(II) alleged to be dependent, neglected, or abused.

       ``(12) provide that--
       ``(A) a juvenile who is alleged to be or found to be 
     delinquent or a juvenile who is described in paragraph (11) 
     will not be detained or confined in any institution in which 
     prohibited physical contact or sustained oral and visual 
     contact with an adult inmate can occur; and
       ``(B) there is in effect in the State a policy that 
     requires an individual who works with both juveniles and 
     adult inmates, including in collocated facilities, to be 
     trained and certified to work with juveniles;
       ``(13) provide that no juvenile will be detained or 
     confined in any jail or lockup for adults except--
       ``(A) juveniles who are accused of nonstatus offenses and 
     who are detained in such jail or lockup for a period not to 
     exceed 6 hours--
       ``(i) for processing or release;
       ``(ii) while awaiting transfer to a juvenile facility; or
       ``(iii) in which period such juveniles make a court 
     appearance;
       ``(B) juveniles who--
       ``(i) are accused of nonstatus offenses;
       ``(ii) are awaiting an initial court appearance that will 
     occur within 48 hours after being taken into custody 
     (excluding Saturdays, Sundays, and legal holidays); and
       ``(iii) are detained in a jail or lockup--

       ``(I) in which such juveniles do not have prohibited 
     physical contact, or sustained oral and visual contact, with 
     adults incarcerated because such adults have been convicted 
     of a crime or are awaiting trial on criminal charges;
       ``(II) where there is in effect in the State a policy that 
     requires individuals who work with both such juveniles and 
     such adults in collocated facilities have been trained and 
     certified to work with juveniles; and
       ``(III) that is located--

       ``(aa) outside a metropolitan statistical area (as defined 
     by the Office of Management and Budget) and has no existing 
     acceptable alternative placement available;
       ``(bb) where conditions of distance to be traveled or the 
     lack of highway, road, or transportation do not allow for 
     court appearances within 48 hours (excluding Saturdays, 
     Sundays, and legal holidays) so that a brief (not to exceed 
     an additional 48 hours) delay is excusable; or
       ``(cc) where conditions of safety exist (such as severe 
     adverse, life-threatening weather conditions that do not 
     allow for reasonably safe travel), in which case the time for 
     an appearance may be delayed until 24 hours after the time 
     that such conditions allow for reasonable safe travel;
       ``(14)(A) provide assurances that consideration will be 
     given to and that assistance will be available for approaches 
     designed to strengthen the families of delinquent and other 
     youth to prevent juvenile delinquency; and
       ``(B) approaches under subparagraph (A) should include the 
     involvement of grandparents or other extended family members, 
     when possible, and appropriate and the provision of family 
     counseling during the incarceration of juvenile family 
     members and coordination of family services when appropriate 
     and feasible;
       ``(15) provide for procedures to be established for 
     protecting the rights of recipients of services and for 
     assuring appropriate privacy with regard to records relating 
     to the services provided to any individual under the State 
     plan;
       ``(16) provide for such fiscal control and fund accounting 
     procedures necessary to assure prudent use, proper 
     disbursement, and accurate accounting of funds received under 
     this title;
       ``(17) provide reasonable assurances that Federal funds 
     made available under this part for any period shall be used 
     to supplement and increase (but not supplant) the level of 
     the State, local, and other non-Federal funds that would, in 
     the absence of the Federal funds, be made available for the 
     programs described in this part, and shall in no event 
     replace such State, local, and other non-Federal funds;
       ``(18) provide that the State agency designated under 
     paragraph (1) shall, not less often than annually, review its 
     plan and submit to the Administrator an analysis and 
     evaluation of the effectiveness of the programs and 
     activities carried out under the plan, and any modifications 
     in the plan, including the survey of the State and local 
     needs, that the agency considers necessary;
       ``(19) provide assurances that the State or unit of local 
     government that is a recipient of amounts under this part 
     require that any person convicted of a sexual act or sexual 
     contact involving any other person who has not attained the 
     age of 18 years, and who is not less than 4 years younger 
     than that convicted person, be tested for the presence of a 
     sexually transmitted disease and that the results of that 
     test be provided to the victim or to the family of the victim 
     as well as to any court or other government agency with 
     primary authority for sentencing the person convicted for the 
     commission of the sexual act or sexual contact (as those 
     terms are defined in paragraphs (2) and (3), respectively, of 
     section 2246 of title 18, United States Code);
       ``(20) provide that if a juvenile is taken into custody for 
     violating a valid court order issued for committing a status 
     offense--
       ``(A) an appropriate public agency shall be promptly 
     notified that the juvenile is being taken into custody for 
     violating the court order;
       ``(B) that within 24 hours of the juvenile being taken into 
     custody, an authorized representative of the public agency 
     shall interview the juvenile in person; and
       ``(C) that within 48 hours of the juvenile being taken into 
     custody--
       ``(i) the authorized representative shall submit an 
     assessment regarding the immediate needs of the juvenile to 
     the court that issued the order; and
       ``(ii) the court shall conduct a hearing to determine--

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

       ``(21) specify a percentage, if any, of funds received by 
     the State under section 221 that the State shall reserve for 
     expenditure by the State to provide incentive grants to units 
     of local government that reduce the case load of probation 
     officers within those units;
       ``(22) provide that the State, to the maximum extent 
     practicable, will implement a system to ensure that if a 
     juvenile is before a court in the juvenile justice system, 
     public child welfare records (including child protective 
     services records) relating to that juvenile that are on file 
     in the geographical area under the jurisdiction of that court 
     will be made known to that court;
       ``(23) unless the provisions of this paragraph are waived 
     at the discretion of the Administrator for any State in which 
     the services for delinquent or other youth are organized 
     primarily on a statewide basis, provide that at least 50 
     percent of funds received by the State under this section, 
     other than funds made available to the State advisory group, 
     shall be expended--
       ``(A) through programs of units of general local 
     government, to the extent that those programs are consistent 
     with the State plan; and
       ``(B) through programs of local private agencies, to the 
     extent that those programs are consistent with the State 
     plan, except that direct funding of any local private agency 
     by a State shall be permitted only if the local private 
     agency requests direct funding after the agency has applied 
     for and been denied funding by a unit of general local 
     government;

[[Page 12926]]

       ``(24) provide for the establishment of youth tribunals and 
     peer `juries' in school districts in the State to promote 
     zero tolerance policies with respect to misdemeanor offenses, 
     acts of juvenile delinquency, and other antisocial behavior 
     occurring on school grounds, including truancy, vandalism, 
     underage drinking, and underage tobacco use;
       ``(25) provide for projects to coordinate the delivery of 
     adolescent mental health and substance abuse services to 
     children at risk by coordinating councils composed of public 
     and private service providers;
       ``(26) provide assurances that--
       ``(A) any assistance provided under this title will not 
     cause the displacement (including a partial displacement, 
     such as a reduction in the hours of nonovertime work, wages, 
     or employment benefits) of any currently employed employee;
       ``(B) activities assisted under this title will not impair 
     an existing collective bargaining relationship, contract for 
     services, or collective bargaining agreement; and
       ``(C) an activity that would be inconsistent with the terms 
     of a collective bargaining agreement shall not be undertaken 
     without the written concurrence of the labor organization 
     involved; and
       ``(27) address efforts to reduce the proportion of 
     juveniles detained or confined in secure detention 
     facilities, secure correctional facilities, jails, and 
     lockups who are members of minority groups, if such 
     proportion exceeds the proportion such groups represent in 
     the general population.
       ``(e) Approval by State Agency.--
       ``(1) State agency.--The State agency designated under 
     subsection (d)(1) shall approve the State plan and any 
     modification of that plan prior to submission of the plan to 
     the Administrator.
       ``(2) State advisory group.--
       ``(A) Establishment.--
       ``(i) In general.--The State advisory group referred to in 
     subsection (a) shall be known as the `State Advisory Group'.
       ``(ii) Members.--The State Advisory Group shall--

       ``(I) consist of representatives from both the private and 
     public sector, each of whom shall be appointed for a term of 
     not more than 6 years; and
       ``(II) include not less than 1 prosecutor and not less than 
     1 judge from a court with a juvenile crime or delinquency 
     docket.

       ``(iii) Member experience.--The State shall ensure that 
     members of the State Advisory Group shall have experience in 
     the area of juvenile delinquency prevention, the prosecution 
     of juvenile offenders, the treatment of juvenile delinquency, 
     the investigation of juvenile crimes, or the administration 
     of juvenile justice programs.
       ``(iv) Chairperson.--The chairperson of the State Advisory 
     Group shall not be a full-time employee of the Federal 
     Government or the State government.
       ``(B) Consultation.--
       ``(i) In general.--The State Advisory Group established 
     under subparagraph (A) shall--

       ``(I) participate in the development and review of a State 
     plan under this section before the plan is submitted to the 
     supervisory agency for final action; and
       ``(II) be afforded an opportunity to review and comment, 
     not later than 30 days after the submission to the State 
     Advisory Group, on all juvenile justice and delinquency 
     prevention grant applications submitted to the State agency 
     designated under subsection (d)(1).

       ``(ii) Authority.--The State Advisory Group shall report to 
     the chief executive officer and the legislature of a State 
     that has submitted a plan, on an annual basis regarding 
     recommendations related to the compliance by that State with 
     this section.
       ``(C) Funding.--From amounts reserved for administrative 
     costs, the State may make available to the State Advisory 
     Group such sums as may be necessary to assist the State 
     Advisory Group in adequately performing its duties under this 
     paragraph.
       ``(f) Compliance With Statutory Requirements.--If a State 
     fails to comply with any of the applicable requirements of 
     paragraph (11), (12), (13), or (27) of subsection (d) in any 
     fiscal year beginning after September 30, 2001, the amount 
     allocated to that State for the subsequent fiscal year shall 
     be reduced by not to exceed 12.5 percent for each such 
     paragraph with respect to which the failure occurs, unless 
     the Administrator determines that the State--
       ``(1) has achieved substantial compliance with the 
     applicable requirements with respect to which the State was 
     not in compliance; and
       ``(2) has made, through appropriate executive or 
     legislative action, an unequivocal commitment to achieving 
     full compliance with the applicable requirements within a 
     reasonable time.

     ``SEC. 223. ALLOCATION OF GRANTS.

       ``(a) In General.--Subject to subsections (b), (c), and 
     (d), of the amount allocated under section 261 to carry out 
     this part in each fiscal year that remains after reservation 
     under section 206(b) for that fiscal year--
       ``(1) no State shall be allocated less than $750,000; and
       ``(2) the amount remaining after the allocation under 
     paragraph (1) shall be allocated proportionately based on the 
     juvenile population in the eligible States.
       ``(b) System Support Grants.--Of the amount allocated under 
     section 261 to carry out this part in each fiscal year that 
     remains after reservation under section 206(b) for that 
     fiscal year, up to 10 percent may be available for use by the 
     Administrator to provide--
       ``(1) training and technical assistance consistent with the 
     purposes authorized under sections 203, 204, and 221;
       ``(2) direct grant awards and other support to develop, 
     test, and demonstrate new approaches to improving the 
     juvenile justice system and reducing, preventing, and abating 
     delinquent behavior, juvenile crime, and youth violence;
       ``(3) for research and evaluation efforts to discover and 
     test methods and practices to improve the juvenile justice 
     system and reduce, prevent, and abate delinquent behavior, 
     juvenile crime, and youth violence; and
       ``(4) information, including information on best practices, 
     consistent with purposes authorized under sections 203, 204, 
     and 221.
       ``(c) Exception.--The amount allocated to the Virgin 
     Islands of the United States, Guam, American Samoa, the Trust 
     Territory of the Pacific Islands, and the Commonwealth of the 
     Northern Mariana Islands shall be not less than $75,000 and 
     not more than $100,000.
       ``(d) Administrative Costs.--A State, unit of local 
     government, or eligible unit that receives funds under this 
     part may not use more than 5 percent of those funds to pay 
     for administrative costs.

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

     ``SEC. 231. DEFINITION OF JUVENILE.

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

     ``SEC. 232. GANG-FREE SCHOOLS AND COMMUNITIES.

       ``(a) In General.--
       ``(1) Family and community grants.--The Administrator shall 
     make grants to or enter into contracts with public agencies 
     (including local educational agencies) and private nonprofit 
     agencies, organizations, and institutions to establish and 
     support programs and activities that involve families and 
     communities and that are designed to--
       ``(A) prevent and reduce the participation of juveniles in 
     criminal gang activity by providing--
       ``(i) individual, peer, family, and group counseling, 
     including a provision of life skills training and preparation 
     for living independently, which shall include cooperation 
     with social services, welfare, and health care programs;
       ``(ii) education, recreation, and social services designed 
     to address the social and developmental needs of juveniles 
     that those juveniles would otherwise seek to have met through 
     membership in gangs;
       ``(iii) crisis intervention and counseling to juveniles who 
     are particularly at risk of gang involvement, and the 
     families of those juveniles, including assistance from social 
     service, welfare, health care, mental health, and substance 
     abuse prevention and treatment agencies where necessary;
       ``(iv) an organization of neighborhood and community groups 
     to work closely with parents, schools, law enforcement, and 
     other public and private agencies in the community; and
       ``(v) training and assistance to adults who have 
     significant relationships with juveniles who are or may 
     become members of gangs so the adults may provide 
     constructive alternatives to participating in the activities 
     of gangs;
       ``(B) develop within the juvenile adjudicatory and 
     correctional systems new and innovative means to address the 
     problems of juveniles who have been convicted of serious 
     drug-related and gang-related offenses;
       ``(C) target elementary school students, with the purpose 
     of steering students away from gang involvement;
       ``(D) provide treatment to juveniles who are members of 
     gangs, including members who are accused of committing a 
     serious crime and members who have been adjudicated as being 
     delinquent;
       ``(E) promote the involvement of juveniles in lawful 
     activities in geographical areas in which gangs commit 
     crimes;
       ``(F) promote and support, with the cooperation of 
     community-based organizations experienced in providing 
     services to juveniles engaged in gang-related activities and 
     the cooperation of local law enforcement agencies, the 
     development of policies and activities in public elementary 
     and secondary schools that will assist those schools in 
     maintaining a safe environment conducive to learning;
       ``(G) assist juveniles who are or may become members of 
     gangs to obtain appropriate educational instruction, in or 
     outside a regular school program, including the provision of 
     counseling and other services to promote and support the 
     continued participation of those juveniles in the 
     instructional programs;

