[House Report 104-783]
[From the U.S. Government Publishing Office]



104th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 2d Session                                                     104-783
_______________________________________________________________________


 
     JUVENILE CRIME CONTROL AND DELINQUENCY PREVENTION ACT OF 1996

                                _______
                                

 September 12, 1996.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

     Mr. Goodling, from the Committee on Economic and Educational 
                 Opportunities, submitted the following

                              R E P O R T

                             together with

                     MINORITY AND ADDITIONAL VIEWS

                        [To accompany H.R. 3876]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Economic and Educational Opportunities, to 
whom was referred the bill (H.R. 3876) to amend the Juvenile 
Justice and Delinquency Prevention Act of 1974 to authorize 
appropriations for fiscal years 1997, 1998, 1999, and 2000; and 
for other purposes, having considered the same, report 
favorably thereon with an amendment and recommend that the bill 
as amended do pass.
  The amendment is as follows:
  Strike out all after the enacting clause and insert in lieu 
thereof the following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``Juvenile Crime 
Control and Delinquency Prevention Act of 1996''.
  (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.

TITLE I--AMENDMENTS TO JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT 
                                OF 1974

Sec. 101. Findings.
Sec. 102. Purpose.
Sec. 103. Definitions.
Sec. 104. Name of office.
Sec. 105. Concentration of Federal effort.
Sec. 106. Coordinating Council on Juvenile Justice and Delinquency 
Prevention.
Sec. 107. Annual report.
Sec. 108. Allocation.
Sec. 109. State plans.
Sec. 110. National Institute for Juvenile Justice and Delinquency 
Prevention.
Sec. 111. Research, demonstration, and evaluation functions.
Sec. 112. Technical assistance and training functions.
Sec. 113. Establishment of training program.
Sec. 114. Curriculum for training program.
Sec. 115. Special studies and reports.
Sec. 116. Grants and contracts for special emphasis prevention and 
treatment programs.
Sec. 117. Considerations for approval of applications.
Sec. 118. Gang-free schools and communities.
Sec. 119. State challenge activities.
Sec. 120. Repealers.
Sec. 121. Authorization of appropriations.
Sec. 122. Administrative authority.
Sec. 123. Use of funds.
Sec. 124. Technical and conforming amendments.


         TITLE II--AMENDMENTS TO THE RUNAWAY AND HOMELESS YOUTH

Sec. 201. Findings.
Sec. 202. Authority to make grants for centers and services.
Sec. 203. Eligibility.
Sec. 204. Approval of applications.
Sec. 205. Authority for transitional living grant program.
Sec. 206. Authority to make grants for research, demonstration, and 
service projects.
Sec. 207. Temporary demonstration projects to provide services to youth 
in rural areas.
Sec. 208. Sexual abuse prevention program.
Sec. 209. Assistance to potential grantees.
Sec. 210. Reports.
Sec. 211. Evaluation.
Sec. 212. Authorization of appropriations.
Sec. 213. Consolidated review of applications.
Sec. 214. Definitions.
Sec. 215. Redesignation of sections.
Sec. 216. Technical amendment.

     TITLE III--AMENDMENTS TO THE MISSING CHILDREN'S ASSISTANCE ACT

Sec. 301. Authorization of appropriations.
Sec. 302. Special study and report.

  TITLE IV--INCENTIVE GRANTS FOR LOCAL DELINQUENCY PREVENTION PROGRAMS

Sec. 401. Duties and functions of the Administrator.
Sec. 402. Grants for prevention programs.
Sec. 403. Repeal of definition.
Sec. 404. Authorization of appropriations.

                      TITLE V--GENERAL PROVISIONS

Sec. 501. Effective date; application of amendments.

TITLE I--AMENDMENTS TO JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT 
                                OF 1974

SEC. 101. FINDINGS.

  Section 101 of the Juvenile Justice and Delinquency Prevention Act of 
1974 (42 U.S.C. 5601) is amended to read as follows:
                               ``findings
  ``Sec. 101. (a) The Congress finds the following:
          ``(1) There has been a dramatic increase in juvenile crime, 
        particularly violent crime. Weapons offenses and homicides are 
        the 2 fastest growing violent crimes committed by juveniles, 
        and offenders under the age of 21 committing more than \1/4\ of 
        all violent crime.
          ``(2) This problem should be addressed through a 2-track 
        common sense approach that addresses the needs of individual 
        juveniles and society at large by promoting--
                  ``(A) quality prevention programs that--
                          ``(i) work with juveniles, their families, 
                        community-based organizations, take into 
                        consideration such factors as whether or not 
                        juveniles have been the victims of family 
                        violence (including child abuse and neglect); 
                        and
                          ``(ii) are designed to provide juveniles with 
                        the education and other skills they need to 
                        prevent their involvement in delinquency 
                        activities; and
                  ``(B) programs that assist in holding juveniles 
                accountable for their actions, including a system of 
                graduated sanctions for each delinquent act, requiring 
                juveniles to make restitution for the damage caused by 
                their delinquent acts, and methods for increasing 
                victim satisfaction with respect to the penalties 
                imposed on juveniles for their acts.
  ``(b) Congress must act now to reform this program by focusing on 
juvenile delinquency prevention programs, as well as programs that hold 
juveniles accountable for their acts. Without true reform, the criminal 
justice system will not be able to overcome the challenges it will face 
in the coming years when the number of juveniles is expected to 
increase by 30 percent.''.

SEC. 102. PURPOSE.

  Section 102 of the Juvenile Justice and Delinquency Prevention Act of 
1974 (42 U.S.C. 5602) is amended to read as follows:
                               ``purposes
  ``Sec. 102. The purposes of titles I, II, and V are--
          ``(1) to support State and local programs that prevent 
        juvenile involvement in delinquent activities;
          ``(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, and the dissemination of information, on effective 
        programs for combating juvenile crime.''.

SEC. 103. DEFINITIONS.

  Section 103 of the Juvenile Justice and Delinquency Prevention Act of 
1974 (42 U.S.C. 5603) is amended--
          (1) in paragraph (4) by inserting ``title I of'' before ``the 
        Omnibus'' each place it appears,
          (2) in paragraph (7) by striking ``the Trust Territory of the 
        Pacific Islands,'',
          (3) in paragraph (9) by striking ``justice'' and inserting 
        ``crime control'',
          (4) in paragraph (14) by inserting ``drug trafficking,'' 
        after ``assault,'',
          (5) in paragraph (16)--
                  (A) in subparagraph (A) by adding ``and'' at the end, 
                and
                  (B) by striking subparagraph (C),
          (6) by striking paragraph (17),
          (7) in paragraph (22)--
                  (A) by redesignating subparagraphs (i), (ii), and 
                (iii) as subparagraphs (A), (B), and (C), respectively, 
                and
                  (B) by striking ``and'' at the end,
          (8) in paragraph (23) by striking the period at the end and 
        inserting a semicolon,
          (9) by redesignating paragraphs (18), (19), (20), (21), (22), 
        and (23) as paragraphs (17) through (22), respectively, and
          (10) by adding at the end the following:
          ``(23) the term `boot camp' means a residential facility 
        (excluding a private residence) at which there are provided--
                  ``(A) a highly regimented schedule of discipline, 
                physical training, work, drill, and ceremony 
                characteristic of military basic training;
                  ``(B) regular, remedial, special, and vocational 
                education; and
                  ``(C) counseling and treatment for substance abuse 
                and other health and mental health problems; and
          ``(24) the term `violent crime' means--
                  ``(A) murder or nonnegligent manslaughter, forcible 
                rape, or robbery, or
                  ``(B) aggravated assault committed with the use of a 
                firearm.''.

SEC. 104. NAME OF OFFICE.

  Title II of the Juvenile Justice and Delinquency Prevention Act of 
1974 (42 U.S.C. 5611 et seq.) is amended--
          (1) by amending the heading of part A to read as follows:

      ``Part A--Office of Juvenile Crime Control and Delinquency 
                             Prevention'',

          (2) in section 201(a) by striking ``Justice and Delinquency 
        Prevention'' and inserting ``Crime Control and Delinquency 
        Prevention'', and
          (3) in subsections section 299A(c)(2) by striking ``Justice 
        and Delinquency Prevention'' and inserting ``Crime Control and 
        Delinquency Prevention''.

SEC. 105. CONCENTRATION OF FEDERAL EFFORT.

  Section 204 of the Juvenile Justice and Delinquency Prevention Act of 
1974 (42 U.S.C. 5614) is amended--
          (1) in subsection (a)(1) by striking the last sentence,
          (2) in subsection (b)--
                  (A) in paragraph (3) by striking ``and of the 
                prospective'' and all that follows through 
                ``administered'', and
                  (B) in paragraph (5) by striking ``parts C and D'' 
                each place it appears and inserting ``part C'',
          (3) in subsection (c) by striking ``and reports'' and all 
        that follows through ``this part'', and insert ``as may be 
        appropriate to prevent the duplication of efforts, and to 
        coordinate activities, related to the prevention of juvenile 
        delinquency'',
          (4) by striking subsection (i), and
          (5) by redesignating subsection (h) as subsection (f).