[[Page 12927]]

       ``(H) expand the availability of prevention and treatment 
     services relating to the illegal use of controlled substances 
     and controlled substance analogues (as defined in paragraphs 
     (6) and (32) of section 102 of the Controlled Substances Act 
     (21 U.S.C. 802)) by juveniles, provided through State and 
     local health and social services agencies;
       ``(I) provide services to prevent juveniles from coming 
     into contact with the juvenile justice system again as a 
     result of gang-related activity;
       ``(J) provide services authorized in this section at a 
     special location in a school or housing project or other 
     appropriate site; or
       ``(K) support activities to inform juveniles of the 
     availability of treatment and services for which financial 
     assistance is available under this section.
       ``(2) Research and evaluation.--From not more than 15 
     percent of the total amount appropriated to carry out this 
     part in each fiscal year, the Administrator may make grants 
     to and enter into contracts with public agencies and private 
     nonprofit agencies, organizations, and institutions--
       ``(A) to conduct research on issues related to juvenile 
     gangs;
       ``(B) to evaluate the effectiveness of programs and 
     activities funded under paragraph (1); and
       ``(C) to increase the knowledge of the public (including 
     public and private agencies that operate or desire to operate 
     gang prevention and intervention programs) by disseminating 
     information on research and on effective programs and 
     activities funded under this section.
       ``(b) Approval of Applications.--
       ``(1) In general.--Any agency, organization, or institution 
     that seeks to receive a grant or enter into a contract under 
     this section shall submit an application at such time, in 
     such manner, and containing such information as the 
     Administrator may prescribe.
       ``(2) Application contents.--In accordance with guidelines 
     established by the Administrator, each application submitted 
     under paragraph (1) shall--
       ``(A) set forth a program or activity for carrying out 1 or 
     more of the purposes specified in subsection (a), and 
     specifically identify each purpose the program or activity is 
     designed to carry out;
       ``(B) provide that the program or activity shall be 
     administered by or under the supervision of the applicant;
       ``(C) provide for the proper and efficient administration 
     of the program or activity;
       ``(D) provide for regular evaluation of the program or 
     activity;
       ``(E) provide an assurance that the proposed program or 
     activity will supplement, not supplant, similar programs and 
     activities already available in the community;
       ``(F) describe how the program or activity is coordinated 
     with programs, activities, and services available locally 
     under part B of this title and under chapter 1 of subtitle B 
     of title III of the Anti-Drug Abuse Act of 1988 (42 U.S.C. 
     11801-11805);
       ``(G) certify that the applicant has requested the State 
     planning agency to review and comment on the application and 
     to summarize the responses of that State planning agency to 
     the request;
       ``(H) provide that regular reports on the program or 
     activity shall be sent to the Administrator and to the State 
     planning agency; and
       ``(I) provide for such fiscal control and fund accounting 
     procedures as may be necessary to ensure prudent use, proper 
     disbursement, and accurate accounting of funds received under 
     this section.
       ``(3) Priority.--In reviewing applications for grants and 
     contracts under this section, the Administrator shall give 
     priority to an application--
       ``(A) submitted by, or substantially involving, a local 
     educational agency (as defined in section 1471 of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     2891));
       ``(B) based on the incidence and severity of crimes 
     committed by gangs whose membership is composed primarily of 
     juveniles in the geographical area in which the applicant 
     proposes to carry out the programs and activities for which 
     the grants and contracts are requested; and
       ``(C) for assistance for programs and activities that--
       ``(i) are broadly supported by public and private nonprofit 
     agencies, organizations, and institutions located in the 
     geographical area in which the applicant proposes to carry 
     out the programs and activities; and
       ``(ii) will substantially involve the families of juvenile 
     gang members in carrying out the programs or activities.

     ``SEC. 233. COMMUNITY-BASED GANG INTERVENTION.

       ``(a) In General.--The Administrator shall make grants to 
     or enter into contracts with public and private nonprofit 
     agencies, organizations, and institutions to carry out 
     programs and activities--
       ``(1) to reduce the participation of juveniles in the 
     illegal activities of gangs;
       ``(2) to develop regional task forces involving State, 
     local, and community-based organizations to coordinate the 
     disruption of gangs and the prosecution of juvenile gang 
     members and to curtail interstate activities of gangs;
       ``(3) to facilitate coordination and cooperation among--
       ``(A) local education, juvenile justice, employment, 
     recreation, and social service agencies; and
       ``(B) community-based programs with a proven record of 
     effectively providing intervention services to juvenile gang 
     members for the purpose of reducing the participation of 
     juveniles in illegal gang activities; and
       ``(4) to support programs that, in recognition of varying 
     degrees of the seriousness of delinquent behavior and the 
     corresponding gradations in the responses of the juvenile 
     justice system in response to that behavior, are designed 
     to--
       ``(A) encourage courts to develop and implement a continuum 
     of post-adjudication restraints that bridge the gap between 
     traditional probation and confinement in a correctional 
     setting (including expanded use of probation, mediation, 
     restitution, community service, treatment, home detention, 
     intensive supervision, electronic monitoring, and secure 
     community-based treatment facilities linked to other support 
     services such as health, mental health, remedial and special 
     education, job training, and recreation); and
       ``(B) assist in the provision by the Administrator of 
     information and technical assistance, including technology 
     transfer, to States, in the design and utilization of risk 
     assessment mechanisms to aid juvenile justice personnel in 
     determining appropriate sanctions for delinquent behavior.
       ``(b) Eligible Programs and Activities.--Programs and 
     activities for which grants and contracts are to be made 
     under this section may include--
       ``(1) the hiring of additional State and local prosecutors, 
     and the establishment and operation of programs, including 
     multijurisdictional task forces, for the disruption of gangs 
     and the prosecution of gang members;
       ``(2) developing within the juvenile adjudicatory and 
     correctional systems new and innovative means to address the 
     problems of juveniles who are convicted of serious drug-
     related and gang-related offenses;
       ``(3) providing treatment to juveniles who are members of 
     gangs, including members who are accused of committing a 
     serious crime and members who have been adjudicated as being 
     delinquent;
       ``(4) promoting the involvement of juveniles in lawful 
     activities in geographical areas in which gangs commit 
     crimes;
       ``(5) expanding the availability of prevention and 
     treatment services relating to the illegal use of controlled 
     substances and controlled substances analogues (as defined in 
     paragraphs (6) and (32) of section 102 of the Controlled 
     Substances Act (21 U.S.C. 802)), by juveniles, provided 
     through State and local health and social services agencies;
       ``(6) providing services to prevent juveniles from coming 
     into contact with the juvenile justice system again as a 
     result of gang-related activity; or
       ``(7) supporting activities to inform juveniles of the 
     availability of treatment and services for which financial 
     assistance is available under this section.
       ``(c) Approval of Applications.--
       ``(1) In general.--Any agency, organization, or institution 
     that seeks to receive a grant or enter into a contract under 
     this section shall submit an application at such time, in 
     such manner, and containing such information as the 
     Administrator may prescribe.
       ``(2) Application contents.--In accordance with guidelines 
     established by the Administrator, each application submitted 
     under paragraph (1) shall--
       ``(A) set forth a program or activity for carrying out 1 or 
     more of the purposes specified in subsection (a), and 
     specifically identify each purpose the program or activity is 
     designed to carry out;
       ``(B) provide that the program or activity shall be 
     administered by or under the supervision of the applicant;
       ``(C) provide for the proper and efficient administration 
     of the program or activity;
       ``(D) provide for regular evaluation of the program or 
     activity;
       ``(E) provide an assurance that the proposed program or 
     activity will supplement, not supplant, similar programs and 
     activities already available in the community;
       ``(F) describe how the program or activity is coordinated 
     with programs, activities, and services available locally 
     under part B of this title and under chapter 1 of subtitle B 
     of title III of the Anti-Drug Abuse Act of 1988 (42 U.S.C. 
     11801-11805);
       ``(G) certify that the applicant has requested the State 
     planning agency to review and comment on the application and 
     to summarize the responses of the State planning agency to 
     the request;
       ``(H) provide that regular reports on the program or 
     activity shall be sent to the Administrator and to the State 
     planning agency; and
       ``(I) provide for such fiscal control and fund accounting 
     procedures as may be necessary to ensure prudent use, proper 
     disbursement, and accurate accounting of funds received under 
     this section.
       ``(3) Priority.--In reviewing applications for grants and 
     contracts under subsection (a), the Administrator shall give 
     priority to an application--

[[Page 12928]]

       ``(A) submitted by, or substantially involving, a 
     community-based organization experienced in providing 
     services to juveniles;
       ``(B) based on the incidence and severity of crimes 
     committed by gangs whose membership is composed primarily of 
     juveniles in the geographical area in which the applicant 
     proposes to carry out the programs and activities for which 
     the grants and contracts are requested; and
       ``(C) for assistance for programs and activities that--
       ``(i) are broadly supported by public and private nonprofit 
     agencies, organizations, and institutions located in the 
     geographical area in which the applicant proposes to carry 
     out the programs and activities; and
       ``(ii) will substantially involve the families of juvenile 
     gang members in carrying out the programs or activities.

     ``SEC. 234. PRIORITY.

       ``In making grants under this part, the Administrator shall 
     give priority to funding programs and activities described in 
     subsections (a)(2) and (b)(1) of section 233.

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

     ``SEC. 241. GRANTS AND PROJECTS.

       ``(a) Authority To Make Grants.--The Administrator may make 
     grants to, and enter into contracts with, States, units of 
     local government, Indian tribal governments, public and 
     private agencies, organizations, and individuals, or 
     combinations thereof, to carry out projects for the 
     development, testing, and demonstration of promising 
     initiatives and programs for the prevention, control, or 
     reduction of juvenile delinquency.
       ``(b) Distribution.--The Administrator shall ensure that, 
     to the extent reasonable and practicable, a grant made under 
     subsection (a) is made to achieve an equitable geographical 
     distribution of such projects throughout the United States.
       ``(c) Use of Grants.--A grant made under subsection (a) may 
     be used to pay all or part of the cost of the project for 
     which the grant is made.

     ``SEC. 242. GRANTS FOR TRAINING AND TECHNICAL ASSISTANCE.

       ``The Administrator may make grants to, and enter into 
     contracts with, public and private agencies, organizations, 
     and individuals to provide training and technical assistance 
     to States, units of local government, Indian tribal 
     governments, local private entities or agencies, or any 
     combination thereof, to carry out the projects for which 
     grants are made under section 241.

     ``SEC. 243. ELIGIBILITY.

       ``To be eligible to receive assistance pursuant to a grant 
     or contract under this part, a public or private agency, 
     Indian tribal government, organization, institution, 
     individual, or combination thereof, shall submit an 
     application to the Administrator at such time, in such form, 
     and containing such information as the Administrator may 
     reasonably require by rule.

     ``SEC. 244. REPORTS.

       ``Each recipient of assistance pursuant to a grant or 
     contract under this part shall submit to the Administrator 
     such reports as may be reasonably requested by the 
     Administrator to describe progress achieved in carrying the 
     projects for which the assistance was provided.

                          ``PART E--MENTORING

     ``SEC. 251. MENTORING.

       ``The purposes of this part are to, through the use of 
     mentors for at-risk youth--
       ``(1) reduce juvenile delinquency and gang participation;
       ``(2) improve academic performance; and
       ``(3) reduce the dropout rate.

     ``SEC. 252. DEFINITIONS.

       ``In this part:
       ``(1) At-risk youth.--The term `at-risk youth' means a 
     youth at risk of educational failure, dropping out of school, 
     or involvement in criminal or delinquent activities.
       ``(2) Mentor.--The term `mentor' means a person who works 
     with an at-risk youth on a one-to-one basis, provides a 
     positive role model for the youth, establishes a supportive 
     relationship with the youth, and provides the youth with 
     academic assistance and exposure to new experiences and 
     examples of opportunity that enhance the ability of the youth 
     to become a responsible adult.

     ``SEC. 253. GRANTS.

       ``(a) Local Educational Grants.--The Administrator shall 
     make grants to local education agencies and nonprofit 
     organizations to establish and support programs and 
     activities for the purpose of implementing mentoring programs 
     that--
       ``(1) are designed to link at-risk children, particularly 
     children living in high crime areas and children experiencing 
     educational failure, with responsible adults such as law 
     enforcement officers, persons working with local businesses, 
     elders in Alaska Native villages, and adults working for 
     community-based organizations and agencies; and
       ``(2) are intended to--
       ``(A) provide general guidance to at-risk youth;
       ``(B) promote personal and social responsibility among at-
     risk youth;
       ``(C) increase participation by at-risk youth in, and 
     enhance the ability of at-risk youth to benefit from, 
     elementary and secondary education;
       ``(D) discourage the use of illegal drugs, violence, and 
     dangerous weapons by at-risk youth, and discourage other 
     criminal activity;
       ``(E) discourage involvement of at-risk youth in gangs; or
       ``(F) encourage at-risk youth to participate in community 
     service and community activities.
       ``(b) Family-to-Family Mentoring Grants.--
       ``(1) Definitions.--In this subsection:
       ``(A) Family-to-family mentoring program.--The term 
     `family-to-family mentoring program' means a mentoring 
     program that--
       ``(i) utilizes a 2-tier mentoring approach that matches 
     volunteer families with at-risk families allowing parents to 
     work directly with parents and children to work directly with 
     children; and
       ``(ii) has an after-school program for volunteer and at-
     risk families.
       ``(B) Positive alternatives program.--The term `positive 
     alternatives program' means a positive youth development and 
     family-to-family mentoring program that emphasizes drug and 
     gang prevention components.
       ``(C) Qualified positive alternatives program.--The term 
     `qualified positive alternatives program' means a positive 
     alternatives program that has established a family-to-family 
     mentoring program, as of the date of enactment of the 
     Juvenile Crime Prevention and Control Act of 2001.
       ``(2) Authority.--The Administrator shall make and enter 
     into contracts with a qualified positive alternatives 
     program.

     ``SEC. 254. REGULATIONS AND GUIDELINES.

       ``(a) Program Guidelines.--To implement this part, the 
     Administrator shall issue program guidelines which shall be 
     effective only after a period for public notice and comment.
       ``(b) Model Screening Guidelines.--The Administrator shall 
     develop and distribute to program participants specific model 
     guidelines for the screening of prospective program mentors.