SEC. 106. COORDINATING COUNCIL ON JUVENILE JUSTICE AND DELINQUENCY 
                    PREVENTION.

  Section 206 of the Juvenile Justice and Delinquency Prevention Act of 
1974 (42 U.S.C. 5616) is repealed.

SEC. 107. ANNUAL REPORT.

  Section 207 of the Juvenile Justice and Delinquency Prevention Act of 
1974 (42 U.S.C. 5617) is amended--
          (1) in paragraph (2)--
                  (A) by inserting ``and'' after ``priorities,'', and
                  (B) by striking ``, and recommendations of the 
                Council'',
          (1) by striking paragraphs (4) and (5), and inserting the 
        following:
          ``(4) An evaluation of the programs funded under this title 
        and their effectiveness in reducing the incidence of juvenile 
        crime, particularly violent crimes.'', and
          (2) by redesignating such section as section 206.

SEC. 108. ALLOCATION.

  Section 222 of the Juvenile Justice and Delinquency Prevention Act of 
1974 (42 U.S.C. 5632) is amended--
          (1) in subsection (a)--
                  (A) in paragraph (2)--
                          (i) in subparagraph (A)--
                                  (I) by striking ``amount, up to 
                                $400,000,'' and inserting ``amount up 
                                to $400,000'',
                                  (II) by inserting a comma after 
                                ``1992'' the 1st place it appears,
                                  (III) by striking ``the Trust 
                                Territory of the Pacific Islands,'', 
                                and
                                  (IV) by striking ``amount, up to 
                                $100,000,'' and inserting ``amount up 
                                to $100,000'',
                          (ii) in subparagraph (B)--
                                  (I) by striking ``amount, up to 
                                $600,000,'' and inserting ``amount up 
                                to $600,000'',
                                  (II) by striking ``section 299(a) (1) 
                                and (3)'' and inserting ``paragraphs 
                                (1) and (3) of section 299(a),'',
                                  (III) by striking ``the Trust 
                                Territory of the Pacific Islands,'',
                                  (IV) by striking ``amount, up to 
                                $100,000,'' and inserting ``amount up 
                                to $100,000'', and
                                  (V) by inserting a comma after 
                                ``1992'',
                  (B) in paragraph (3) by striking ``allot'' and 
                inserting ``allocate'', and
          (2) in subsection (b) by striking ``the Trust Territory of 
        the Pacific Islands,''.

SEC. 109. STATE PLANS.