     ``SEC. 255. USE OF GRANTS.

       ``(a) Permitted Uses.--Grants awarded under this part shall 
     be used to implement mentoring programs, including--
       ``(1) the hiring of mentoring coordinators and support 
     staff;
       ``(2) the recruitment, screening, and training of adult 
     mentors;
       ``(3) the reimbursement of mentors for reasonable 
     incidental expenditures, such as transportation, that are 
     directly associated with mentoring; and
       ``(4) such other purposes as the Administrator may 
     reasonably prescribe by regulation.
       ``(b) Prohibited Uses.--Grants awarded pursuant to this 
     part shall not be used--
       ``(1) to directly compensate mentors, except as provided 
     pursuant to subsection (a)(3);
       ``(2) to obtain educational or other materials or equipment 
     that would otherwise be used in the ordinary course of the 
     operations of the grantee;
       ``(3) to support litigation of any kind; or
       ``(4) for any other purpose reasonably prohibited by the 
     Administrator by regulation.

     ``SEC. 256. PRIORITY.

       ``(a) In General.--In making grants under this part, the 
     Administrator shall give priority for awarding grants to 
     applicants that--
       ``(1) serve at-risk youth in high crime areas;
       ``(2) have 60 percent or more of the youth eligible to 
     receive funds under the Elementary and Secondary Education 
     Act of 1965; and
       ``(3) have a considerable number of youths who drop out of 
     school each year.
       ``(b) Other Considerations.--In making grants under this 
     part, the Administrator shall give consideration to--
       ``(1) the geographic distribution (urban and rural) of 
     applications;
       ``(2) the quality of a mentoring plan, including--
       ``(A) the resources, if any, that will be dedicated to 
     providing participating youth with opportunities for job 
     training or postsecondary education; and
       ``(B) the degree to which parents, teachers, community-
     based organizations, and the local community participate in 
     the design and implementation of the mentoring plan; and
       ``(3) the capability of the applicant to effectively 
     implement the mentoring plan.

     ``SEC. 257. APPLICATIONS.

       ``An application for assistance under this part shall 
     include--
       ``(1) information on the youth expected to be served by the 
     program;
       ``(2) a provision for a mechanism for matching youth with 
     mentors based on the needs of the youth;
       ``(3) an assurance that no mentor or mentoring family will 
     be assigned a number of youths that would undermine the 
     ability of that mentor to be an effective mentor and ensure a 
     one-to-one relationship with mentored youths;
       ``(4) an assurance that projects operated in secondary 
     schools will provide the youth with a variety of experiences 
     and support, including--

[[Page 12929]]

       ``(A) an opportunity to spend time in a work environment 
     and, when possible, participate in the work environment;
       ``(B) an opportunity to witness the job skills that will be 
     required for the youth to obtain employment upon graduation;
       ``(C) assistance with homework assignments; and
       ``(D) exposure to experiences that the youth might not 
     otherwise encounter;
       ``(5) an assurance that projects operated in elementary 
     schools will provide the youth with--
       ``(A) academic assistance;
       ``(B) exposure to new experiences and activities that the 
     youth may not otherwise encounter; and
       ``(C) emotional support;
       ``(6) an assurance that projects will be monitored to 
     ensure that each youth benefits from a mentor relationship, 
     and will include a provision for a new mentor assignment if 
     the relationship is not beneficial to the youth;
       ``(7) the method by which a mentor and a youth will be 
     recruited to the project;
       ``(8) the method by which a prospective mentor will be 
     screened; and
       ``(9) the training that will be provided to a mentor.

     ``SEC. 258. GRANT CYCLES.

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

     ``SEC. 259. FAMILY MENTORING PROGRAM.

       ``(a) Definitions.--In this section:
       ``(1) Cooperative extension services.--The term 
     `cooperative extension services' has the meaning given that 
     term in section 1404 of the National Agricultural Research, 
     Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103).
       ``(2) Family mentoring program.--The term `family mentoring 
     program' means a mentoring program that--
       ``(A) utilizes a 2-tier mentoring approach that uses 
     college age or young adult mentors working directly with at-
     risk youth and uses retirement-age couples working with the 
     parents and siblings of at-risk youth; and
       ``(B) has a local advisory board to provide direction and 
     advice to program administrators.
       ``(3) Qualified cooperative extension service.--The term 
     `qualified cooperative extension service' means a cooperative 
     extension service that has established a family mentoring 
     program, as of the date of enactment of the Juvenile Crime 
     Prevention and Control Act of 2001.
       ``(b) Model Program.--The Administrator, in cooperation 
     with the Secretary of Agriculture, shall make a grant to a 
     qualified cooperative extension service for the purpose of 
     expanding and replicating family mentoring programs to reduce 
     the incidence of juvenile crime and delinquency among at-risk 
     youth.
       ``(c) Establishment of New Family Mentoring Programs.--
       ``(1) In general.--The Administrator, in cooperation with 
     the Secretary of Agriculture, may make 1 or more grants to 
     cooperative extension services for the purpose of 
     establishing family mentoring programs to reduce the 
     incidence of juvenile crime and delinquency among at-risk 
     youth.
       ``(2) Matching requirement and source of matching funds.--
       ``(A) In general.--The amount of a grant under this 
     subsection may not exceed 35 percent of the total costs of 
     the program funded by the grant.
       ``(B) Source of match.--Matching funds for grants under 
     this subsection may be derived from amounts made available to 
     a State under subsections (b) and (c) of section 3 of the 
     Smith-Lever Act (7 U.S.C. 343), except that the total amount 
     derived from Federal sources may not exceed 70 percent of the 
     total cost of the program funded by the grant.

                  ``PART F--ADMINISTRATIVE PROVISIONS

     ``SEC. 261. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) In General.--There is authorized to be appropriated 
     to carry out this title, and to carry out part R of title I 
     of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
     U.S.C. 3796ee et seq.), $1,065,000,000 for each of fiscal 
     years 2002 through 2007.
       ``(b) Allocation of Appropriations.--Of the amount made 
     available under subsection (a) for each fiscal year--
       ``(1) $500,000,000 shall be for programs under sections 
     1801 and 1803 of part R of title I of the Omnibus Crime 
     Control and Safe Streets Act of 1968 (42 U.S.C. 3796ee et 
     seq.);
       ``(2) $75,000,000 shall be for grants for juvenile criminal 
     history records upgrades pursuant to section 1802 of part R 
     of title I of the Omnibus Crime Control and Safe Streets Act 
     of 1968 (42 U.S.C. 3796ee-1);
       ``(3) $250,000,000 shall be for programs under section 204 
     of part A of this title;
       ``(4) $200,000,000 shall be for programs under part B of 
     this title;
       ``(5) $20,000,000 shall be for programs under parts C and D 
     of this title; and
       ``(6) $20,000,000 shall be for programs under part E of 
     this title, of which $3,000,000 shall be for programs under 
     section 259.
       ``(c) Source of Sums.--Amounts authorized to be 
     appropriated pursuant to this section may be derived from the 
     Violent Crime Reduction Trust Fund.
       ``(d) Administration and Operations.--There is authorized 
     to be appropriated for the administration and operation of 
     the Office of Juvenile Crime Control and Prevention such sums 
     as may be necessary for each of fiscal years 2002 through 
     2007.
       ``(e) Availability of Funds.--Amounts made available 
     pursuant to this section and allocated in accordance with 
     this title in any fiscal year shall remain available until 
     expended.

     ``SEC. 262. ADMINISTRATIVE PROVISIONS.

       ``(a) Authority of Administrator.--The Office shall be 
     administered by the Administrator under the general authority 
     of the Attorney General.
       ``(b) Applicability of Certain Crime Control Provisions.--
     Sections 809(c), 811(a), 811(b), 811(c), 812(a), 812(b), and 
     812(d) of the Omnibus Crime Control and Safe Streets Act of 
     1968 (42 U.S.C. 3789d(c), 3789f(a), 3789f(b), 3789f(c), 
     3789g(a), 3789g(b), and 3789g(d)) shall apply with respect to 
     the administration of and compliance with this title, except 
     that for purposes of this Act--
       ``(1) any reference to the Office of Justice Programs in 
     such sections shall be considered to be a reference to the 
     Assistant Attorney General who heads the Office of Justice 
     Programs; and
       ``(2) the term `this title' as it appears in such sections 
     shall be considered to be a reference to this title.
       ``(c) Applicability of Certain Other Crime Control 
     Provisions.--Sections 801(a), 801(c), and 806 of the Omnibus 
     Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
     3711(a), 3711(c), and 3787) shall apply with respect to the 
     administration of and compliance with this title, except 
     that, for purposes of this title--
       ``(1) any reference to the Attorney General, the Assistant 
     Attorney General who heads the Office of Justice Programs, 
     the Director of the National Institute of Justice, the 
     Director of the Bureau of Justice Statistics, or the Director 
     of the Bureau of Justice Assistance shall be considered to be 
     a reference to the Administrator;
       ``(2) any reference to the Office of Justice Programs, the 
     Bureau of Justice Assistance, the National Institute of 
     Justice, or the Bureau of Justice Statistics shall be 
     considered to be a reference to the Office of Juvenile Crime 
     Control and Prevention; and
       ``(3) the term `this title' as it appears in those sections 
     shall be considered to be a reference to this title.
       ``(d) Rules, Regulations, and Procedures.--The 
     Administrator may, after appropriate consultation with 
     representatives of States and units of local government, and 
     an opportunity for notice and comment in accordance with 
     subchapter II of chapter 5 of title 5, United States Code, 
     establish such rules, regulations, and procedures as are 
     necessary for the exercise of the functions of the Office and 
     as are consistent with the purpose of this Act.
       ``(e) Withholding.--The Administrator shall initiate such 
     proceedings as the Administrator determines to be appropriate 
     if the Administrator, after giving reasonable notice and 
     opportunity for hearing to a recipient of financial 
     assistance under this title, finds that--
       ``(1) the program or activity for which the grant or 
     contract involved was made has been so changed that the 
     program or activity no longer complies with this title; or
       ``(2) in the operation of such program or activity there is 
     failure to comply substantially with any provision of this 
     title.''.
       (b) Repeal.--Title V of the Juvenile Justice and 
     Delinquency Prevention Act of 1974 (42 U.S.C. 5781 et seq.) 
     is repealed.

     SEC. 103. JUVENILE OFFENDER ACCOUNTABILITY.

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

             ``PART R--JUVENILE ACCOUNTABILITY BLOCK GRANTS

     ``SEC. 1801. PROGRAM AUTHORIZED.

       ``(a) In General.--The Attorney General is authorized to 
     provide grants to States, for use by States and units of 
     local government, and in certain cases directly to specially 
     qualified units.
       ``(b) Authorized Activities.--Amounts paid to a State or a 
     unit of local government under this part shall be used by the 
     State or unit of local government for the purpose of 
     strengthening the juvenile justice system, which includes--
       ``(1) developing, implementing, and administering graduated 
     sanctions for juvenile offenders;
       ``(2) building, expanding, renovating, or operating 
     temporary or permanent juvenile correction, detention, or 
     community corrections facilities;
       ``(3) hiring juvenile court judges, probation officers, and 
     court-appointed defenders and special advocates, and funding 
     pretrial services for juvenile offenders, to promote the 
     effective and expeditious administration of the juvenile 
     justice system;
       ``(4) hiring additional prosecutors, so that more cases 
     involving violent juvenile offenders can be prosecuted and 
     case backlogs reduced;
       ``(5) providing funding to enable prosecutors to address 
     drug, gang, and youth violence problems more effectively and 
     for technology, equipment, and training to assist prosecutors 
     in identifying and expediting the prosecution of violent 
     juvenile offenders;

[[Page 12930]]

       ``(6) establishing and maintaining training programs for 
     law enforcement and other court personnel with respect to 
     preventing and controlling juvenile crime;
       ``(7) establishing juvenile gun courts for the prosecution 
     and adjudication of juvenile firearms offenders;
       ``(8) establishing drug court programs for juvenile 
     offenders that provide continuing judicial supervision over 
     juvenile offenders with substance abuse problems and the 
     integrated administration of other sanctions and services for 
     such offenders;
       ``(9) establishing and maintaining a system of juvenile 
     records designed to promote public safety;
       ``(10) establishing and maintaining interagency 
     information-sharing programs that enable the juvenile and 
     criminal justice system, schools, and social services 
     agencies to make more informed decisions regarding the early 
     identification, control, supervision, and treatment of 
     juveniles who repeatedly commit serious delinquent or 
     criminal acts;
       ``(11) establishing and maintaining accountability-based 
     programs designed to reduce recidivism among juveniles who 
     are referred by law enforcement personnel or agencies;
       ``(12) establishing and maintaining programs to conduct 
     risk and need assessments of juvenile offenders that 
     facilitate the effective early intervention and the provision 
     of comprehensive services, including mental health screening 
     and treatment and substance abuse testing and treatment to 
     such offenders;
       ``(13) establishing and maintaining accountability-based 
     programs that are designed to enhance school safety;
       ``(14) establishing and maintaining restorative justice 
     programs;
       ``(15) establishing and maintaining programs to enable 
     juvenile courts and juvenile probation officers to be more 
     effective and efficient in holding juvenile offenders 
     accountable and reducing recidivism; and
       ``(16) hiring detention and corrections personnel, and 
     establishing and maintaining training programs for such 
     personnel to improve facility practices and programming.
       ``(c) Definition.--In this section the term `restorative 
     justice program' means--
       ``(1) a program that emphasizes the moral accountability of 
     an offender toward the victim and the affected community; and
       ``(2) may include community reparations boards, restitution 
     (in the form of monetary payment or service to the victim or, 
     where no victim can be identified, service to the affected 
     community), and mediation between victim and offender.

     ``SEC. 1802. GRANT ELIGIBILITY.