  Section 223 of the Juvenile Justice and Delinquency Prevention Act of 
1974 (42 U.S.C. 5633) is amended--
          (1) in subsection (a)--
                  (A) in the 2nd sentence--
                          (i) by striking ``Such plan shall be 
                        amended'' and inserting ``Amendments to such 
                        plan shall be submitted'', and
                          (ii) by striking ``and challenge'' and all 
                        that follows through ``part E'',
                  (B) in paragraph (3)--
                          (i) by striking ``, which--'' and inserting 
                        ``that--'',
                          (ii) in subparagraph (A)--
                                  (I) by striking ``not less'' and all 
                                that follows through ``33'', and 
                                inserting ``the attorney general of the 
                                State or such other State official who 
                                has primary responsibility for 
                                overseeing the enforcement of State 
                                criminal laws, and'',
                                  (II) by inserting ``, in consultation 
                                with the attorney general of the State 
                                or such other State official who has 
                                primary responsibility for overseeing 
                                the enforcement of State criminal 
                                laws'' after ``State'',
                                  (III) in clause (i) by striking ``or 
                                the administration of juvenile 
                                justice'' and inserting ``, the 
                                administration of juvenile justice, or 
                                the reduction of juvenile crime'',
                                  (IV) in clause (ii) by striking 
                                ``include--'' and all that follows 
                                through the semicolon at the end of 
                                subclause (VIII), and inserting the 
                                following:
                        ``represent a multidisciplinary approach to 
                        addressing juvenile crime and may include--
                                  ``(I) individuals who represent units 
                                of general local government, law 
                                enforcement and juvenile justice 
                                agencies, public agencies concerned 
                                with the prevention and treatment of 
                                juvenile delinquency and with the 
                                adjudication of juveniles, or nonprofit 
                                private organizations, particularly 
                                those that serve juveniles; and
                                  ``(II) such other individuals as the 
                                chief executive officer considers to be 
                                appropriate; and'', and
                                  (V) by striking clauses (iv) and (v),
                          (iii) in subparagraph (C) by striking 
                        ``justice'' and inserting ``crime control'',
                          (iv) in subparagraph (D)--
                                  (I) in clause (i) by inserting 
                                ``and'' at the end,
                                  (II) in clause (ii) by striking 
                                ``paragraphs'' and all that follows 
                                through ``part E'', and inserting 
                                ``paragraphs (11), (12), and (13)'', 
                                and
                                  (III) by striking clause (iii), and
                          (v) in subparagraph (E) by striking ``title--
                        '' and all that follows through ``(ii)'' and 
                        inserting ``title,'',
                  (C) in paragraph (5)(C) by striking ``paragraphs 
                (12)(A), (13), and (14)'' and inserting ``paragraphs 
                (11)(A), (12), and (13)'',
                  (D) by striking paragraph (6),
                  (E) in paragraph (7) by inserting ``, including in 
                rural areas'' before the semicolon at the end,
                  (F) in paragraph (8)--
                          (i) in subparagraph (A)--
                                  (I) by striking ``for (i)'' and all 
                                that follows through ``relevant 
                                jurisdiction'', and inserting ``for an 
                                analysis of juvenile crime problems in, 
                                and the juvenile crime control and 
                                delinquency prevention needs (including 
                                educational needs) of, the State'',
                                  (II) by striking ``justice'' the 
                                second place it appears and inserting 
                                ``crime control'', and
                                  (III) by striking ``of the 
                                jurisdiction; (ii)'' and all that 
                                follows through the semicolon at the 
                                end, and inserting ``of the State; 
                                and'',
                          (ii) by amending subparagraph (B) to read as 
                        follows:
          ``(B) contain--
                  ``(i) a plan for providing needed services for the 
                prevention and treatment of juvenile delinquency in 
                rural areas;
                  ``(ii) a plan for providing needed mental health 
                services to juveniles in the juvenile justice system; 
                and
                  ``(iii) a plan for providing needed gender-specific 
                services for the prevention and treatment of juvenile 
                delinquency;'', and
                          (iii) by striking subparagraphs (C) and (D),
                  (G) by amending paragraph (9) to read as follows:
          ``(9) provide for the coordination and maximum utilization of 
        exiting juvenile delinquency programs, programs operated by 
        private agencies, and other related programs (such as 
        education, special education, recreation, health, and welfare 
        programs) in the State;'',
                  (H) in paragraph (10)--
                          (i) in subparagraph (A) by striking ``, 
                        specifically'' and all that follows through 
                        ``array of services'',
                          (ii) by amending subparagraph (B) to read as 
                        follows:
                  ``(B) programs that assist in holding juveniles 
                accountable for their actions, including the use of 
                neighborhood courts or panels that increase victim 
                satisfaction and require juveniles to make restitution 
                for the damage caused by their delinquent acts, and of 
                a system of graduated sanctions for juvenile 
                delinquents that ensures a sanction for every 
                delinquent act;'',
                          (iii) in subparagraph (C) by striking 
                        ``juvenile justice'' and inserting ``juvenile 
                        crime control'',
                          (iv) by amending subparagraph (D) to read as 
                        follows:
                  ``(D) programs that provide treatment to juvenile 
                offenders who are victims of child abuse or neglect, 
                and to their families, in order to reduce the 
                likelihood that such juvenile offenders will commit 
                subsequent violations of law;'',
                          (v) in subparagraph (E)--
                                  (I) by redesignating clause (ii) as 
                                clause (iii), and
                                  (II) by striking ``juveniles, 
                                provided'' and all that follows through 
                                ``provides; and'', and inserting the 
                                following:
                ``juveniles--
                          ``(i) to encourage juveniles to remain in 
                        elementary and secondary schools or in 
                        alternative learning situations;
                          ``(ii) to provide services to assist 
                        juveniles in making the transition to the world 
                        of work and self-sufficiency; and'',
                          (vi) by amending subparagraph (F) to read as 
                        follows:
                  ``(F) expand the use of probation officers in order 
                to permit nonviolent delinquent juveniles to remain at 
                home with their families as an alternative to 
                incarceration or institutionalization and, at the same 
                time, to ensure that such juveniles follow the terms of 
                their probation;'',
                          (vii) by amending subparagraph (G) to read as 
                        follows:
                  ``(G) one-to-one mentoring programs that are designed 
                to link nonviolent juvenile offenders, particularly 
                juveniles residing in high-crime areas and juveniles 
                experiencing educational failure, with responsible 
                adults (such as law enforcement officers, adults 
                working with local businesses, and adults working with 
                community-based organizations and agencies) who are 
                properly screened and trained;'',
                          (viii) in subparagraph (H) by striking 
                        ``handicapped youth'' and inserting ``juveniles 
                        with disabilities'',
                          (ix) by amending subparagraph (K) to read as 
                        follows:
                  ``(K) boot camps for juvenile offenders;'',
                          (x) by amending subparagraph (L) to read as 
                        follows:
                  ``(L) community-based programs and services to work 
                with juveniles, their parents, and other family members 
                during and after incarceration in order to strengthen 
                families so that such juveniles may be retained in 
                their homes;'',
                          (xi) by amending subparagraph (M) to read as 
                        follows:
                  ``(M) other activities (such as court-appointed 
                special advocates) that the State determines will hold 
                juveniles accountable for their acts and decrease 
                juvenile involvement in delinquent activities;'',
                          (xii) by amending subparagraph (N) to read as 
                        follows:
                  ``(N) programs designed to prevent and reduce hate 
                crimes committed by juveniles;'',
                          (xiii) in subparagraph (O)--
                                  (I) by striking ``cultural'' and 
                                inserting ``other'', and
                                  (II) by striking the period at the 
                                end and inserting a semicolon, and
                          (xiv) by adding at the end the following:
                  ``(P) a system, subject to the discretion of the 
                State, that provides for the treatment as adults for 
                purposes of prosecution, of juveniles under 18 years of 
                age who commit an act that would be a violent crime if 
                committed by an adult;
                  ``(Q) a system of records relating to any 
                adjudication of juveniles less than 18 years of age who 
                are adjudicated delinquent for conduct that would be a 
                violent crime if committed by an adult, that is--
                          ``(i) equivalent to the records that would be 
                        kept of adults arrested for such conduct, 
                        including fingerprints and photographs;
                          ``(ii) submitted to the Federal Bureau of 
                        Investigation in the same manner as adult 
                        records are so submitted;
                          ``(iii) retained for a period of time that is 
                        equal to the period of time records are 
                        retained for adults; and
                          ``(iv) available on an expedited basis to law 
                        enforcement agencies, the courts, and school 
                        officials (and such school officials shall be 
                        subject to the same standards and penalties 
                        that law enforcement and juvenile justice 
                        system employees are subject to under Federal 
                        and State law, for handing and disclosing such 
                        information); and
                  ``(R) 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.'',
                  (I) in paragraph (12)(A)--
                          (i) by striking ``law).'' and inserting 
                        ``law)'', and
                          (ii) by inserting ``except temporarily and to 
                        the extent necessary to reunite such juveniles 
                        with their parents or legal guardians'' before 
                        the semicolon at the end,
                  (J) by amending paragraph (13) to read as follows:
          ``(13) provide that--
                  ``(A) juveniles alleged to be or found to be 
                delinquent, and juveniles within the purview of 
                paragraph (11), will not be detained or confined in any 
                institution in which they have regular contact, or 
                unsupervised incidental contact, with adults 
                incarcerated because such adults have been convicted of 
                a crime or are awaiting trial on criminal charges; and
                  ``(B) there is in effect in the State a policy that 
                requires individuals who work with both such juveniles 
                and such adults have been trained to work with 
                juveniles;'',
                  (K) by amending paragraph (14) to read as follows:
          ``(14) provide that no juvenile will be detained or confined 
        in any jail or lockup for adults except--
                  ``(A) at the election of the State, juveniles who are 
                convicted as an adult of, or after a determination at a 
                probable cause hearing are charged as an adult with, a 
                violent crime; and
                  ``(B) juveniles who are accused of nonstatus 
                offenses, who are awaiting an initial court appearance 
                pursuant to a State law requiring such appearance 
                within 48 hours after being taken into custody 
                (excluding weekends and holidays), and who are detained 
                or confined in a jail or lockup--
                          ``(i) in which--
                                  ``(I) such juveniles do not have 
                                regular contact, or unsupervised 
                                incidental contact, with adults 
                                incarcerated because such adults have 
                                been convicted of a crime or are 
                                awaiting trial on criminal charges; and
                                  ``(II) there is in effect in the 
                                State a policy that requires 
                                individuals who work with both such 
                                juveniles and such adults have been 
                                trained to work with juveniles; and
                          ``(ii) that--
                                  ``(I) is located outside a 
                                metropolitan statistical area (as 
                                defined by the Office of Management and 
                                Budget);
                                  ``(II) has no existing acceptable 
                                alternative placement available;
                                  ``(III) is located where conditions 
                                of distance to be traveled or the lack 
                                of highway, road, or other ground 
                                transportation do not allow for court 
                                appearances within 24 hours so that a 
                                brief (not to exceed 48 hours) delay is 
                                excusable; or
                                  ``(IV) is located where conditions of 
                                safety exist (such as severely 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 reasonably safe 
                                travel;'',
                  (L) in paragraph (15)--
                          (i) by striking ``paragraph (12)(A), 
                        paragraph (13), and paragraph (14)'' and 
                        inserting ``paragraphs (11)(A), (12), and 
                        (13)'', and
                          (ii) by striking ``paragraph (12)(A) and 
                        paragraph (13)'' and inserting ``paragraphs 
                        (11)(A) and (12)'',
                  (M) in paragraph (16) by striking ``mentally, 
                emotionally, or physically handicapping conditions'' 
                and inserting ``disability'',
                  (N) by striking paragraph (19),
                  (O) in paragraph (23)--
                          (i) by inserting ``, with relevant factors 
                        held constant,'' after ``such proportion'', and
                          (ii) by striking ``general population;'' and 
                        inserting ``total population of juveniles who 
                        are brought into the juvenile justice system; 
                        and'',
                  (P) by amending paragraph (24) to read as follows:
          ``(24) provide that if a juvenile is taken into custody under 
        a valid court order issued for committing a status offense--
                  ``(A) the appropriate agency that provides child 
                protective services shall be promptly notified that 
                such juvenile is held under such order;
                  ``(B) not later than 24 hours after such juvenile is 
                so taken into custody, an authorized representative of 
                such agency shall interview, in person, such juvenile; 
                and
                  ``(C) not later than 72 hours after such juvenile is 
                so taken into custody--
                          ``(i) such representative shall submit a 
                        recommendation to the court that issued such 
                        order, regarding the proper treatment plan for 
                        such juvenile; and
                          ``(ii) such court shall conduct a hearing to 
                        determine--
                                  ``(I) whether there is reasonable 
                                cause to believe that such juvenile 
                                committed such status offense; and
                                  ``(II) the appropriate placement of 
                                such juvenile pending disposition of 
                                the status offense that is the subject 
                                of such order.'', and
                  (Q) by redesignating paragraphs (7), (8), (9), (10), 
                (11), (12), (13), (14), (15), (16), (17), (18), (20), 
                (21), (22), (23), (24), and (25) as paragraphs (6) 
                through (23), respectively,
          (2) by amending subsection (c) to read as follows:
  ``(c) If a State fails to comply with any of the applicable 
requirements of paragraphs (11)(A), (13), (14), and (21) of subsection 
(a) in any fiscal year beginning after September 30, 1996, then the 
amount allocated to such State for the subsequent fiscal year shall be 
reduced by not to exceed 12.5 percent for each such paragraph with 
respect to which the failure occurs, unless the Administrator 
determines that the State--
          ``(1) has achieved substantial compliance with such 
        applicable requirements with respect to which the State was not 
        in compliance; and
          ``(2) has made, through appropriate executive or legislative 
        action, an unequivocal commitment to achieving full compliance 
        with such applicable requirements within a reasonable time.'', 
        and
          (3) in subsection (d)--
                  (A) by striking ``allotment'' and inserting 
                ``allocation'', and
                  (B) by striking ``subsection (a) (12)(A), (13), (14) 
                and (23)'' each place it appears and inserting 
                ``paragraphs (11)(A), (12), (13), and (21) of 
                subsection (a)''.

SEC. 110. NATIONAL INSTITUTE FOR JUVENILE JUSTICE AND DELINQUENCY 
                    PREVENTION.

  Section 241 of the Juvenile Justice and Delinquency Prevention Act of 
1974 (42 U.S.C. 5651) is amended--
          (1) in the heading by striking ``justice'' and inserting 
        ``crime control'',
          (2) in subsection (a) by striking ``Justice'' the second 
        place it appears and inserting ``Crime Control'',
          (3) in subsections (b) and (c) by striking ``Juvenile 
        Justice'' and inserting ``Juvenile Crime Control'',
          (4) in subsection (d)(2)--
                  (A) by inserting a comma after ``personnel'' the 1st 
                place it appears, and
                  (B) by striking ``personnel,,'' and inserting 
                ``personnel,'', and
          (5) in subsection (f)--
                  (A) in paragraph (1) by striking ``and financial'', 
                and
                  (B) in paragraph (2)--
                          (i) in subparagraph (C) by striking 
                        ``justice'' and inserting ``crime control'', 
                        and
                          (ii) in subparagraph (E) by striking 
                        ``justice'' and inserting ``crime control''.

SEC. 111. RESEARCH, DEMONSTRATION, AND EVALUATION FUNCTIONS.

  Section 243 of the Juvenile Justice and Delinquency Prevention Act of 
1974 (42 U.S.C. 5653) is amended--
          (1) in subsection (a)--
                  (A) by striking ``Justice'' and inserting ``Crime 
                Control'',
                  (B) in paragraph (2) by inserting ``, particularly to 
                prevent serious crimes and violent crimes'' before the 
                semicolon at the end,
                  (C) in paragraph (3) by redesignating subparagraphs 
                (i) and (ii) as subparagraphs (A) and (B), 
                respectively,
                  (D) in paragraph (4) by striking ``Encourage'' and 
                inserting ``encourage'',
                  (E) by amending paragraph (6) to read as follows:
          ``(6) provide for the evaluation of--
                  ``(A) programs and interventions designed to prevent 
                juvenile violence; and
                  ``(B) all other juvenile delinquency programs 
                assisted under this title;
        in order to determine the results and the effectiveness of such 
        programs and such interventions;'',
                  (F) in paragraph (7)--
                          (i) by inserting ``(particularly the 
                        prevention of serious crime and violent 
                        crime)'' after ``delinquency'',
                          (ii) by amending subparagraph (B) to read as 
                        follows:
                  ``(B) assessments regarding --
                          ``(i) the role of family violence, sexual 
                        abuse or exploitation, drug abuse within the 
                        family, media violence, the improper handling 
                        of juveniles placed in one State by another 
                        State, and the effectiveness of family-centered 
                        treatment programs, special education, remedial 
                        education, and recreation;
                          ``(ii) the extent to which juveniles in the 
                        juvenile justice system are treated differently 
                        on the basis of sex, race, family composition, 
                        past delinquent behavior or family income, and
                          ``(iii) the ramifications of such treatment 
                        on such juveniles and on the recidivism rate of 
                        such juveniles;'',
                          (iii) in subparagraph (D)--
                                  (I) by striking ``(including'' and 
                                all that follows through 
                                ``recreational'', and
                                  (II) by adding ``and'' at the end, 
                                and
                          (iv) by adding at the end the following:
                  ``(E) examine the nature and extent to which States 
                have opened juvenile delinquency proceedings, and 
                records of such proceedings, to the public and the 
                impact which the opening of such proceedings and 
                records has on the recidivism rate of juveniles and on 
                their post-adjudication involvement in school, success 
                in employment, and relationship with family and 
                community;'',
                  (F) by amending paragraphs (10) and (11) to read as 
                follows:
          ``(10) support research relating to reducing the proportion 
        of juveniles detained or confined in secure detention 
        facilities, secure correctional facilities, jails, and lockups 
        who are members of minority groups;
          ``(11) support research related to achieving a better 
        understanding of the commission of hate crimes by juveniles;'',
                  (G) in paragraph (12) by inserting ``as such issues 
                relate to the prevention of juvenile delinquency'' 
                before the semicolon at the end,
                  (H) by amending paragraph (13) to read as follows:
          ``(13) support research on--
                  ``(A) the extent, nature, risk and protective 
                factors, and causes of juvenile violence and juvenile 
                delinquency; and
                  ``(B) the effectiveness of restitution and graduated 
                sanctions on reducing juvenile violence and juvenile 
                delinquency;'', and
                  (I) by redesignating paragraphs (5), (6), (7), (8), 
                (9), (10), (11), (12), (13), and (14), as added by 
                Public Law 102-586 and as amended by this paragraph, as 
                paragraphs (6) through (15), respectively, and
          (2) in subsection (b)--
                  (A) in paragraph (1) by striking ``subsection 
                (a)(8)'' and inserting ``subsection (a)(9)'', and
                  (B) in paragraph (2) by striking ``subsection 
                (a)(9)'' and inserting ``subsection (a)(10)''.

SEC. 112. TECHNICAL ASSISTANCE AND TRAINING FUNCTIONS.

  Section 244 of the Juvenile Justice and Delinquency Prevention Act of 
1974 (42 U.S.C. 5654) is amended--
          (1) by striking ``Justice'' and inserting ``Crime Control'',
          (2) in paragraph (2) by striking ``(including juveniles who 
        commit hate crimes)'', and
          (3) in paragraph (3)--
                  (A) by inserting a comma after ``judges'',
                  (B) by inserting a comma after ``prosecutors'', and
                  (C) by striking ``attorneys,,'' and inserting 
                ``attorneys,''.

SEC. 113. ESTABLISHMENT OF TRAINING PROGRAM.

  Section 245 of the Juvenile Justice and Delinquency Prevention Act of 
1974 (42 U.S.C. 5655) is amended--
          (1) in the 1st sentence of subsection (a) by striking ``, 
        including'' and all that follows through ``juveniles'', and
          (2) in subsection (b)--
                  (A) by striking ``persons associated with law-related 
                education,'',
                  (B) by striking ``and representatives'' and inserting 
                ``representatives'', and
                  (C) by inserting ``, and such other individuals as 
                the Administrator considers to be appropriate'' before 
                the period at the end.

SEC. 114. CURRICULUM FOR TRAINING PROGRAM.

  The last sentence of section 246 of the Juvenile Justice and 
Delinquency Prevention Act of 1974 (42 U.S.C. 5660) is amended by 
striking ``and shall'' and all that follows through ``crimes''.

SEC. 115. SPECIAL STUDIES AND REPORTS.

  Section 248 of the Juvenile Justice and Delinquency Prevention Act of 
1974 (42 U.S.C. 5662) is repealed.

SEC. 116. GRANTS AND CONTRACTS FOR SPECIAL EMPHASIS PREVENTION AND 
                    TREATMENT PROGRAMS.

  Section 261 of the Juvenile Justice and Delinquency Prevention Act of 
1974 (42 U.S.C. 5665) is amended--
          (1) in subsection (a)--
                  (A) in the matter preceding paragraph (1)--
                          (i) by striking ``shall,'' and all that 
                        follows through ``contracts with'', and 
                        inserting ``may, on a competitive basis, make 
                        grants to and contracts with'', and
                          (ii) by striking ``each'' the 1st place it 
                        appears and inserting ``any'',
                  (B) in paragraph (2) by inserting ``activities to 
                ensure juvenile accountability for nonviolent criminal 
                activities,'' after ``including'',
                  (C) in paragraph (3) by striking ``and the quality of 
                legal representation for such juveniles'',
                  (D) by striking paragraphs (4), (7), and (8),
                  (E) in paragraph (9) by striking ``, including--'' 
                and all that follows through ``to incarceration'', and
                  (F) by redesignating paragraphs (5), (6), and (9) as 
                paragraphs (4), (5), and (6), respectively,
          (2) in subsection (b)--
                  (A) in the matter preceding paragraph (1) by striking 
                ``(b)'' and all that follows through ``to--'',
                  (B) in paragraph (1)--
                          (i) by striking ``(1) improve'' and inserting 
                        ``(7) Improving'', and
                          (ii) by striking the semicolon at the end and 
                        inserting a period,
                  (C) in paragraph (2)--
                          (i) by striking ``(2) develop and implement'' 
                        and inserting ``(8) Developing and 
                        implementing'', and
                          (ii) by striking the semicolon at the end and 
                        inserting a period,
                  (D) in paragraph (3)--
                          (i) by striking ``(3) develop, implement, and 
                        support'' and inserting ``(9) Developing, 
                        implementing, and supporting'', and
                          (ii) by striking the semicolon at the end and 
                        inserting a period,
                  (E) by striking paragraph (4),
                  (F) in paragraph (5)--
                          (i) by striking ``(5) develop and implement'' 
                        and inserting ``(10) Developing and 
                        implementing``, and
                          (ii) by striking the semicolon at the end and 
                        inserting a period,
                  (G) in paragraph (6)--
                          (i) by striking ``(6) develop'' and inserting 
                        ``(11) Developing'', and
                          (ii) by striking ``to--'' and all that 
                        follows through ``(B)'', and inserting ``to'', 
                        and
                          (iii) by striking ``; or'' and all that 
                        follows through ``involved'', and
                  (H) in paragraph (7) by striking ``(7) develop and 
                implement'' and inserting ``(12) Developing and 
                implementing'',
          (3) by striking subsections (c) and (d),
          (4) in subsection (e) by striking ``the Trust Territory of 
        the Pacific Islands,'', and
          (5) by redesignating subsection (e) and (f) as subsections 
        (b) and (c), respectively.

SEC. 117. CONSIDERATIONS FOR APPROVAL OF APPLICATIONS.

  Section 262 of the Juvenile Justice and Delinquency Prevention Act of 
1974 (42 U.S.C. 5665a) is amended--
          (1) in subsection (c)--
                  (A) in paragraph (1) by inserting ``, and the 
                potential for success,'' after ``effectiveness'',
                  (B) by striking paragraphs (4) and (5), and inserting 
                the following:
          ``(4) the extent to which such program serves communities 
        that have high rates of juvenile delinquency, violent juvenile 
        crime, dropping out of school, high rates of unemployment among 
        juveniles no longer attending elementary or secondary school, 
        and juvenile participation in gangs; and'', and
                  (C) by redesignating paragraph (6) as paragraph (5),
          (2) in subsection (d)--
                  (A) in paragraph (1)--
                          (i) by striking subparagraph (B),
                          (ii) in subparagraph (A) by redesignating 
                        clauses (i), (ii), and (iii) as subparagraphs 
                        (A), (B), and (C), respectively, and
                          (iii) by striking ``(1)(A)'' and inserting 
                        ``(1)'',
                  (B) in paragraph (2)--
                          (i) by striking ``(2)(A)'' and inserting 
                        ``(2)'', and
                          (ii) by striking subparagraph (B), and
                  (C) by striking paragraph (3), and
          (3) by amending subsection (f) to read as follows:
  ``(f) Information on grants and contacts made available under this 
part shall be made available by the Administrator on request to the 
Chairman of the Committee on Economic and Educational Opportunities of 
the House of Representatives and to the Chairman of the Committee on 
the Judiciary of the Senate.''.