       ``(a) State Eligibility.--To be eligible to receive a grant 
     under this part, a State shall submit to the Attorney General 
     an application at such time, in such form, and containing 
     such assurances and information as the Attorney General may 
     require by guidelines, including--
       ``(1) information about--
       ``(A) the activities proposed to be carried out with such 
     grant; and
       ``(B) the criteria by which the State proposes to assess 
     the effectiveness of such activities on achieving the 
     purposes of this part; and
       ``(2) assurances that the State and any unit of local 
     government to which the State provides funding under section 
     1803(b), has in effect (or shall have in effect, not later 
     than 1 year after the date that the State submits such 
     application) laws, or has implemented (or shall implement, 
     not later than 1 year after the date that the State submits 
     such application) policies and programs, that provide for a 
     system of graduated sanctions described in subsection (c).
       ``(b) Local Eligibility.--
       ``(1) Subgrant eligibility.--To be eligible to receive a 
     subgrant, a unit of local government, other than a specially 
     qualified unit, shall provide to the State--
       ``(A) information about--
       ``(i) the activities proposed to be carried out with such 
     subgrant; and
       ``(ii) the criteria by which the unit proposes to assess 
     the effectiveness of such activities on achieving the 
     purposes of this part; and
       ``(B) such assurances as the State shall require, that, to 
     the maximum extent applicable, the unit of local government 
     has in effect (or shall have in effect, not later than 1 year 
     after the date that the unit submits such application) laws, 
     or has implemented (or shall implement, not later than 1 year 
     after the date that the unit submits such application) 
     policies and programs, that provide for a system of graduated 
     sanctions described in subsection (c).
       ``(2) Special rule.--The requirements of paragraph (1) 
     shall apply to a specially qualified unit that receives funds 
     from the Attorney General under section 1803(e), except that 
     information that is otherwise required to be submitted to the 
     State shall be submitted to the Attorney General.
       ``(c) Graduated Sanctions.--A system of graduated 
     sanctions, which may be discretionary as provided in 
     subsection (d), shall ensure, at a minimum, that--
       ``(1) sanctions are imposed on a juvenile offender for each 
     delinquent offense;
       ``(2) sanctions escalate in intensity with each subsequent, 
     more serious delinquent offense;
       ``(3) there is sufficient flexibility to allow for 
     individualized sanctions and services suited to the 
     individual juvenile offender; and
       ``(4) appropriate consideration is given to public safety 
     and victims of crime.
       ``(d) Discretionary Use of Sanctions.--
       ``(1) Voluntary participation.--A State or unit of local 
     government may be eligible to receive a grant under this part 
     if--
       ``(A) its system of graduated sanctions is discretionary; 
     and
       ``(B) it demonstrates that it has promoted the use of a 
     system of graduated sanctions by taking steps to encourage 
     implementation of such a system by juvenile courts.
       ``(2) Reporting requirement if graduated sanctions not 
     used.--
       ``(A) Juvenile courts.--A State or unit of local government 
     in which the imposition of graduated sanctions is 
     discretionary shall require each juvenile court within its 
     jurisdiction--
       ``(i) which has not implemented a system of graduated 
     sanctions, to submit an annual report that explains why such 
     court did not implement graduated sanctions; and
       ``(ii) which has implemented a system of graduated 
     sanctions but has not imposed graduated sanctions in all 
     cases, to submit an annual report that explains why such 
     court did not impose graduated sanctions in all cases.
       ``(B) Units of local government.--Each unit of local 
     government, other than a specially qualified unit, that has 1 
     or more juvenile courts that use a discretionary system of 
     graduated sanctions shall collect the information reported 
     under subparagraph (A) for submission to the State each year.
       ``(C) States.--Each State and specially qualified unit that 
     has 1 or more juvenile courts that use a discretionary system 
     of graduated sanctions shall collect the information reported 
     under subparagraph (A) for submission to the Attorney General 
     each year. A State shall also collect and submit to the 
     Attorney General the information collected under subparagraph 
     (B).
       ``(e) Definitions.--In this section:
       ``(1) Discretionary.--The term `discretionary' means that a 
     system of graduated sanctions is not required to be imposed 
     by each and every juvenile court in a State or unit of local 
     government.
       ``(2) Sanctions.--The term `sanctions' means tangible, 
     proportional consequences that hold the juvenile offender 
     accountable for the offense committed. A sanction may include 
     counseling, restitution, community service, a fine, 
     supervised probation, or confinement.

     ``SEC. 1803. ALLOCATION AND DISTRIBUTION OF FUNDS.

       ``(a) State Allocation.--
       ``(1) In general.--In accordance with regulations 
     promulgated pursuant to this part and except as provided in 
     paragraph (3), the Attorney General shall allocate--
       ``(A) 0.25 percent for each State; and
       ``(B) of the total funds remaining after the allocation 
     under subparagraph (A), to each State, an amount which bears 
     the same ratio to the amount of remaining funds described in 
     this subparagraph as the population of people under the age 
     of 18 living in such State for the most recent calendar year 
     in which such data is available bears to the population of 
     people under the age of 18 of all the States for such fiscal 
     year.
       ``(2) Prohibition.--No funds allocated to a State under 
     this subsection or received by a State for distribution under 
     subsection (b) may be distributed by the Attorney General or 
     by the State involved for any program other than a program 
     contained in an approved application.
       ``(b) Local Distribution.--
       ``(1) In general.--Except as provided in paragraph (2), 
     each State which receives funds under subsection (a)(1) in a 
     fiscal year shall distribute among units of local government, 
     for the purposes specified in section 1801, not less than 75 
     percent of such amounts received.
       ``(2) Waiver.--The percentage referred to in paragraph (1) 
     shall equal the percentage determined by subtracting the 
     State percentage from 100 percent, if a State submits to the 
     Attorney General an application for waiver that demonstrates 
     and certifies to the Attorney General that--
       ``(A) the State's juvenile justice expenditures in the 
     fiscal year preceding the date in which an application is 
     submitted under this part (the `State percentage') is more 
     than 25 percent of the aggregate amount of juvenile justice 
     expenditures by the State and its eligible units of local 
     government; and
       ``(B) the State has consulted with as many units of local 
     government in such State, or organizations representing such 
     units, as practicable regarding the State's calculation of 
     expenditures under subparagraph (A), the State's application 
     for waiver under this paragraph, and the State's proposed 
     uses of funds.
       ``(3) Allocation.--In making the distribution under 
     paragraph (1), the State shall allocate to such units of 
     local government an amount which bears the same ratio to the 
     aggregate amount of such funds as--
       ``(A) the sum of--
       ``(i) the product of--

       ``(I) three-quarters; multiplied by
       ``(II) the average juvenile justice expenditure for such 
     unit of local government for

[[Page 12931]]

     the 3 most recent calendar years for which such data is 
     available; plus

       ``(ii) the product of--

       ``(I) one-quarter; multiplied by
       ``(II) the average annual number of part 1 violent crimes 
     in such unit of local government for the 3 most recent 
     calendar years for which such data is available, bears to--

       ``(B) the sum of the products determined under subparagraph 
     (A) for all such units of local government in the State.
       ``(4) Expenditures.--The allocation any unit of local 
     government shall receive under paragraph (3) for a payment 
     period shall not exceed 100 percent of juvenile justice 
     expenditures of the unit for such payment period.
       ``(5) Reallocation.--The amount of any unit of local 
     government's allocation that is not available to such unit by 
     operation of paragraph (4) shall be available to other units 
     of local government that are not affected by such operation 
     in accordance with this subsection.
       ``(c) Unavailability of Data for Units of Local 
     Government.--If the State has reason to believe that the 
     reported rate of part 1 violent crimes or juvenile justice 
     expenditures for a unit of local government is insufficient 
     or inaccurate, the State shall--
       ``(1) investigate the methodology used by the unit to 
     determine the accuracy of the submitted data; and
       ``(2) if necessary, use the best available comparable data 
     regarding the number of violent crimes or juvenile justice 
     expenditures for the relevant years for the unit of local 
     government.
       ``(d) Local Government With Allocations Less Than 
     $10,000.--If under this section a unit of local government is 
     allocated less than $10,000 for a payment period, the amount 
     allotted shall be expended by the State on services to units 
     of local government whose allotment is less than such amount 
     in a manner consistent with this part.
       ``(e) Direct Grants to Specially Qualified Units.--
       ``(1) In general.--If a State does not qualify or apply for 
     funds reserved for allocation under subsection (a) by the 
     application deadline established by the Attorney General, the 
     Attorney General shall reserve not more than 75 percent of 
     the allocation that the State would have received under 
     subsection (a) for such fiscal year to provide grants to 
     specially qualified units which meet the requirements for 
     funding under section 1802.
       ``(2) Award basis.--In addition to the qualification 
     requirements for direct grants for specially qualified units 
     the Attorney General may use the average amount allocated by 
     the States to units of local government as a basis for 
     awarding grants under this section.

     ``SEC. 1804. GUIDELINES.

       ``(a) In General.--The Attorney General shall issue 
     guidelines establishing procedures under which a State or 
     unit of local government that receives funds under section 
     1803 is required to provide notice to the Attorney General 
     regarding the proposed use of funds made available under this 
     part.
       ``(b) Advisory Board.--
       ``(1) In general.--The guidelines referred to in subsection 
     (a) shall include a requirement that such eligible State or 
     unit of local government establish and convene an advisory 
     board to review the proposed uses of such funds.
       ``(2) Membership.--The board shall include representation 
     from, if appropriate--
       ``(A) the State or local police department;
       ``(B) the local sheriff's department;
       ``(C) the State or local prosecutor's office;
       ``(D) the State or local juvenile court;
       ``(E) the State or local probation officer;
       ``(F) the State or local educational agency;
       ``(G) a State or local social service agency;
       ``(H) a nonprofit, nongovernmental victim advocacy 
     organization; and
       ``(I) a nonprofit, religious, or community group.

     ``SEC. 1805. PAYMENT REQUIREMENTS.

       ``(a) Timing of Payments.--The Attorney General shall pay 
     to each State or unit of local government that receives funds 
     under section 1803 that has submitted an application under 
     this part not later than the later of--
       ``(1) 180 days after the date that the amount is available, 
     or
       ``(2) the first day of the payment period if the State has 
     provided the Attorney General with the assurances required by 
     subsection (c).
       ``(b) Repayment of Unexpended Amounts.--
       ``(1) Repayment required.--From amounts awarded under this 
     part, a State or specially qualified unit shall repay to the 
     Attorney General, before the expiration of the 36-month 
     period beginning on the date of the award, any amount that is 
     not expended by such State or unit.
       ``(2) Extension.--The Attorney General may adopt policies 
     and procedures providing for a one-time extension, by not 
     more than 12 months, of the period referred to in paragraph 
     (1).
       ``(3) Penalty for failure to repay.--If the amount required 
     to be repaid is not repaid, the Attorney General shall reduce 
     payment in future payment periods accordingly.
       ``(4) Deposit of amounts repaid.--Amounts received by the 
     Attorney General as repayments under this subsection shall be 
     deposited in a designated fund for future payments to States 
     and specially qualified units.
       ``(c) Administrative Costs.--A State or unit of local 
     government that receives funds under this part may use not 
     more than 5 percent of such funds to pay for administrative 
     costs.
       ``(d) Nonsupplanting Requirement.--Funds made available 
     under this part to States and units of local government shall 
     not be used to supplant State or local funds as the case may 
     be, but shall be used to increase the amount of funds that 
     would, in the absence of funds made available under this 
     part, be made available from State or local sources, as the 
     case may be.
       ``(e) Matching Funds.--
       ``(1) In general.--The Federal share of a grant received 
     under this part may not exceed 90 percent of the total 
     program costs.
       ``(2) Construction of facilities.--Notwithstanding 
     paragraph (1), with respect to the cost of constructing 
     juvenile detention or correctional facilities, the Federal 
     share of a grant received under this part may not exceed 50 
     percent of approved cost.

     ``SEC. 1806. UTILIZATION OF PRIVATE SECTOR.

       ``Funds or a portion of funds allocated under this part may 
     be used by a State or unit of local government that receives 
     a grant under this part to contract with private, nonprofit 
     entities, or community-based organizations to carry out the 
     purposes specified under section 1801(b).

     ``SEC. 1807. ADMINISTRATIVE PROVISIONS.

       ``(a) In General.--A State or specially qualified unit that 
     receives funds under this part shall--
       ``(1) establish a trust fund in which the government will 
     deposit all payments received under this part;
       ``(2) use amounts in the trust fund (including interest) 
     during the period specified in section 1805(b)(1) and any 
     extension of that period under section 1805(b)(2);
       ``(3) designate an official of the State or specially 
     qualified unit to submit reports as the Attorney General 
     reasonably requires, in addition to the annual reports 
     required under this part; and
       ``(4) spend the funds only for the purposes under section 
     1801(b).
       ``(b) Title I Provisions.--Except as otherwise provided, 
     the administrative provisions of part H shall apply to this 
     part and for purposes of this section any reference in such 
     provisions to title I shall be deemed to include a reference 
     to this part.

     ``SEC. 1808. ASSESSMENT REPORTS.

       ``(a) Reports to Attorney General.--
       ``(1) In general.--Except as provided in paragraph (2), for 
     each fiscal year for which a grant or subgrant is awarded 
     under this part, each State or unit of local government that 
     receives such a grant or subgrant shall submit to the 
     Attorney General a report, at such time and in such manner as 
     the Attorney General may reasonably require, which report 
     shall include--
       ``(A) a summary of the activities carried out with such 
     grant or subgrant; and
       ``(B) an assessment of the effectiveness of such activities 
     on achieving the purposes of this part.
       ``(2) Waivers.--The Attorney General may waive the 
     requirement of an assessment in paragraph (1)(B) for a State 
     or unit of local government if the Attorney General 
     determines that--
       ``(A) the nature of the activities are such that assessing 
     their effectiveness would not be practical or insightful;
       ``(B) the amount of the grant or subgrant is such that 
     carrying out the assessment would not be an effective use of 
     those amounts; or
       ``(C) the resources available to the State or unit are such 
     that carrying out the assessment would pose a financial 
     hardship on the State or unit.
       ``(b) Reports to Congress.--Not later than 90 days after 
     the last day of each fiscal year for which 1 or more grants 
     are awarded under this part, the Attorney General shall 
     submit to the Congress a report, which shall include--


       ``(1) a summary of the information provided under 
     subsection (a);
       ``(2) the assessment of the Attorney General of the grant 
     program carried out under this part; and
       ``(3) such other information as the Attorney General 
     considers appropriate.

     ``SEC. 1809. DEFINITIONS.

       ``In this part:
       ``(1) Unit of local government.--The term `unit of local 
     government' means--
       ``(A) a county, township, city, or political subdivision of 
     a county, township, or city, that is a unit of local 
     government as determined by the Secretary of Commerce for 
     general statistical purposes;
       ``(B) any law enforcement district or judicial enforcement 
     district that--
       ``(i) is established under applicable State law; and
       ``(ii) has the authority, in a manner independent of other 
     State entities, to establish a budget and raise revenues; and
       ``(C) the District of Columbia and the recognized governing 
     body of an Indian tribe or Alaskan Native village that 
     carries out substantial governmental duties and powers.
       ``(2) Specially qualified unit.--The term `specially 
     qualified unit' means a unit of local government which may 
     receive funds

[[Page 12932]]

     under this part only in accordance with section 1803(e).
       ``(3) State.--The term `State' means any State of the 
     United States, the District of Columbia, the Commonwealth of 
     Puerto Rico, the Virgin Islands, American Samoa, Guam, and 
     the Northern Mariana Islands, except that American Samoa, 
     Guam, and the Northern Mariana Islands shall be considered as 
     1 State and that, for purposes of section 1803(a), 33 percent 
     of the amounts allocated shall be allocated to American 
     Samoa, 50 percent to Guam, and 17 percent to the Northern 
     Mariana Islands.
       ``(4) Juvenile.--The term `juvenile' means an individual 
     who is 17 years of age or younger.
       ``(5) Juvenile justice expenditures.--The term `juvenile 
     justice expenditures' means expenditures in connection with 
     the juvenile justice system, including expenditures in 
     connection with such system to carry out--
       ``(A) activities specified in section 1801(b); and
       ``(B) other activities associated with prosecutorial and 
     judicial services and corrections as reported to the Bureau 
     of the Census for the fiscal year preceding the fiscal year 
     for which a determination is made under this part.
       ``(6) Part 1 violent crimes.--The term `part 1 violent 
     crimes' means murder and nonnegligent manslaughter, forcible 
     rape, robbery, and aggravated assault as reported to the 
     Federal Bureau of Investigation for purposes of the Uniform 
     Crime Reports.

     ``SEC. 1810. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) Oversight Accountability and Administration.--
       ``(1) In general.--Of the amount authorized to be 
     appropriated under section 261 of title II of the Juvenile 
     Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 
     5611 et seq.), there shall be available to the Attorney 
     General, for each of the fiscal years 2002 through 2007 (as 
     applicable), to remain available until expended--
       ``(A) not more than 2 percent of that amount, for research, 
     evaluation, and demonstration consistent with this part;
       ``(B) not more than 1 percent of that amount, for training 
     and technical assistance; and
       ``(C) not more than 1 percent, for administrative costs to 
     carry out the purposes of this part.
       ``(2) Oversight plan.--The Attorney General shall establish 
     and execute an oversight plan for monitoring the activities 
     of grant recipients.
       ``(b) Funding Source.--Appropriations for activities 
     authorized in this part may be made from the Violent Crime 
     Reduction Trust Fund.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect on the first day of the first fiscal year 
     that begins after the date of the enactment of this Act.
       (c) Transition of Juvenile Accountability Incentive Block 
     Grants Program.--For each grant made from amounts made 
     available for the Juvenile Accountability Incentive Block 
     Grants program (as described under the heading ``VIOLENT 
     CRIME REDUCTION PROGRAMS, STATE AND LOCAL LAW ENFORCEMENT 
     ASSISTANCE'' in the Department of Justice Appropriations Act, 
     2000 (as enacted by Public Law 106-113; 113 Stat. 1537-14)), 
     the grant award shall remain available to the grant recipient 
     for not more than 36 months after the date of receipt of the 
     grant.

     SEC. 104. EXTENSION OF VIOLENT CRIME REDUCTION TRUST FUND.

       (a) In General.--Section 310001(b) of the Violent Crime 
     Control and Law Enforcement Act of 1994 (42 U.S.C. 14211) is 
     amended by striking paragraphs (1) through (5) and inserting 
     the following:
       ``(1) for fiscal year 2002, $6,025,000,000;
       ``(2) for fiscal year 2003, $6,169,000,000;
       ``(3) for fiscal year 2004, $6,316,000,000;
       ``(4) for fiscal year 2005, $6,458,000,000;
       ``(5) for fiscal year 2006, $6,616,000,000; and
       ``(6) for fiscal year 2007, $6,774,000,000.''.
       (b) Discretionary Limits.--Title XXXI of the Violent Crime 
     Control and Law Enforcement Act of 1994 (42 U.S.C. 14211 et 
     seq.) is amended by inserting after section 310001 the 
     following:

     ``SEC. 310002. DISCRETIONARY LIMITS.

       ``For the purposes of allocations made for the 
     discretionary category pursuant to section 302(a) of the 
     Congressional Budget Act of 1974 (2 U.S.C. 633(a)), the term 
     `discretionary spending limit' means--
       ``(1) with respect to fiscal year 2002--
       ``(A) for the discretionary category, amounts of budget 
     authority and outlays necessary to adjust the discretionary 
     spending limits to reflect the changes in subparagraph (B) as 
     determined by the Chairman of the Budget Committee; and
       ``(B) for the violent crime reduction category: 
     $6,025,000,000 in new budget authority and $5,718,000,000 in 
     outlays;
       ``(2) with respect to fiscal year 2003--
       ``(A) for the discretionary category, amounts of budget 
     authority and outlays necessary to adjust the discretionary 
     spending limits to reflect the changes in subparagraph (B) as 
     determined by the Chairman of the Budget Committee; and
       ``(B) for the violent crime reduction category: 
     $6,169,000,000 in new budget authority and $6,020,000,000 in 
     outlays;
       ``(3) with respect to fiscal year 2004--
       ``(A) for the discretionary category, amounts of budget 
     authority and outlays necessary to adjust the discretionary 
     spending limits to reflect the changes in subparagraph (B) as 
     determined by the Chairman of the Budget Committee; and
       ``(B) for the violent crime reduction category: 
     $6,316,000,000 in new budget authority and $6,161,000,000 in 
     outlays;
       ``(4) with respect to fiscal year 2005--
       ``(A) for the discretionary category, amounts of budget 
     authority and outlays necessary to adjust the discretionary 
     spending limits to reflect the changes in subparagraph (B) as 
     determined by the Chairman of the Budget Committee; and
       ``(B) for the violent crime reduction category: 
     $6,458,000,000 in new budget authority and $6,303,000,000 in 
     outlays;
       ``(5) with respect to fiscal year 2006--
       ``(A) for the discretionary category, amounts of budget 
     authority and outlays necessary to adjust the discretionary 
     spending limits to reflect the changes in subparagraph (B) as 
     determined by the Chairman of the Budget Committee; and
       ``(B) for the violent crime reduction category: 
     $6,616,000,000 in new budget authority and $6,452,000,000 in 
     outlays; and
       ``(6) with respect to fiscal year 2007--
       ``(A) for the discretionary category, amounts of budget 
     authority and outlays necessary to adjust the discretionary 
     spending limits to reflect the changes in subparagraph (B) 
     and determined by the Chairman of the Budget Committee; and
       ``(B) for the violent crime reduction category: 
     $6,774,000,000 in new budget authority and $6,606,000,000 in 
     outlays;

     as adjusted in accordance with section 251(b) of the Balanced 
     Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 
     901(b)) and section 314 of the Congressional Budget Act of 
     1974;''.

              TITLE II--PROTECTING CHILDREN FROM VIOLENCE

                 Subtitle A--Gun Show Background Checks

     SECTION 201. SHORT TITLE.

       This subtitle may be cited as the ``Gun Show Background 
     Check Act of 2001''.

     SEC. 202. FINDINGS.

       Congress finds that--
       (1) more than 4,400 traditional gun shows are held annually 
     across the United States, attracting thousands of attendees 
     per show and hundreds of Federal firearms licensees and 
     nonlicensed firearms sellers;
       (2) traditional gun shows, as well as flea markets and 
     other organized events, at which a large number of firearms 
     are offered for sale by Federal firearms licensees and 
     nonlicensed firearms sellers, form a significant part of the 
     national firearms market;
       (3) firearms and ammunition that are exhibited or offered 
     for sale or exchange at gun shows, flea markets, and other 
     organized events move easily in and substantially affect 
     interstate commerce;
       (4) in fact, even before a firearm is exhibited or offered 
     for sale or exchange at a gun show, flea market, or other 
     organized event, the gun, its component parts, ammunition, 
     and the raw materials from which it is manufactured have 
     moved in interstate commerce;
       (5) gun shows, flea markets, and other organized events at 
     which firearms are exhibited or offered for sale or exchange, 
     provide a convenient and centralized commercial location at 
     which firearms may be bought and sold anonymously, often 
     without background checks and without records that enable gun 
     tracing;
       (6) at gun shows, flea markets, and other organized events 
     at which guns are exhibited or offered for sale or exchange, 
     criminals and other prohibited persons obtain guns without 
     background checks and frequently use guns that cannot be 
     traced to later commit crimes;
       (7) many persons who buy and sell firearms at gun shows, 
     flea markets, and other organized events cross State lines to 
     attend these events and engage in the interstate 
     transportation of firearms obtained at these events;
       (8) gun violence is a pervasive, national problem that is 
     exacerbated by the availability of guns at gun shows, flea 
     markets, and other organized events;
       (9) firearms associated with gun shows have been 
     transferred illegally to residents of another State by 
     Federal firearms licensees and nonlicensed firearms sellers, 
     and have been involved in subsequent crimes including drug 
     offenses, crimes of violence, property crimes, and illegal 
     possession of firearms by felons and other prohibited 
     persons; and
       (10) Congress has the power, under the interstate commerce 
     clause and other provisions of the Constitution of the United 
     States, to ensure, by enactment of this subtitle, that 
     criminals and other prohibited persons do not obtain firearms 
     at gun shows, flea markets, and other organized events.

     SEC. 203. EXTENSION OF BRADY BACKGROUND CHECKS TO GUN SHOWS.

       (a) Definitions.--Section 921(a) of title 18, United States 
     Code, is amended by adding at the end the following:
       ``(35) Gun show.--The term `gun show' means any event--

[[Page 12933]]

       ``(A) at which 50 or more firearms are offered or exhibited 
     for sale, transfer, or exchange, if 1 or more of the firearms 
     has been shipped or transported in, or otherwise affects, 
     interstate or foreign commerce; and
       ``(B) at which--
       ``(i) not less than 20 percent of the exhibitors are 
     firearm exhibitors;
       ``(ii) there are not less than 10 firearm exhibitors; or
       ``(iii) 50 or more firearms are offered for sale, transfer, 
     or exchange.
       ``(36) Gun show promoter.--The term `gun show promoter' 
     means any person who organizes, plans, promotes, or operates 
     a gun show.
       ``(37) Gun show vendor.--The term `gun show vendor' means 
     any person who exhibits, sells, offers for sale, transfers, 
     or exchanges 1 or more firearms at a gun show, regardless of 
     whether or not the person arranges with the gun show promoter 
     for a fixed location from which to exhibit, sell, offer for 
     sale, transfer, or exchange 1 or more firearms.''
       (b) Regulation of Firearms Transfers at Gun Shows.--
       (1) In general.--Chapter 44 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 931. Regulation of firearms transfers at gun shows