SEC. 118. GANG-FREE SCHOOLS AND COMMUNITIES.

  Part D of title II of the Juvenile Justice and Delinquency Prevention 
Act of 1974 (42 U.S.C. 5667-5667d) is amended to read as follows:

              ``PART D--GANG-FREE SCHOOLS AND COMMUNITIES

``SEC. 271. AUTHORIZATION OF GRANTS.

  ``The Administrator may make grants to, or contracts with, public and 
nonprofit private agencies and organizations to establish and carry out 
programs designed to prevent and reduce the participation of juveniles 
in gangs that commit crimes (particularly violent crimes), that 
unlawfully use firearms and other weapons, or that unlawfully traffic 
in drugs. Such programs may be school- or community-based and shall 
involve, to the extent practicable, families and other community 
members, such as law enforcement personnel and members of the business 
community, in the activities conducted under such programs. Such 
programs may include--
          ``(1) educational activities that strengthen a juvenile's 
        ties to the school and the community;
          ``(2) mentoring projects;
          ``(3) job training and other activities that provide 
        juveniles with the skills necessary to become productive 
        members of society;
          ``(4) projects that coordinate services to be provided to 
        juveniles and their families, including educational services, 
        substance abuse treatment services, health and mental health 
        services, and other social services;
          ``(5) projects to prevent gang-related activities from 
        endangering the safety of students and disrupting the learning 
        environment in elementary and secondary schools;
          ``(6) projects that involve local law enforcement personnel 
        in gang prevention and intervention activities, particularly 
        activities that focus on preventing the unlawful use of 
        firearms;
          ``(7) effective substance abuse treatment for juveniles in 
        such gangs, and other interventions to reduce rates of drug 
        abuse recidivism and gang participation; and
          ``(8) such other projects and activities related to the 
        prevention of juvenile participation in gangs that commit 
        crimes (particularly violent crimes), that unlawfully use 
        firearms and other weapons, or that unlawfully traffic in 
        drugs.

``SEC. 272. APPLICATIONS.

  ``(a) Submission of Applications.--Applications for grants and 
contracts under section 271 shall be submitted to the Administrator and 
shall--
          ``(1) describe the program to be carried out with a grant or 
        contract made under such subsection; and
          ``(2) contain such other information and assurances as the 
        Administrator may require.
  ``(b) Selection of Applications for Approval.--From among 
applications submitted in accordance with subsection (a), the 
Administrator shall--
          ``(1) approve applications for grants and contracts to carry 
        out programs in both urban and rural areas, in locations where 
        juvenile gang-related, drug-related, and firearm-related crime 
        is frequent and serious; and
          ``(2) give priority to applications for grants and contracts 
        to carry out programs that have the greatest potential for 
        success, private sector support, and broad-based community 
        support.''.

SEC. 119. STATE CHALLENGE ACTIVITIES.

  Part E of title II of the Juvenile Justice and Delinquency Prevention 
Act of 1974 (42 U.S.C. 5667c) is repealed.

SEC. 120. REPEALERS.

  Title II of the Juvenile Justice and Delinquency Prevention Act of 
1974 (42 U.S.C. 5601 et seq.) is amended--
          (1) by striking parts F, G, and H,
          (2) by striking part I, as added by section 2(i)(1)(C) of 
        Public Law 102-586 (106 Stat. 5006), and
          (3) by redesignating part I, as so redesignated by section 
        2(i)(1)(A) of Public Law 102-586 (106 Stat. 5006), as part E.

SEC. 121. AUTHORIZATION OF APPROPRIATIONS.

  Section 299 of the Juvenile Justice and Delinquency Prevention Act of 
1974 (42 U.S.C. 5671) is amended--
          (1) by striking subsection (e), and
          (2) by striking subsections (a), (b), and (c), and inserting 
        the following:
  ``(a) There are authorized to be appropriated to carry out this title 
(other than part D) $225,000,000 for fiscal year 1997 and such sums as 
may be appropriate for fiscal years 1998, 1999, and 2000.
  ``(b) There are authorized to be appropriated to carry out part D 
$10,000,000 for fiscal year 1997 and such sums as may be appropriate 
for fiscal years 1998, 1999, and 2000.
  ``(c) Of such sums as are appropriated for a fiscal year to carry out 
this title (other than part D)--
          ``(1) not to exceed 5 percent or $5,000,000, whichever is 
        less, shall be available to carry out part A;
          ``(2) not less than 70 percent shall be available to carry 
        out part B; and
          ``(3) 25 percent or $25,000,000, whichever is less, shall be 
        available to carry out part C.''.

SEC. 122. ADMINISTRATIVE AUTHORITY.

  Section 299A of the Juvenile Justice and Delinquency Prevention Act 
of 1974 (42 U.S.C. 5672) is amended--
          (1) in subsection (d) by striking ``as are consistent with 
        the purpose of this Act'' and inserting ``only to the extent 
        necessary to ensure that there is compliance with the specific 
        requirements of this title, but the Administrator may not 
        establish rules, regulations, or procedures applicable to 
        compliance with paragraphs (11)(A), (13), (14), or (21) of 
        section 223(a)'', and
          (2) by adding at the end the following:
  ``(e) If a State requires by law compliance with the requirements 
described in paragraphs (11)(A), (12), and (13) of section 223(a), then 
for the period such law is in effect in such State--
          ``(1) such State shall be deemed to satisfy such 
        requirements; and
          ``(2) the Administrator may not evaluate or require 
        compliance with such paragraphs.''.

SEC. 123. USE OF FUNDS.

  Section 299C of the Juvenile Justice and Delinquency Prevention Act 
of 1974 (42 U.S.C. 5674) is amended--
          (1) in subsection (a)--
                  (A) by striking ``may be used for'',
                  (B) in paragraph (1) by inserting ``may be used for'' 
                after ``(1)'', and
                  (C) by amending paragraph (2) to read as follows:
          ``(2) may not be used for the cost of construction of any 
        facility, except not more than 10 percent of the funds received 
        under this title by a State for a fiscal year may be used for 
        the purpose of renovating community-based juvenile 
        facilities.'',
          (2) by striking subsection (b), and
          (3) by redesignating subsection (c) as subsection (b).

SEC. 124. TECHNICAL AND CONFORMING AMENDMENTS.

  (a) Technical Amendments.--The Juvenile Justice and Delinquency 
Prevention Act of 1974 (42 U.S.C. 5601 et seq.) is amended--
          (1) in section 202(b) by striking ``prescribed for GS--18 of 
        the General Schedule by section 5332'' and inserting ``payable 
        under section 5376'',
          (2) in the heading for subpart I of part C of title II by 
        striking ``Justice'' and inserting ``Crime Control'', and
          (3) by striking titles IV and V, as originally enacted by 
        Public Law 93-415 (88 Stat. 1132-1143).
  (b) Conforming Amendments.--(1) Section 5315 of title 5 of the United 
States Code is amended by striking ``Office of Juvenile Justice and 
Delinquency Prevention'' and inserting ``Office of Juvenile Crime 
Control and Delinquency Prevention''.
  (2) Section 4351(b) of title 18 of the United States Code is amended 
by striking ``Office of Juvenile Justice and Delinquency Prevention'' 
and inserting ``Office of Juvenile Crime Control and Delinquency 
Prevention''.
  (3) Subsections (a)(1) and (c) of section 3220 of title 39 of the 
United States Code is amended by striking ``Office of Juvenile Justice 
and Delinquency Prevention'' each place it appears and inserting 
``Office of Juvenile Crime Control and Delinquency Prevention''.
  (4) Section 463(f) of the Social Security Act (42 U.S.C. 663(f)) is 
amended by striking ``Office of Juvenile Justice and Delinquency 
Prevention'' and inserting ``Office of Juvenile Crime Control and 
Delinquency Prevention''.
  (5) Sections 801(a), 804, 805, and 813 of title I of the Omnibus 
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3712(a), 3782, 
3785, 3786, 3789i) are amended by striking ``Office of Juvenile Justice 
and Delinquency Prevention'' each place it appears and inserting 
``Office of Juvenile Crime Control and Delinquency Prevention''.
  (6) The Victims of Child Abuse Act of 1990 (42 U.S.C. 13001 et seq.) 
is amended--
          (A) in sections 217 and 222 by striking ``Office of Juvenile 
        Justice and Delinquency Prevention'' each place it appears and 
        inserting ``Office of Juvenile Crime Control and Delinquency 
        Prevention'',
          (B) in section 214(b)(1) by striking ``262, 293, and 296 of 
        subpart II of title II'' and inserting ``299B and 299E'', and
          (C) in section 223(c) by striking ``section 262, 293, and 
        296'' and inserting ``sections 262, 299B, and 299E''.
  (7) The Missing Children's Assistance Act (42 U.S.C. 5771 et seq.) is 
amended--
          (A) in section 403(2) by striking ``Justice and Delinquency 
        Prevention'' and inserting ``Crime Control and Delinquency 
        Prevention'', and
          (B) in subsections (a)(5)(E) and (b)(1)(B) of section 404 by 
        striking ``section 313'' and inserting ``section 331''.