       ``(a) Registration of Gun Show Promoters.--It shall be 
     unlawful for any person to organize, plan, promote, or 
     operate a gun show unless that person--
       ``(1) registers with the Secretary in accordance with 
     regulations promulgated by the Secretary; and
       ``(2) pays a registration fee, in an amount determined by 
     the Secretary.
       ``(b) Responsibilities of Gun Show Promoters.--It shall be 
     unlawful for any person to organize, plan, promote, or 
     operate a gun show unless that person--
       ``(1) before commencement of the gun show, verifies the 
     identity of each gun show vendor participating in the gun 
     show by examining a valid identification document (as defined 
     in section 1028(d)(1)) of the vendor containing a photograph 
     of the vendor;
       ``(2) before commencement of the gun show, requires each 
     gun show vendor to sign--
       ``(A) a ledger with identifying information concerning the 
     vendor; and
       ``(B) a notice advising the vendor of the obligations of 
     the vendor under this chapter; and
       ``(3) notifies each person who attends the gun show of the 
     requirements of this chapter, in accordance with such 
     regulations as the Secretary shall prescribe; and
       ``(4) maintains a copy of the records described in 
     paragraphs (1) and (2) at the permanent place of business of 
     the gun show promoter for such period of time and in such 
     form as the Secretary shall require by regulation.
       ``(c) Responsibilities of Transferors Other Than 
     Licensees.--
       ``(1) In general.--If any part of a firearm transaction 
     takes place at a gun show, it shall be unlawful for any 
     person who is not licensed under this chapter to transfer a 
     firearm to another person who is not licensed under this 
     chapter, unless the firearm is transferred through a licensed 
     importer, licensed manufacturer, or licensed dealer in 
     accordance with subsection (e).
       ``(2) Criminal background checks.--A person who is subject 
     to the requirement of paragraph (1)--
       ``(A) shall not transfer the firearm to the transferee 
     until the licensed importer, licensed manufacturer, or 
     licensed dealer through which the transfer is made under 
     subsection (e) makes the notification described in subsection 
     (e)(3)(A); and
       ``(B) notwithstanding subparagraph (A), shall not transfer 
     the firearm to the transferee if the licensed importer, 
     licensed manufacturer, or licensed dealer through which the 
     transfer is made under subsection (e) makes the notification 
     described in subsection (e)(3)(B).
       ``(3) Absence of recordkeeping requirements.--Nothing in 
     this section shall permit or authorize the Secretary to 
     impose recordkeeping requirements on any nonlicensed vendor.
       ``(d) Responsibilities of Transferees Other Than 
     Licensees.--
       ``(1) In general.--If any part of a firearm transaction 
     takes place at a gun show, it shall be unlawful for any 
     person who is not licensed under this chapter to receive a 
     firearm from another person who is not licensed under this 
     chapter, unless the firearm is transferred through a licensed 
     importer, licensed manufacturer, or licensed dealer in 
     accordance with subsection (e).
       ``(2) Criminal background checks.--A person who is subject 
     to the requirement of paragraph (1)--
       ``(A) shall not receive the firearm from the transferor 
     until the licensed importer, licensed manufacturer, or 
     licensed dealer through which the transfer is made under 
     subsection (e) makes the notification described in subsection 
     (e)(3)(A); and
       ``(B) notwithstanding subparagraph (A), shall not receive 
     the firearm from the transferor if the licensed importer, 
     licensed manufacturer, or licensed dealer through which the 
     transfer is made under subsection (e) makes the notification 
     described in subsection (e)(3)(B).
       ``(e) Responsibilities of Licensees.--A licensed importer, 
     licensed manufacturer, or licensed dealer who agrees to 
     assist a person who is not licensed under this chapter in 
     carrying out the responsibilities of that person under 
     subsection (c) or (d) with respect to the transfer of a 
     firearm shall--
       ``(1) enter such information about the firearm as the 
     Secretary may require by regulation into a separate bound 
     record;
       ``(2) record the transfer on a form specified by the 
     Secretary;
       ``(3) comply with section 922(t) as if transferring the 
     firearm from the inventory of the licensed importer, licensed 
     manufacturer, or licensed dealer to the designated transferee 
     (although a licensed importer, licensed manufacturer, or 
     licensed dealer complying with this subsection shall not be 
     required to comply again with the requirements of section 
     922(t) in delivering the firearm to the nonlicensed 
     transferor), and notify the nonlicensed transferor and the 
     nonlicensed transferee--
       ``(A) of such compliance; and
       ``(B) if the transfer is subject to the requirements of 
     section 922(t)(1), of any receipt by the licensed importer, 
     licensed manufacturer, or licensed dealer of a notification 
     from the national instant criminal background check system 
     that the transfer would violate section 922 or would violate 
     State law;
       ``(4) not later than 10 days after the date on which the 
     transfer occurs, submit to the Secretary a report of the 
     transfer, which report--
       ``(A) shall be on a form specified by the Secretary by 
     regulation; and
       ``(B) shall not include the name of or other identifying 
     information relating to any person involved in the transfer 
     who is not licensed under this chapter;
       ``(5) if the licensed importer, licensed manufacturer, or 
     licensed dealer assists a person other than a licensee in 
     transferring, at 1 time or during any 5 consecutive business 
     days, 2 or more pistols or revolvers, or any combination of 
     pistols and revolvers totaling 2 or more, to the same 
     nonlicensed person, in addition to the reports required under 
     paragraph (4), prepare a report of the multiple transfers, 
     which report shall be--
       ``(A) prepared on a form specified by the Secretary; and
       ``(B) not later than the close of business on the date on 
     which the transfer occurs, forwarded to--
       ``(i) the office specified on the form described in 
     subparagraph (A); and
       ``(ii) the appropriate State law enforcement agency of the 
     jurisdiction in which the transfer occurs; and
       ``(6) retain a record of the transfer as part of the 
     permanent business records of the licensed importer, licensed 
     manufacturer, or licensed dealer.
       ``(f) Records of Licensee Transfers.--If any part of a 
     firearm transaction takes place at a gun show, each licensed 
     importer, licensed manufacturer, and licensed dealer who 
     transfers 1 or more firearms to a person who is not licensed 
     under this chapter shall, not later than 10 days after the 
     date on which the transfer occurs, submit to the Secretary a 
     report of the transfer, which report--
       ``(1) shall be in a form specified by the Secretary by 
     regulation;
       ``(2) shall not include the name of or other identifying 
     information relating to the transferee; and
       ``(3) shall not duplicate information provided in any 
     report required under subsection (e)(4).
       ``(g) Firearm Transaction Defined.--In this section, the 
     term `firearm transaction'--
       ``(1) includes the offer for sale, sale, transfer, or 
     exchange of a firearm; and
       ``(2) does not include the mere exhibition of a firearm.''.
       (2) Penalties.--Section 924(a) of title 18, United States 
     Code, is amended by adding at the end the following:
       ``(7)(A) Whoever knowingly violates section 931(a) shall be 
     fined under this title, imprisoned not more than 5 years, or 
     both.
       ``(B) Whoever knowingly violates subsection (b) or (c) of 
     section 931, shall be--
       ``(i) fined under this title, imprisoned not more than 2 
     years, or both; and
       ``(ii) in the case of a second or subsequent conviction, 
     such person shall be fined under this title, imprisoned not 
     more than 5 years, or both.
       ``(C) Whoever willfully violates section 931(d), shall be--
       ``(i) fined under this title, imprisoned not more than 2 
     years, or both; and
       ``(ii) in the case of a second or subsequent conviction, 
     such person shall be fined under this title, imprisoned not 
     more than 5 years, or both.
       ``(D) Whoever knowingly violates subsection (e) or (f) of 
     section 931 shall be fined under this title, imprisoned not 
     more than 5 years, or both.
       ``(E) In addition to any other penalties imposed under this 
     paragraph, the Secretary may, with respect to any person who 
     knowingly violates any provision of section 931--
       ``(i) if the person is registered pursuant to section 
     931(a), after notice and opportunity for a hearing, suspend 
     for not more than 6 months or revoke the registration of that 
     person under section 931(a); and

[[Page 12934]]

       ``(ii) impose a civil fine in an amount equal to not more 
     than $10,000.''.
       (3) Technical and conforming amendments.--Chapter 44 of 
     title 18, United States Code, is amended--
       (A) in the chapter analysis, by adding at the end the 
     following:

``931. Regulation of firearms transfers at gun shows.'';
     and
       (B) in the first sentence of section 923(j), by striking 
     ``a gun show or event'' and inserting ``an event''; and
       (c) Inspection Authority.--Section 923(g)(1) is amended by 
     adding at the end the following:
       ``(E) Notwithstanding subparagraph (B), the Secretary may 
     enter during business hours the place of business of any gun 
     show promoter and any place where a gun show is held for the 
     purposes of examining the records required by sections 923 
     and 931 and the inventory of licensees conducting business at 
     the gun show. Such entry and examination shall be conducted 
     for the purposes of determining compliance with this chapter 
     by gun show promoters and licensees conducting business at 
     the gun show and shall not require a showing of reasonable 
     cause or a warrant.''.
       (d) Increased Penalties for Serious Recordkeeping 
     Violations by Licensees.--Section 924(a)(3) of title 18, 
     United States Code, is amended to read as follows:
       ``(3)(A) Except as provided in subparagraph (B), any 
     licensed dealer, licensed importer, licensed manufacturer, or 
     licensed collector who knowingly makes any false statement or 
     representation with respect to the information required by 
     this chapter to be kept in the records of a person licensed 
     under this chapter, or violates section 922(m) shall be fined 
     under this title, imprisoned not more than 1 year, or both.
       ``(B) If the violation described in subparagraph (A) is in 
     relation to an offense--
       ``(i) under paragraph (1) or (3) of section 922(b), such 
     person shall be fined under this title, imprisoned not more 
     than 5 years, or both; or
       ``(ii) under subsection (a)(6) or (d) of section 922, such 
     person shall be fined under this title, imprisoned not more 
     than 10 years, or both.''.
       (e) Increased Penalties for Violations of Criminal 
     Background Check Requirements.--
       (1) Penalties.--Section 924(a) of title 18, United States 
     Code, is amended--
       (A) in paragraph (5), by striking ``subsection (s) or (t) 
     of section 922'' and inserting ``section 922(s)''; and
       (B) by adding at the end the following:
       ``(8) Whoever knowingly violates section 922(t) shall be 
     fined under this title, imprisoned not more than 5 years, or 
     both.''.
       (2) Elimination of certain elements of offense.--Section 
     922(t)(5) of title 18, United States Code, is amended by 
     striking ``and, at the time'' and all that follows through 
     ``State law''.
       (f) Gun Owner Privacy and Prevention of Fraud and Abuse of 
     System Information.--Section 922(t)(2)(C) of title 18, United 
     States Code, is amended by inserting before the period at the 
     end the following: ``, as soon as possible, consistent with 
     the responsibility of the Attorney General under section 
     103(h) of the Brady Handgun Violence Prevention Act to ensure 
     the privacy and security of the system and to prevent system 
     fraud and abuse, but in no event later than 90 days after the 
     date on which the licensee first contacts the system with 
     respect to the transfer''.
       (g) Effective Date.--This subtitle and the amendments made 
     by this subtitle shall take effect 180 days after the date of 
     enactment of this Act.

          Subtitle B--Gun Ban for Dangerous Juvenile Offenders

     SEC. 211. PERMANENT PROHIBITION ON FIREARMS TRANSFERS TO OR 
                   POSSESSION BY DANGEROUS JUVENILE OFFENDERS.

       (a) Definition.--Section 921(a)(20) of title 18, United 
     States Code, is amended--
       (1) by inserting ``(A)'' after ``(20)'';
       (2) by redesignating subparagraphs ``(A)'' and ``(B)'' as 
     clauses ``(i)'' and ``(ii), respectively'';
       (3) by inserting after subparagraph (A) the following:
       ``(B) For purposes of subsections (d) and (g) of section 
     922, the term `adjudicated delinquent' means an adjudication 
     of delinquency based upon a finding of the commission that an 
     act by a person prior to the eighteenth birthday of that 
     person, if committed by an adult, would be a serious drug 
     offense or violent felony (as defined in section 3559(c)(2) 
     of this title), on or after the date of enactment of this 
     paragraph.''; and
       (4) by striking ``What constitutes'' through the end and 
     inserting the following: ``What constitutes a conviction of 
     such a crime or an adjudication of delinquency shall be 
     determined in accordance with the law of the jurisdiction in 
     which the proceedings were held. Any State conviction or 
     adjudication of delinquency which has been expunged or set 
     aside or for which a person has been pardoned or has had 
     civil rights restored by the jurisdiction in which the 
     conviction or adjudication of delinquency occurred shall be 
     considered a conviction or adjudication of delinquency unless 
     (i) the expunction, set aside, pardon or restoration of civil 
     rights is directed to a specific person, (ii) the State 
     authority granting the expunction, set aside, pardon or 
     restoration of civil rights has expressly determined that the 
     circumstances regarding the conviction and the person's 
     record and reputation are such that the person will not act 
     in a manner dangerous to public safety, and (iii) the 
     expunction, set aside, pardon, or restoration of civil rights 
     expressly authorizes the person to ship, transport, receive 
     or possess firearms. The requirement of this subparagraph for 
     an individualized restoration of rights shall apply whether 
     or not, under State law, the person's civil rights were taken 
     away by virtue of the conviction or adjudication.''.
       (b) Prohibition.--Section 922 of title 18, United States 
     Code is amended--
       (1) in subsection (d)--
       (A) by striking ``or'' at the end of paragraph (8);
       (B) by striking the period at the end of paragraph (9) and 
     inserting ``; or;'' and
       (C) by inserting after paragraph (9) the following:
       ``(10) has been adjudicated delinquent.''; and
       (2) in subsection (g)--
       (A) by striking ``or'' at the end of paragraph (8);
       (B) by striking the comma at the end of paragraph (9) and 
     inserting ``; or'', and
       (C) by inserting after paragraph (9) the following:
       ``(10) who has been adjudicated delinquent,''.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section.

                     Subtitle C--Child Safety Locks

     SECTION 221. SHORT TITLE.

       This subtitle may be cited as the ``Child Safety Lock Act 
     of 2001''.

     SEC. 222. REQUIREMENT OF CHILD HANDGUN SAFETY LOCKS.

       (a) Definitions.--Section 921(a) of title 18, United States 
     Code, is amended by adding at the end the following:
       ``(38) The term `locking device' means a device or locking 
     mechanism--
       ``(A) that--
       ``(i) if installed on a firearm and secured by means of a 
     key or a mechanically, electronically, or electromechanically 
     operated combination lock, is designed to prevent the firearm 
     from being discharged without first deactivating or removing 
     the device by means of a key or mechanically, electronically, 
     or electromechanically operated combination lock;
       ``(ii) if incorporated into the design of a firearm, is 
     designed to prevent discharge of the firearm by any person 
     who does not have access to the key or other device designed 
     to unlock the mechanism and thereby allow discharge of the 
     firearm; or
       ``(iii) is a safe, gun safe, gun case, lock box, or other 
     device that is designed to store a firearm and that is 
     designed to be unlocked only by means of a key, a 
     combination, or other similar means; and
       ``(B) that is approved by a licensed firearms manufacturer 
     for use on the handgun with which the device or locking 
     mechanism is sold, delivered, or transferred.''.
       (b) Unlawful Acts.--
       (1) In general.--Section 922 of title 18, United States 
     Code, is amended by inserting after subsection (y) the 
     following:
       ``(z) Locking Devices.--
       ``(1) In general.--Except as provided in paragraph (2), it 
     shall be unlawful for any licensed manufacturer, licensed 
     importer, or licensed dealer to sell, deliver, or transfer 
     any handgun to any person other than a licensed manufacturer, 
     licensed importer, or licensed dealer, unless the transferee 
     is provided with a locking device for that handgun.
       ``(2) Exceptions.--Paragraph (1) does not apply to--
       ``(A) the--
       ``(i) manufacture for, transfer to, or possession by, the 
     United States or a State or a department or agency of the 
     United States, or a State or a department, agency, or 
     political subdivision of a State, of a firearm; or
       ``(ii) transfer to, or possession by, a law enforcement 
     officer employed by an entity referred to in clause (i) of a 
     firearm for law enforcement purposes (whether on or off 
     duty); or
       ``(B) the transfer to, or possession by, a rail police 
     officer employed by a rail carrier and certified or 
     commissioned as a police officer under the laws of a State of 
     a firearm for purposes of law enforcement (whether on or off 
     duty).''.
       (2) Effective date.--Section 922(y) of title 18, United 
     States Code, as added by this subsection, shall take effect 
     180 days after the date of enactment of this Act.
       (c) Liability; Evidence.--
       (1) Liability.--Nothing in this section shall be construed 
     to--
       (A) create a cause of action against any firearms dealer or 
     any other person for any civil liability; or
       (B) establish any standard of care.
       (2) Evidence.--Notwithstanding any other provision of law, 
     evidence regarding compliance or noncompliance with the 
     amendments made by this section shall not be admissible

[[Page 12935]]

     as evidence in any proceeding of any court, agency, board, or 
     other entity, except with respect to an action to enforce 
     this section.
       (3) Rule of construction.--Nothing in this subsection shall 
     be construed to bar a governmental action to impose a penalty 
     under section 924(p) of title 18, United States Code, for a 
     failure to comply with section 922(y) of that title.
       (d) Civil Penalties.--Section 924 of title 18, United 
     States Code, is amended--
       (1) in subsection (a)(1), by striking ``or (f)'' and 
     inserting ``(f), or (p)''; and
       (2) by adding at the end the following:
       ``(p) Penalties Relating to Locking Devices.--
       ``(1) In general.--
       ``(A) Suspension or revocation of license; civil 
     penalties.--With respect to each violation of section 
     922(y)(1) by a licensee, the Secretary may, after notice and 
     opportunity for a hearing--
       ``(i) suspend or revoke any license issued to the licensee 
     under this chapter; or
       ``(ii) subject the licensee to a civil penalty in an amount 
     equal to not more than $10,000.
       ``(B) Review.--An action of the Secretary under this 
     paragraph may be reviewed only as provided in section 923(f).
       ``(2) Administrative remedies.--The suspension or 
     revocation of a license or the imposition of a civil penalty 
     under paragraph (1) does not preclude any administrative 
     remedy that is otherwise available to the Secretary.''.