         TITLE II--AMENDMENTS TO THE RUNAWAY AND HOMELESS YOUTH

SEC. 201. FINDINGS.

  Section 302 of the Runaway and Homeless Youth Act (42 U.S.C. 5701) is 
amended--
          (1) in paragraph (5) by striking ``accurate reporting of the 
        problem nationally'' and inserting ``an accurate national 
        reporting system to report the problem,'', and
          (2) by amending paragraph (8) to read as follows:
          ``(8) services for runaway and homeless youth are needed in 
        urban, suburban and rural areas;''.

SEC. 202. AUTHORITY TO MAKE GRANTS FOR CENTERS AND SERVICES.

  Section 311 of the Runaway and Homeless Youth Act (42 U.S.C. 5711) is 
amended--
          (1) by amending subsection (a) to read as follows:
  ``(a)(1) The Secretary shall make grants to public and nonprofit 
private entities (and combinations of such entities) to establish and 
operate (including renovation) local centers to provide services for 
runaway and homeless youth and for the families of such youth.
  ``(2) Such services--
          ``(A) shall be provided as an alternative to involving 
        runaway and homeless youth in the law enforcement, child 
        welfare, mental health, and juvenile justice systems;
          ``(B) shall include--
                  ``(i) safe and appropriate shelter; and
                  ``(ii) individual, family, and group counseling, as 
                appropriate; and
          ``(C) may include--
                  ``(i) street-based services;
                  ``(ii) home-based services for families with youth at 
                risk of separation from the family; and
                  ``(iii) drug abuse education and prevention 
                services.'',
          (2) in subsection (b)--
                  (A) in paragraph (2) by striking ``the Trust 
                Territory of the Pacific Islands,'', and
                  (B) by striking paragraph (4), and
          (3) by striking subsections (c) and (d).

SEC. 203. ELIGIBILITY.

  Section 312 of the Runaway and Homeless Youth Act (42 U.S.C. 5712) is 
amended--
          (1) in subsection (b)--
                  (A) in paragraph (8) by striking ``paragraph (6)'' 
                and inserting ``paragraph (7)'',
                  (B) in paragraph (10) by striking ``and'' at the 
                end'',
                  (C) in paragraph (11) by striking the period at the 
                end and inserting ``; and'', and
                  (D) by adding at the end the following:
          ``(12) shall submit to the Secretary an annual report that 
        includes--
                  ``(A) information regarding the activities carried 
                out under this part;
                  ``(B) the achievements of the project under this part 
                carried out by the applicant; and
                  ``(C) statistical summaries describing the number and 
                the characteristics of the runaway and homeless youth, 
                and youth at risk of family separation, who participate 
                in the project;
        in the year for which the report is submitted.'', and
          (3) by striking subsections (c) and (d) and inserting the 
        following:
  ``(c) To be eligible to use assistance under section 311(a)(2)(C)(i) 
to provide street-based services, the applicant shall include in the 
plan required by subsection (b) assurances that in providing such 
services the applicant will--
          (1) provide qualified supervision of staff, including on-
        street supervision by appropriately trained staff;
          ``(2) provide backup personnel for on-street staff;
          ``(3) provide initial and periodic training of staff who 
        provide such services; and
          ``(4) conduct outreach activities for runaway and homeless 
        youth, and street youth.
  ``(d) To be eligible to use assistance under section 311(a) to 
provide home-based services described in section 311(a)(2)(C)(ii), an 
applicant shall include in the plan required by subsection (b) 
assurances that in providing such services the applicant will--
          ``(1) provide counseling and information to youth and the 
        families (including unrelated individuals in the family 
        households) of such youth, including services relating to basic 
        life skills, interpersonal skill building, educational 
        advancement, job attainment skills, mental and physical health 
        care, parenting skills, financial planning, and referral to 
        sources of other needed services;
          ``(2) provide directly, or through an arrangement made by the 
        applicant, 24-hour service to respond to family crises 
        (including immediate access to temporary shelter for runaway 
        and homeless youth, and youth at risk of separation from the 
        family);
          ``(3) establish, in partnership with the families of runaway 
        and homeless youth, and youth at risk of separation from the 
        family, objectives and measures of success to be achieved as a 
        result of receiving home-based services;
          ``(4) provide initial and periodic training of staff who 
        provide home-based services; and
          ``(5) ensure that--
                  (A) caseloads will remain sufficiently low to allow 
                for intensive (5 to 20 hours per week) involvement with 
                each family receiving such services; and
                  (B) staff providing such services will receive 
                qualified supervision.
  ``(e) To be eligible to use assistance under section 
311(a)(2)(C)(iii) to provide drug abuse education and prevention 
services, an applicant shall include in the plan required by subsection 
(b)--
          ``(1) a description of--
                  ``(A) the types of such services that the applicant 
                proposes to provide;
                  ``(B) the objectives of such services; and
                  ``(C) the types of information and training to be 
                provided to individuals providing such services to 
                runaway and homeless youth; and
          ``(2) an assurance that in providing such services the 
        applicant shall conduct outreach activities for runaway and 
        homeless youth.''.

SEC. 204. APPROVAL OF APPLICATIONS.

  Section 313 of the Runaway and Homeless Youth Act (42 U.S.C. 5713) is 
amended to read as follows:
                       ``approval of applications
  ``Sec. 313. (a) An application by a public or private entity for a 
grant under section 311(a) may be approved by the Secretary after 
taking into consideration, with respect to the State in which such 
entity proposes to provide services under this part--
          ``(1) the geographical distribution in such State of the 
        proposed services under this part for which all grant 
        applicants request approval; and
          ``(2) which areas of such State have the greatest need for 
        such services.
  ``(b) The Secretary shall, in considering applications for grants 
under section 311(a), give priority to--
          ``(A) eligible applicants who have a demonstrated experience 
        in providing services to runaway and homeless youth; and
          ``(B) eligible applicants that request grants of less than 
        $200,000.''.

SEC. 205. AUTHORITY FOR TRANSITIONAL LIVING GRANT PROGRAM.

  Section 321 of the Runaway and Homeless Youth Act (42 U.S.C. 5714-1) 
is amended--
          (1) in the heading by striking ``purpose and'',
          (2) in subsection (a) by striking ``(a)'', and
          (3) by striking subsection (b).

SEC. 206. AUTHORITY TO MAKE GRANTS FOR RESEARCH, EVALUATION, 
                    DEMONSTRATION, AND SERVICE PROJECTS.

  Section 343 of the Runaway and Homeless Youth Act (42 U.S.C. 5714-23) 
is amended--
          (1) in the heading of such section by inserting 
        ``evaluation,'' after ``research,'',
          (2) in subsection (a) by inserting ``evaluation,'' after 
        ``research,'', and
          (3) in subsection (b)--
                  (A) by striking paragraph (2), and
                  (B) by redesignating paragraphs (3) through (10) as 
                paragraphs (2) through (9), respectively.

SEC. 207. TEMPORARY DEMONSTRATION PROJECTS TO PROVIDE SERVICES TO YOUTH 
                    IN RURAL AREAS.

  Section 344 of the Runaway and Homeless Youth Act (42 U.S.C. 5714a) 
is repealed.

SEC. 208. SEXUAL ABUSE PREVENTION PROGRAM.

  Section 40155 of the Violent Crime Control and Law Enforcement Act of 
1994 (Public Law 103-322; 108 Stat. 1922) is amended to read as 
follows:

``SEC. 40155. EDUCATION AND PREVENTION GRANTS TO REDUCE SEXUAL ABUSE OF 
                    RUNAWAY, HOMELESS, AND STREET YOUTH.

  ``(a) Authority for Program.--The Runaway and Homeless Youth Act (42 
U.S.C. 5701 et seq.) is amended--
          ``(1) by striking the heading for part F,
          ``(2) by redesignating part E as part F, and
          ``(3) by inserting after part D the following:

              `` `Part E--Sexual Abuse Prevention Program

                      `` `authority to make grants
  `` `Sec. 351. (a) The Secretary may make grants to nonprofit private 
agencies for the purpose of providing street-based services to runaway 
and homeless, and street youth, who have been subjected to, or are at 
risk of being subjected to, sexual abuse.
  `` `(b) In selecting applicants to receive grants under subsection 
(a), the Secretary shall give priority to nonprofit private agencies 
that have experience in providing services to runaway and homeless, and 
street youth.',
  ``(b) Authorization of Appropriations.--Section 389 of the Runaway 
and Homeless Youth Act (42 U.S.C. 5751), as amended by section 212 of 
the Juvenile Crime Control and Delinquency Prevention Act of 1996, is 
amended by adding at the end the following:
  `` `(c) There are authorized to be appropriated to carry out part E 
such sums as may be necessary for fiscal years 1997, 1998, 1999, and 
2000.' ''.

SEC. 209. ASSISTANCE TO POTENTIAL GRANTEES.

  Section 371 of the Runaway and Homeless Youth Act (42 U.S.C. 5714a) 
is amended by striking the last sentence.

SEC. 210. REPORTS.

  Section 381 of the Runaway and Homeless Youth Act (42 U.S.C. 5715) is 
amended to read as follows:
                               ``reports
  ``Sec. 381. (a) Not later than April 1, 1998, and at 2-year intervals 
thereafter, the Secretary shall submit, to the Committee on Economic 
and Educational Opportunities of the House of Representatives and the 
Committee on the Judiciary of the Senate, a report on the status, 
activities, and accomplishments of entities that receive grants under 
parts A, B, C, D, and E, with particular attention to--
          ``(1) in the case of centers funded under part A, the ability 
        or effectiveness of such centers in--
                  ``(A) alleviating the problems of runaway and 
                homeless youth;
                  ``(B) if applicable or appropriate, reuniting such 
                youth with their families and encouraging the 
                resolution of intrafamily problems through counseling 
                and other services;
                  ``(C) strengthening family relationships and 
                encouraging stable living conditions for such youth; 
                and
                  ``(D) assisting such youth to decide upon a future 
                course of action; and
          ``(2) in the case of projects funded under part B--
                  ``(A) the number and characteristics of homeless 
                youth served by such projects;
                  ``(B) the types of activities carried out by such 
                projects;
                  ``(C) the effectiveness of such projects in 
                alleviating the problems of homeless youth;
                  ``(D) the effectiveness of such projects in preparing 
                homeless youth for self-sufficiency;
                  ``(E) the effectiveness of such projects in assisting 
                homeless youth to decide upon future education, 
                employment, and independent living;
                  ``(F) the ability of such projects to encourage the 
                resolution of intrafamily problems through counseling 
                and the development of self-sufficient living skills; 
                and
                  ``(G) activities and programs planned by such 
                projects for the following fiscal year.
  ``(b) The Secretary shall include in the report required by 
subsection (a) summaries of--
          ``(1) the evaluations performed by the Secretary under 
        section 386; and
          ``(2) descriptions of the qualifications of, and training 
        provided to, individuals involved in carrying out such 
        evaluations.''.

SEC. 211. EVALUATION.

  Section 384 of the Runaway and Homeless Youth Act (42 U.S.C. 5731) is 
amended to read as follows:
                      ``evaluation and information
  ``Sec. 384. (a) If an grantee receives grants for 3 consecutive 
fiscal years under part A, B, C, D, or E (in the alternative), then the 
Secretary shall evaluate such grantee on-site, not less frequently than 
once in the period of such 3 consecutive fiscal years, for purposes 
of--
          ``(1) determining whether such grants are being used for the 
        purposes for which such grants are made by the Secretary;
          ``(2) collecting additional information for the report 
        required by section 383; and
          ``(3) providing such information and assistance to such 
        grantee as will enable such grantees to improve the operation 
        of the centers, projects, and activities for which such grants 
        are made.
  ``(b) Recipients of grants under this title shall cooperate with the 
Secretary's efforts to carry out evaluations, and to collect 
information, under this title.''.

SEC. 212. AUTHORIZATION OF APPROPRIATIONS.

  Section 385 of the Runaway and Homeless Youth Act (42 U.S.C. 5751) is 
amended to read as follows:
                   ``authorization of appropriations
  ``Sec. 389. (a)(1) There are authorized to be appropriated to carry 
out this title (other than part E) $60,000,000 for fiscal year 1997 and 
such sums as may be necessary for each of the fiscal years 1998, 1999, 
and 2000.
  ``(2)(A) From the amount appropriated under paragraph (1) for a 
fiscal year, the Secretary shall reserve not less than 90 percent to 
carry out parts A and B.
  ``(B) Of the amount reserved under subparagraph (A), not less than 20 
percent, and not more than 25 percent, shall be reserved to carry out 
part B.
  ``(3) After reserving the amounts required by paragraph (2), the 
Secretary shall reserve the remaining amount (if any) to carry out 
parts C and D.
  ``(b) No funds appropriated to carry out this title may be combined 
with funds appropriated under any other Act if the purpose of combining 
such funds is to make a single discretionary grant, or a single 
discretionary payment, unless such funds are separately identified in 
all grants and contracts and are used for the purposes specified in 
this title.''.

SEC. 213. CONSOLIDATED REVIEW OF APPLICATIONS.

  The Runaway and Homeless Youth Act (42 U.S.C. 5701 et seq.) is 
amended by inserting after section 384 the following:
                 ``consolidated review of applications
  ``Sec. 385. With respect to funds available to carry out parts A, B, 
C, D, and E, nothing in this title shall be construed to prohibit the 
Secretary from--
          ``(1) announcing, in a single announcement, the availability 
        of funds for grants under 2 or more of such parts; and
          ``(2) reviewing applications for grants under 2 or more of 
        such parts in a single, consolidated application review 
        process.''.

SEC. 214. DEFINITIONS.

  The Runaway and Homeless Youth Act (42 U.S.C. 5701 et seq.) is 
amended by inserting after section 385, as added by section 213, the 
following:

                             ``definitions

  ``Sec. 386. For the purposes of this title:
          ``(1)(A) The term `drug abuse education and prevention 
        services'--
                  ``(A) means services to runaway and homeless youth to 
                prevent or reduce the illicit use of drugs by such 
                youth; and
                  ``(B) may include--
                          ``(i) individual, family, group, and peer 
                        counseling;
                          ``(ii) drop-in services;
                          ``(iii) assistance to runaway and homeless 
                        youth in rural areas (including the development 
                        of community support groups);
                          ``(iv) information and training relating to 
                        the illicit use of drugs by runaway and 
                        homeless youth, to individuals involved in 
                        providing services to such youth; and
                          ``(v) activities to improve the availability 
                        of local drug abuse prevention services to 
                        runaway and homeless youth.
          ``(2) The term `home-based services'--
                  ``(A) means services provided to youth and their 
                families for the purpose of--
                          ``(i) preventing such youth from running 
                        away, or otherwise becoming separated, from 
                        their families; and
                          ``(ii) assisting runaway youth to return to 
                        their families; and
                  ``(B) includes services that are provided in the 
                residences of families (to the extent practicable), 
                including--
                          ``(i) intensive individual and family 
                        counseling; and
                          ``(ii) training relating to life skills and 
                        parenting.
          ``(3) The term `homeless youth' means an individual--
                  ``(A) who is--
                          ``(i) not more than 21 years of age; and
                          ``(ii) for the purposes of part B, not less 
                        than 16 years of age;
                  ``(B) for whom it is not possible to live in a safe 
                environment with a relative; and
                  ``(C) who has no other safe alternative living 
                arrangement.
          ``(4) The term `street-based services'--
                  ``(A) means services provided to runaway and homeless 
                youth, and street youth, in areas where they 
                congregate, designed to assist such youth in making 
                healthy personal choices regarding where they live and 
                how they behave; and
                  ``(B) may include--
                          ``(i) identification of and outreach to 
                        runaway and homeless youth, and street youth;
                          ``(ii) crisis intervention and counseling;
                          ``(iii) information and referral for housing;
                          ``(iv) information and referral for 
                        transitional living and health care services;
                          ``(v) advocacy, education, and prevention 
                        services related to--
                                  ``(I) alcohol and drug abuse;
                                  ``(II) sexually transmitted diseases, 
                                including the human immunodeficiency 
                                virus (HIV); and
                                  ``(III) physical and sexual assault.
          ``(5) The term `street youth' means an individual who--
                  ``(A) is--
                          ``(i) a runaway youth; or
                          ``(ii) indefinitely or intermittently a 
                        homeless youth; and
                  ``(B) spends a significant amount of time on the 
                street or in other areas which increase the exposure of 
                such youth to sexual abuse.
          ``(6) The term `transitional living youth project' means a 
        project that provides shelter and services designed to promote 
        a transition to self-sufficient living and to prevent long-term 
        dependency on social services.
          ``(7) The term `youth at risk of separation from the family' 
        means an individual--
                  ``(A) who is less than 18 years of age; and
                  ``(B)(i) who has a history of running away from the 
                family of such individual;
                  ``(ii) whose parent, guardian, or custodian is not 
                willing to provide for the basic needs of such 
                individual; or
                  ``(iii) who is at risk of entering the child welfare 
                system or juvenile justice system as a result of the 
                lack of services available to the family to meet such 
                needs.''.

SEC. 215. REDESIGNATION OF SECTIONS.

  Sections 371, 372, 381, 382, 383, 384, 385, and 386 of the Runaway 
and Homeless Youth Act (42 U.S.C. 5714b-5851 et seq.), as amended by 
this title, are redesignated as sections 381, 382, 383, 384, 385, 386, 
387, and 388, respectively.

SEC. 216. TECHNICAL AMENDMENT.