     SEC. 223. AMENDMENT OF CONSUMER PRODUCT SAFETY ACT.

       (a) In General.--The Consumer Product Safety Act (15 U.S.C. 
     2051 et seq.) is amended by adding at the end the following:

     ``SEC. 38. CHILD HANDGUN SAFETY LOCKS.

       ``(a) Establishment of Standard.--
       ``(1) In general.--
       ``(A) Rulemaking required.--Notwithstanding section 
     3(a)(1)(E) of this Act, the Commission shall initiate a 
     rulemaking proceeding under section 553 of title 5, United 
     States Code, within 90 days after the date of enactment of 
     the Child Safety Lock Act of 2001 to establish a consumer 
     product safety standard for locking devices. The Commission 
     may extend the 90-day period for good cause. Notwithstanding 
     any other provision of law, including chapter 5 of title 5, 
     United States Code, the Commission shall promulgate a final 
     consumer product safety standard under this paragraph within 
     12 months after the date on which it initiated the 
     rulemaking. The Commission may extend that 12-month period 
     for good cause. The consumer product safety standard 
     promulgated under this paragraph shall take effect 6 months 
     after the date on which the final standard is promulgated.
       ``(B) Standard requirements.--The standard promulgated 
     under subparagraph (A) shall require locking devices that--
       ``(i) are sufficiently difficult for children to deactivate 
     or remove; and
       ``(ii) prevent the discharge of the handgun unless the 
     locking device has been deactivated or removed.
       ``(2) Certain provisions not to apply.--
       ``(A) Provisions of this act.--Sections 7, 9, and 30(d) of 
     this Act do not apply to the rulemaking proceeding under 
     paragraph (1). Section 11 of this Act does not apply to any 
     consumer product safety standard promulgated under paragraph 
     (1).
       ``(B) Chapter 5 of title 5.--Except for section 553, 
     chapter 5 of title 5, United States Code, does not apply to 
     this section.
       ``(C) Chapter 6 of title 5.--Chapter 6 of title 5, United 
     States Code, does not apply to this section.
       ``(D) National environmental policy act.--The National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321) does not 
     apply to this section.
       ``(b) No Effect on State Law.--Notwithstanding section 26 
     of this Act, this section does not annul, alter, impair, 
     affect, or exempt any person subject to the provisions of 
     this section from complying with any provision of the law of 
     any State or any political subdivision of a State, except to 
     the extent that such provisions of State law are inconsistent 
     with any provision of this section, and then only to the 
     extent of the inconsistency. A provision of State law is not 
     inconsistent with this section if such provision affords 
     greater protection to children with respect to handguns than 
     is afforded by this section.
       ``(c) Enforcement.--Notwithstanding subsection (a)(2)(A), 
     the consumer product safety standard promulgated by the 
     Commission under subsection (a) shall be enforced under this 
     Act as if it were a consumer product safety standard 
     described in section 7(a).
       ``(d) Definitions.--In this section:
       ``(1) Child.--The term `child' means an individual who has 
     not attained the age of 13 years.
       ``(2) Locking device.--The term `locking device' has the 
     meaning given that term in clauses (i) and (iii) of section 
     921(a)(38)(A) of title 18, United States Code.''.
       (b) Conforming Amendment.--Section 1 of the Consumer 
     Product Safety Act is amended by adding at the end of the 
     table of contents the following:
  ``Sec. 38. Child handgun safety locks.''.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Consumer Product Safety Commission 
     $2,000,000 to carry out the provisions of section 38 of the 
     Consumer Product Safety Act, such sums as necessary to remain 
     available until expended.

  Mr. KOHL. Mr. President, I rise today with Senator Biden to introduce 
the Juvenile Crime Prevention and Control Act of 2001.
  This bill is an important step forward in the debate on juvenile 
justice. It is a comprehensive approach that recognizes prevention and 
enforcement are indispensable partners in combating juvenile crime. 
This bill addresses the issues most important to our communities, to 
the police, to the teachers, to the social workers, and most 
importantly, to the at-risk children whom we need to help. The 
legislation does this by giving crime prevention programs the priority, 
attention, and funding they deserve while recognizing that enforcement 
programs are indispensable to safer communities.
  Let me focus on one part of the legislation. The Juvenile Crime 
Prevention and Control Act increases the authorization of Title V, the 
Community Prevention Grant program, to $250 million. I worked closely 
with Senator Hank Brown to create the Title V program in 1992 because 
we listened to local law enforcement experts who told us that 
prevention works. Almost a decade later, they still say the same thing: 
a crime bill without adequate prevention is only a half-measure. That's 
just common sense.
  Congress has slowly realized the merits of crime prevention funding. 
Since 1992, funding for Title V has increased from $20 million to $95 
million. Unfortunately, almost two-thirds of that money has been 
consistently earmarked for purposes other than crime and delinquency 
prevention. The bill remedies this problem by ensuring that at least 75 
percent of all Title V Community Prevention Grants be spent on pure 
prevention and not set aside for other purposes.
  We now know that crime prevention programs like Title V work. Studies 
prove that crime prevention programs mean less crime. For example, a 
RAND Study found that crime prevention efforts were three times more 
cost-effective than increased punishment. A study of the Big Brothers/
Big Sisters' mentoring program showed that mentees were 46 percent less 
likely to use drugs, 27 percent less likely to use alcohol, 33 percent 
less likely to commit assault, and skipped 50 percent fewer days of 
school. A University of Wisconsin study of 64 after-school programs 
found that participating children became better students and developed 
improved conflict resolution skills; in addition, vandalism decreased 
at one third of the schools that participated in the programs.
  One of the reasons these programs work is that Title V is designed to 
let the people with the real expertise do what they know best. Title V 
is a flexible program of direct local grants. The flexibility permits 
each locality, through a local planning board of experts from the 
community, to determine how to best fight juvenile crime and 
delinquency. Title V trusts each community to address its unique 
problems.
  Law enforcement officials appreciate the importance of juvenile crime 
prevention programs and crave more. Last year, I surveyed every sheriff 
and chief of police in Wisconsin and found that 100 percent of 
Wisconsin's sheriffs and 100 percent of the police chiefs of 
Wisconsin's largest cities who responded to the questionnaire believe 
more Federal money needs to be spent on crime prevention programs. 
Similarly, more than 80 percent of the police chiefs of small and mid-
size cities in Wisconsin want more prevention funding.
  When asked how much of Federal juvenile crime funding should go to 
prevention, these same law enforcement officials answer that close to 
40 percent should be spent on prevention programs, far more than the 
current level of prevention funding. The Juvenile Crime Prevention and 
Control Act of 2001 listens to what local law enforcement experts have 
been telling us for years and addresses their needs.
  Of course, prevention is not the sole answer to juvenile crime. 
Indeed, we need a comprehensive crime-fighting strategy aimed at 
juvenile offenders and potential offenders, from violent

[[Page 12936]]

predators to children at-risk of becoming delinquent. This legislation 
understands that. Tough law enforcement plays an essential role. 
Certain violent juveniles should be incarcerated, and hopefully 
rehabilitated, and this bill provides the States with sufficient funds 
to get them off the streets and safeguard our communities.
  Finally, no sensible juvenile crime fighting strategy is complete if 
it does not address the toxic combination of children and guns. This 
bill does that as well by mandating the sale of child safety locks with 
every handgun and insisting that those locks are designed well enough 
to work as intended.
  Each year, teenagers and children are involved in more than 10,000 
accidental shootings in which close to 800 people die. In addition, 
every year 1,300 children use firearms to commit suicide. Safety locks 
can be effective in deterring some of these incidents and in preventing 
others.
  The sad truth is that we are inviting disaster every time an unlocked 
gun is stored but is still easily accessible to children. In fact, guns 
are kept in 43 percent of American households with children. In 23 
percent of the gun households, the guns are kept loaded. And, in one 
out of every eight of those homes the guns are left unlocked.
  During the last decade, crime rates, including juvenile crime rates, 
have decreased. Since 1994, the juvenile arrest rate for violent crime 
has dropped 36 percent. Nonetheless, the public perceives that juvenile 
crime is a growing problem, especially school violence.
  We need to remain vigilant and think creatively about how to maintain 
this trend in falling juvenile crime. This measure provides a 
comprehensive approach. Prevention, enforcement, and keeping guns out 
of the hands of children are three essential elements to a common sense 
juvenile crime strategy.
                                 ______
                                 
      By Mr. BINGAMAN (for himself and Mr. DeWine):
  S. 1166. A bill to establish the Next Generation Lighting Initiative 
at the Department of Energy, and for other purposes; to the Committee 
on Energy and Natural Resources.
  Mr. BINGAMAN. Mr. President, I rise today with Senator DeWine to 
introduce a bill authorizing the Secretary of Energy to lead the United 
States into the next generation of lighting technology. If this bill is 
enacted, I believe it will allow us not only to maintain a world 
leadership role that Thomas Edison started, but promote efficiency 
advances in a market which consumes 19 percent of our electrical energy 
supply.
  Lighting is a 40-billion-dollar global industry. The United States 
occupies roughly one-third of that market. It's an extremely 
competitive industry whose technology has been well established over 
the course of 80 years. Today's lighting market primarily consists of 
two technologies. The first technology is incandescent lighting, it's 
the one Thomas Edison invented over 100 years ago. Incandescent 
lighting relies on running a current through a wire to heat it up and 
illuminate your surroundings. Only 5 percent of the electricity in a 
conventional bulb is converted into visible light. The second type of 
lighting is fluorescent lights, which use a combination of chemical 
vapors, mainly mercury, to discharge light when current is passed 
through it. Flourescent lights are six times more efficient than a 
light bulb.
  As I have mentioned, today's lighting uses up about 19 percent of our 
electricity supply. In 1998, lighting electricity cost about 47 billion 
dollars which accounted for about 100 million tons of carbon equivalent 
from fossil energy plants.
  Today, this paradigm is changing, because some scientists recently 
made a leap ahead in lighting research. Technology leaps displace, very 
quickly, traditional markets. We know the stories all too well, the 
horse courier, the telegraph, the telephone and finally the Internet.
  That is why Senator DeWine and I are proposing this legislation, 
because some advances have been made in the areas of solid state 
lighting that require a national investment that no one lighting 
industry can match. This emerging technology has the capability to 
disrupt our existing lighting markets. So quickly in fact, that other 
countries have formed consortia between their governments, industries, 
laboratories and universities. Solid state lighting is being taken very 
seriously around the world.
  Let me describe solid state lighting. The best examples are red light 
emitting diodes, or ``LED's'', found in digital clocks. LED's produce 
only one color but they do not burn up a wire like a bulb and are seven 
times more efficient.
  Until recently LED's were limited to yellow or red. That all changed 
in 1995. In 1995, some Japanese researchers developed a blue LED. Soon 
other bright colors started to emerge, such as green. That is when 
things started to change. Because, white light is a combination of red, 
blue, the recent Japanese breakthrough, and green or yellow. The recent 
Japanese breakthrough of that simple blue LED has now made it possible 
to produce white light from LED's ten times more efficient than a light 
bulb.
  If it is successful, white light LED's will revolutionize lighting 
technology and will disrupt the existing industries. It's imperative 
that we move quickly on these advances. We need a consortia between our 
government, industry, research labs and academia to develop the 
necessary pre-competitive research to maintain our leadership role in 
this field.
  I would like to mention one other technology that will change 
lighting. That technology is found in your cell phone and on your 
computer screen. It's called conductive polymers. Three Nobel Prizes 
were just awarded for this technology. Conductive polymers offer the 
possibility of covering large surface areas and replacing fluorescent 
lamps. These materials will not only provide white light, but like your 
computer screen, display text or programmed color pictures. These 
technologies can be Internet controlled to adjust building lighting 
across the country.
  Given these advances, I would like to describe the Next Generation 
Lighting Initiative Act. If enacted, it will move our country to 
capture these revolutionary mergers between lighting and information. 
It will supply the necessary pre-competitive R&D which no one industry 
alone can provide, and, which we as holders of the public trust of 
basic research owe a duty to further. It will keep the United States in 
a leadership role of commercial lighting while promoting energy 
efficiency that can either be ten times that of incandescent lights or 
twice that of fluorescent lights. We need to enact this legislation 
now.
  The Next Generation Lighting Initiative authorizes the Department of 
Energy to grant up to $480 million over ten years to a consortium of 
the United States lighting industry and research institutions. The 
goals of the Act are to have a 25 percent penetration of solid state 
lighting into the commercial markets by the year 2012. The Next 
Generation's consortium, will perform the basic and manufacturing 
research. The lighting industry will take this R&D and develop the 
necessary technologies to make it commercially viable.
  This is precompetitive research. It is research that no one industry 
by itself can achieve and which we have a duty to promote together with 
industry. It has implications for our country's energy policy far 
broader than economic competitiveness. It is the reduction in energy 
consumption that makes it a national initiative. Once the pre-
competitive research is transitioned to industry then it should be 
terminated, we think that will take about 10 years.
  If this initiative is successful, then by 2025, it can reduce our 
energy consumption by roughly 17 billion watts of power or the need for 
17 large electricity generating plants. That's as much as 17 million 
homes consume in a single day. That's more homes than in California, 
Oregon, and Washington combined.
  So let me conclude that the Next Generation Lighting Initiative will 
carry the U.S. lighting industry into the twenty first century. It 
capitalizes on technologies that have emerged

[[Page 12937]]

only five years ago but have the potential to quickly displace our 
lighting industry. This Initiative will reduce our nation's energy 
consumption and greenhouse gas emission. The research necessary to 
advance this technology requires a national investment that must be in 
partnership with industry.
  I encourage my colleagues to review this bill, offer their comments, 
and, join Senator DeWine and me in its bipartisan support. I ask 
unanimous consent that the text of the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1166

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as ``Next Generation Lighting 
     Initiative Act''.

     SEC. 2. FINDING.

       Congress finds that it is in the economic and energy 
     security interests of the United States to encourage the 
     development of white light emitting diodes by providing 
     financial assistance to firms, or a consortium of firms, and 
     supporting research organizations in the lighting development 
     sectors.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Consortium.--The term ```consortium'' means the Next 
     Generation Lighting Initiative Consortium established under 
     section 5(b).
       (2) Inorganic white light emitting diode.--The term 
     ``inorganic white light emitting diode'' means a 
     semiconducting package that produces white light using 
     externally applied voltage.
       (3) Lighting initiative.--The term ``Lighting Initiative'' 
     means the Next Generation Lighting Initiative established by 
     section 4(a).
       (4) Organic white light emitting diode.--The term ``organic 
     white light emitting diode'' means an organic semiconducting 
     compound that produces white light using externally applied 
     voltage.
       (5) Planning board.--The term ``planning board'' means the 
     Next Generation Lighting Initiative Planning Board 
     established under section 5(a).
       (6) Research organization.--The term ``research 
     organization'' means an organization that performs or 
     promotes research, development, and demonstration activities 
     with respect to white light emitting diodes.
       (7) Secretary.--The term ``Secretary'' means the Secretary 
     of Energy, acting through the Assistant Secretary of Energy 
     for Energy Efficiency and Renewable Energy.
       (8) White light emitting diode.--The term ``white light 
     emitting diode'' means--
       (A) an inorganic white light emitting diode; and
       (B) an organic white light emitting diode.

     SEC. 4. NEXT GENERATION LIGHTING INITIATIVE.

       (a) Establishment.--There is established in the Department 
     of Energy a lighting initiative to be known as the ``Next 
     Generation Lighting Initiative'' to research, develop, and 
     conduct demonstration activities on white light emitting 
     diodes.
       (b) Objectives.--
       (1) In general.--The objectives of the Lighting Initiative 
     shall be to develop, by 2011, white light emitting diodes 
     that, compared to incandescent and fluorescent lighting 
     technologies, are--
       (A) longer lasting;
       (B) more energy-efficient; and
       (C) cost-competitive.
       (2) Inorganic white light emitting diode.--The objective of 
     the Lighting Initiative with respect to inorganic white light 
     emitting diodes shall be to develop an inorganic white light 
     emitting diode that has an efficiency of 160 lumens per watt 
     and a 10-year lifetime.
       (3) Organic white light emitting diode.--The objective of 
     the Lighting Initiative with respect to organic white light 
     emitting diodes shall be to develop an organic white light 
     emitting diode with an efficiency of 100 lumens per watt with 
     a 5-year lifetime that--
       (A) illuminates over a full color spectrum;
       (B) covers large areas over flexible surfaces; and
       (C) does not contain harmful pollutants typical of 
     fluorescent lamps such as mercury.

     SEC. 5. ADMINISTRATION.

       (a) Planning Board.--
       (1) In general.--The Secretary shall establish a planning 
     board, to be known as the ``Next Generation Lighting 
     Initiative Planning Board'', to assist the Secretary in 
     developing and implementing the Lighting Initiative.
       (2) Composition.--The planning board shall be composed of--
       (A) 4 members from universities, national laboratories, and 
     other individuals with expertise in white lighting, to be 
     appointed by the Secretary; and
       (B) 3 members nominated by the consortium and appointed by 
     the Secretary.
       (3) Study.--
       (A) In general.--Not later than 180 days after the date of 
     enactment of this Act, the planning board shall complete a 
     study on strategies for the development and implementation of 
     white light emitting diodes.
       (B) Requirements.--The study shall--
       (i) develop a comprehensive strategy to implement, through 
     the Lighting Initiative, the use of white light emitting 
     diodes to increase energy efficiency and enhance United 
     States competitiveness; and
       (ii) identify the research and development, manufacturing, 
     deployment, and marketing barriers that must be overcome to 
     achieve a goal of a 25 percent market penetration by white 
     light emitting diode technologies into the incandescent and 
     fluorescent lighting markets by the year 2012.
       (C) Implementation.--As soon as practicable after the study 
     is submitted to the Secretary, the Secretary shall implement 
     the Lighting Initiative in accordance with the 
     recommendations of the planning board.
       (b) Consortium.--
       (1) In general.--The Secretary shall solicit the 
     establishment of a consortium, to be known as the ``Next 
     Generation Lighting Initiative Consortium'', to initiate and 
     manage basic and manufacturing related research contracts on 
     white light emitting diodes for the Lighting Initiative.
       (2) Composition.--The consortium may be composed of firms, 
     national laboratories, and other entities so that the 
     consortium is representative of the United States solid state 
     lighting industry as a whole.
       (3) Funding.--The consortium shall be funded by--
       (A) membership fees; and
       (B) grants provided under section 6.

     SEC. 6. GRANT PROGRAM.

       (a) In General.--The Secretary shall make grants to firms, 
     the consortium, and research organizations to conduct 
     research, development, and demonstration projects related to 
     white light emitting diode technologies.
       (b) Requirements.--To be eligible to receive a grant under 
     this section, a consortium shall--
       (1) enter into a consortium participation agreement that--
       (A) is agreed to by all members; and
       (B) describes the responsibilities of participants, 
     membership fees, and the scope of research activities; and
       (2) develop a Lighting Initiative annual program plan.
       (c) Annual Review.--
       (1) In general.--An annual independent review of firms, the 
     consortium, and research organizations receiving a grant 
     under this section shall be conducted by--
       (A) a committee appointed by the Secretary under the 
     Federal Advisory Committee Act (5 U.S.C. App.); or
       (B) a committee appointed by the National Academy of 
     Sciences.
       (2) Requirements.--Using clearly defined standards 
     established by the Secretary, the review shall assess 
     technology advances and commercial applicability of--
       (A) the activities of the firms, consortium, or research 
     organizations during each fiscal year of the grant program; 
     and
       (B) the goals of the firms, consortium, or research 
     organizations for the next fiscal year in the annual program 
     plan developed under subsection (b)(2).
       (d) Allocation and Cost Sharing.--
       (1) In general.--The amount of funds made available for any 
     fiscal year to provide grants under this section shall be 
     allocated in accordance with paragraphs (2) and (3).
       (2) Research projects.--Funding for basic and manufacturing 
     research projects shall be allocated to the consortium.
       (3) Development, deployment, and demonstration projects.--
     Funding for development, deployment, and demonstration 
     projects shall be allocated to members of the consortium.
       (4) Cost sharing.--Non-federal cost sharing shall be in 
     accordance with section 3002 of the Energy Policy Act of 1992 
     (42 U.S.C. 13542).
       (e) Technical and Financial Assistance.--The national 
     laboratories and other pertinent Federal agencies shall 
     cooperate with and provide technical and financial assistance 
     to firms, the consortium, and research organizations 
     conducting research, development, and demonstration projects 
     carried out under this section.
       (f) Audits.--
       (1) In general.--The Secretary shall retain an independent, 
     commercial auditor to determine the extent to which funds 
     made available under this Act have been expended in a manner 
     that is consistent with the objectives under section 4(b) and 
     the annual operating plan of the consortium developed under 
     subsection (b)(2).
       (2) Reports.--The auditor shall submit to Congress, the 
     Secretary, and the Comptroller General of the United States 
     an annual report containing the results of the audit.
       (g) Applicable Law.--The Lighting Initiative shall not be 
     subject to the Federal Acquisition Regulation.

     SEC. 7. PROTECTION OF INFORMATION.

       Information obtained by the Federal Government on a 
     confidential basis under this Act shall be considered to 
     constitute trade secrets and commercial or financial 
     information obtained from a person and privileged or 
     confidential under section 552(b)(4) of title 5, United 
     States Code.

[[Page 12938]]



     SEC. 8. INTELLECTUAL PROPERTY.

       Members of the consortium shall have royalty-free 
     nonexclusive rights to use intellectual property derived from 
     consortium research conducted under this Act.

     SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There are authorized to be appropriated to 
     carry out this Act--
       (1) $30,000,000 for fiscal year 2002; and
       (2) $50,000,000 for each of fiscal years 2003 through 2011.
       (b) Availability.--Amounts made available under this 
     section shall remain available until expended.
                                 ______
                                 
      By Mrs. FEINSTEIN (for herself and Mr. Hagel):
  S. 1167. A bill to amend the Immigration and Nationality Act to 
permit the substitution of an alternative close family sponsor in the 
case of the death of the person petitioning for an alien's admission to 
the United States; to the Committee on the Judiciary.
  Mrs. FEINSTEIN. Mr. President, I am pleased to introduce on behalf of 
myself and Mr. Hagel, the Family Sponsor Immigration Act of 2001. This 
legislation would address the situation of those whose U.S. sponsor 
dies while they have the chance to adjust status or receive an 
immigrant visa.
  Under current law, a family member who petitions for a relative to 
receive an immigrant visa must sign a legally binding affidavit of 
support promising to provide for the support of the immigrant. This is 
the last step before a green card is issued. If the family sponsor dies 
while the green card application is pending, the applicant is forced to 
find a new sponsor and restart the application process, usually a 7- to 
8-year process, or face deportation.
  The legislation I have introduced today would correct this anomaly in 
the law by permitting another family member to stand in for the 
deceased sponsor and sign the affidavit. Without this legislation, 
another relative who qualifies as a family sponsor would have to file a 
new immigrant visa petition on behalf of the relative and the relative 
would have to go to the end of the line if the visa category is 
numerically limited. Thus, the beneficiary would lose his priority date 
for a visa based on the filing of the first petition, and in some 
cases, face deportation.
  With the passage of this legislation, even though there may be a 
different sponsor, the beneficiary would not lose his or her priority 
date to be admitted as a permanent resident of the United States. Nor 
will the beneficiary be subject to deportation even though they meet 
all the requirements for an immigrant visa.
  A classic example of this situation was presented to my office just 
recently. Earlier this year I introduced a private bill on behalf of 
Zhenfu Ge, a 73-year-old Chinese grandmother whose daughter died before 
the Immigration and Naturalization Service, INS, was able to complete 
the final stage of application process: her interview. As a result, her 
immigration application is no longer valid and she is now subject to 
deportation. The private bill I introduced would allow her to adjust 
her status, given that she has met all the requirements for a visa.
  In previous years, I have introduced other private bills which 
eventually became law. One bill was on behalf of Suchada Kwong, whose 
husband was killed in a car accident just weeks before her final 
interview with the INS. In 1997, I introduced a private bill on behalf 
of Jasmin Salehi, a Korean immigrant who became ineligible for 
permanent residency after her husband was murdered at a Denny's in 
Reseda, California, where he worked as a manager.
  In all of these cases, a family's grief was compounded by the 
prospect of the deportation of a family member, who had met all the 
requirements for a green card. This legislation is an efficient way to 
alleviate the need for private legislation under these circumstances by 
making the law more just for those who have chosen to become immigrants 
in our country through the legal process.
  We introduce the ``Family Immigration Act of 2001,'' in the hopes 
that it will go further to alleviate some of hardships families face 
when confronted by the untimely death of a sponsor. Similar legislation 
has gained bipartisan support in the House of Representatives. I look 
forward to working with my colleagues to move it quickly through the 
Senate.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1167

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Family Sponsor Immigration 
     Act of 2001''.

     SEC. 2. SUBSTITUTION OF ALTERNATIVE SPONSOR IF ORIGINAL 
                   SPONSOR HAS DIED.

       (a) Permitting Substitution of Alternative Close Family 
     Sponsor in Case of Death of Petitioner.--
       (1) Recognition of alternative sponsor.--Section 213A(f)(5) 
     of the Immigration and Nationality Act (8 U.S.C. 1183a(f)(5)) 
     is amended to read as follows:
       ``(5) Non-petitioning cases.--Such term also includes an 
     individual who does not meet the requirement of paragraph 
     (1)(D) but who--
       ``(A) accepts joint and several liability with a 
     petitioning sponsor under paragraph (2) or relative of an 
     employment-based immigrant under paragraph (4) and who 
     demonstrates (as provided under paragraph (6)) the means to 
     maintain an annual income equal to at least 125 percent of 
     the Federal poverty line; or
       ``(B) is a spouse, parent, mother-in-law, father-in-law, 
     sibling, child (if at least 18 years of age), son, daughter, 
     son-in-law, daughter-in-law, brother-in-law, sister-in-law, 
     grandparent, or grandchild of a sponsored alien or a legal 
     guardian of a sponsored alien, meets the requirements of 
     paragraph (1) (other than subparagraph (D)), and executes an 
     affidavit of support with respect to such alien in a case in 
     which--
       ``(i) the individual petitioning under section 204 for the 
     classification of such alien died after the approval of such 
     petition; and
       ``(ii) the Attorney General has determined for humanitarian 
     reasons that revocation of such petition under section 205 
     would be inappropriate.''.
       (2) Conforming amendment permitting substitution.--Section 
     212(a)(4)(C)(ii) of such Act (8 U.S.C. 1182(a)(4)(C)(ii)) is 
     amended by striking ``(including any additional sponsor 
     required under section 213A(f))'' and inserting ``(and any 
     additional sponsor required under section 213A(f) or any 
     alternative sponsor permitted under paragraph (5)(B) of such 
     section)''.
       (3) Additional conforming amendments.--Section 213A(f) of 
     such Act (8 U.S.C. 1183a(f)) is amended, in each of 
     paragraphs (2) and (4)(B)(ii), by striking ``(5).'' and 
     inserting ``(5)(A).''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall apply with respect to deaths occurring before, on, or 
     after the date of the enactment of this Act, except that, in 
     the case of a death occurring before such date, such 
     amendments shall apply only if--
       (1) the sponsored alien--
       (A) requests the Attorney General to reinstate the 
     classification petition that was filed with respect to the 
     alien by the deceased and approved under section 204 of the 
     Immigration and Nationality Act (8 U.S.C. 1154) before such 
     death; and
       (B) demonstrates that he or she is able to satisfy the 
     requirement of section 212(a)(4)(C)(ii) of such Act (8 U.S.C. 
     1182(a)(4)(C)(ii)) by reason of such amendments; and
       (2) the Attorney General reinstates such petition after 
     making the determination described in section 
     213A(f)(5)(B)(ii) of such Act (as amended by such 
     subsection).

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