  Section 331 of the Runaway and Homeless Youth Act (42 U.S.C. 5701 et 
seq.) is amended in the 1st sentence by striking ``With'' and all that 
follows through ``the Secretary'', and inserting ``The Secretary''.

     TITLE III--AMENDMENTS TO THE MISSING CHILDREN'S ASSISTANCE ACT

SEC. 301. AUTHORIZATION OF APPROPRIATIONS.

  Section 408 of the Missing Children's Assistance Act (42 U.S.C. 5777) 
is amended by striking ``1993, 1994, 1995, and 1996'' and inserting 
``1997, 1998, 1999, and 2000''.

SEC. 302. SPECIAL STUDY AND REPORT.

  Section 409 of the Missing Children's Assistance Act (42 U.S.C. 5778) 
is repealed .

  TITLE IV--INCENTIVE GRANTS FOR LOCAL DELINQUENCY PREVENTION PROGRAMS

SEC. 401. DUTIES AND FUNCTIONS OF THE ADMINISTRATOR.

  Section 504 of the Incentive Grants for Local Delinquency Prevention 
Programs Act (42 U.S.C. 5783) is amended--
          (1) in paragraph (2) by striking ``(including'' and all that 
        follows through ``development)'', and
          (2) in paragraph (4) by striking ``Education and Labor'' and 
        inserting ``Economic and Educational Opportunities''.

SEC. 402. GRANTS FOR PREVENTION PROGRAMS.

  Section 505 of the Incentive Grants for Local Delinquency Prevention 
Programs Act (42 U.S.C. 5784) is amended--
          (1) in subsection (a)--
                  (A) by striking ``through the State advisory group 
                to'' and inserting ``to assist'',
                  (B) by amending paragraph (1) to read as follows:
          ``(1) the teaching that people are and should be held 
        accountable for their actions;'',
                  (C) in paragraph (5) by inserting ``and'' at the end,
                  (D) by amending paragraph (6) to read as follows:
          ``(6) recreation services.'', and
                  (E) by striking paragraph (7),
          (2) in subsection (b)--
                  (A) by striking paragraph (1),
                  (B) by amending paragraph (2) to read as follows:
          ``(1) the unit has submitted to the State the unit's plan 
        outlining delinquency prevention and early intervention 
        activities;'',
                  (C) by striking paragraphs (3) and (4), and
                  (D) by redesignating paragraphs (5), (6), and (7) as 
                paragraphs (2), (3), and (4), respectively, and
          (3) in subsection (c)--
                  (A) by striking ``Administrator'' and inserting 
                ``State'',
                  (B) in paragraph (2) by striking ``and'' at the end, 
                and
                  (C) by striking paragraph (3) and inserting the 
                following:
          ``(3) providing services that prevent juvenile involvement in 
        delinquent activities; and
          ``(4) securing private sector support and that have private 
        sector support.''.

SEC. 403. REPEAL OF DEFINITION.

  The Incentive Grants for Local Delinquency Prevention Programs Act 
(42 U.S.C. 5781 et seq.) is amended--
          (1) by striking section 503, and
          (2) by redesignating sections 504 and 505 as sections 503 and 
        504, respectively.

SEC. 404. AUTHORIZATION OF APPROPRIATIONS.

  Section 506 of the Incentive Grants for Local Delinquency Prevention 
Programs Act (42 U.S.C. 5785) is amended to read as follows:

``SEC. 505. AUTHORIZATION OF APPROPRIATIONS.

  ``There are authorized to be appropriated to carry out this title 
$20,000,000 for fiscal year 1997 and such sums as may be appropriate 
for fiscal years 1998, 1999, and 2000.''.

                      TITLE V--GENERAL PROVISIONS

SEC. 501. EFFECTIVE DATE; APPLICATION OF AMENDMENTS.

  (a) Effective Date.--Except as provided in subsection (b), this Act 
and the amendments made by this Act shall take effect on the date of 
the enactment of this Act.
  (b) Application of Amendments.--The amendments made by this Act shall 
apply only with respect to fiscal years beginning after September 30, 
1996.

                                Purpose

    The purpose of this Act is to assist State and local 
governments in their efforts to reduce juvenile crime through 
the funding of prevention programs and activities which hold 
juveniles accountable for their actions. The Act also provides 
technical assistance, research and dissemination of information 
on effective programs for combating juvenile crime to State and 
local governments. Additionally, the Act provides assistance to 
State and local governments to help address the problems of 
runaway and homeless youth, in particular, crisis residential 
care. The Act also assists in the development of programs for 
the recovery of missing and exploited children.

                            Committee Action

    Subcommittee on Early Childhood, Youth and Families held 
four hearings for the purposes of considering and reviewing the 
authorization of the Juvenile Justice and Delinquency 
Prevention Act.
    The first of the four hearings was held on March 28, 1996 
in Washington, D.C. The witnesses were as follows: Linda 
O'Neal, Executive Director, Tennessee Commission on Children 
and Youth, Nashville, TN; Jerry Kilgore, VA Secretary of Public 
Safety, Richmond, VA; David Lehman, Chief Probation Officer, 
Eureka, CA; Lt. Dale Patch, Criminal Investigations Division, 
Des Moines Police Department, Des Moines, IA; James C. 
Backstrom, Dakota County Attorney, Hastings, MN; Neal Stanley 
in care of Judge Glenda Hatchett, Chief Judge, Fulton County 
Juvenile Court, Atlanta, GA; Paul Watson, Executive Director, 
San Diego Youth and Community Services, San Diego, CA; Tara 
Jesse, Resident of Take Wing Transitional Living Program, San 
Diego, CA; Tara Gilmartin, Senior Peer Counselor Supervisor, 
The Sanctuary, Inc., Royal Oak, MI; Virginia Price, Chair of 
the National Council on Youth Policy and Clinical Director, 
Bridge Over Troubled Waters; Boston, MA.
    The second hearing, which focused on youth violence and 
gangs, was held in Washington D.C. on April 30, 1996. 
Testifying at the April 30 hearing were: Rep. Bill McCollum of 
Florida; Rep. Maxine Waters of California; Tom Corbett, 
Attorney General, Commonwealth of Pennsylvania, Harrisburg, PA; 
Bobby Moody, Chief of Police, Covington, GA; Sidney Rosen, 
Adult Friends for Youth, Honolulu, HI; Lavonda Taylor; National 
Coalition of Juvenile Justice, West Memphis, AZ; Ira Schwartz, 
Dean of Social Work, University of Pennsylvania, Philadelphia, 
PA; Richard Wertz; Senior National Director, Justice 
Fellowship, Washington, D.C.
    The third hearing, which focused on prevention programs, 
was held in Washington, D.C. on May 8, 1996. Testifying at the 
May 8 hearing were: Mr. Jim Braun, Executive Director, Youth in 
Need, St. Charles, MO; Michelle Wallis, Youth Vice Chair, 
National Network on Youth Policy and a Youth Volunteer with 
Youth in Need, St. Charles, MO; David Gilgoff, Executive 
Director, Valley Youth House, Allentown, PA; Lt. Jim Cervera, 
Community Police Project Coordinator, Virginia Beach Police 
Department, Virginia Beach, VA; Bill Long, Chief Probation 
Officer, York County, PA; Frank Buchum, Chairman, Missouri 
Juvenile Justice Advisory Group, Farmington, MO; Dr. Helen 
Chaset, Coordinator of Community and School Age Services, 
Montgomery County, Rockville, MD.
    The fourth hearing was held in San Diego, California on May 
13, 1996. Testifying at the May 13 hearing were: Judge James 
Milliken, Presiding Judge, Juvenile Court, San Diego, CA; 
Ronald Roberts, Chairman, San Diego Board of Supervisors, San 
Diego, CA; Alan Crogan, Chief Probation Officer, San Diego 
County, San Diego, CA; Jess Valenzuela, Director of Parks and 
Recreation, Chula Vista, CA; Kathy Lembo, Executive Director, 
South Bay Community Services, Chula Vista, CA; Janine Mason 
Barone, Fieldstone Foundation, San Diego, CA; Robert Fellneth, 
Executive Director, University of San Diego School of Law, San 
Diego, CA.

                           Legislative Action

    On July 25, 1996, the Subcommittee on Early Childhood Youth 
and Families reported H.R. 3876, ``The Juvenile Crime Control 
and Delinquency Prevention Act of 1996'', as amended by voice 
vote. At the markup's conclusion, Chairman Randy ``Duke'' 
Cunningham (R-CA) and Representative Robert Scott (D-VA) 
verbally agreed that majority and minority staff should 
continue working together in an effort to resolve outstanding 
issues before full-committee mark-up.
    On August 1 and August 2, 1996, the Committee on Economic 
and Educational Opportunities assembled to consider H.R. 3876. 
Representative Cunningham, Subcommittee Chairman for the Early 
Childhood, Youth, and Families Subcommittee offered an 
amendment in the nature of a substitute. The Substitute 
incorporated several suggestions from the minority. Further 
amendments to the amendment in the nature of the substitute 
were accepted and the Committee adopted the amendment in the 
nature of a substitute, as amended. H.R. 3876 was favorably 
reported out of Committee on August 2, 1996 by a recorded vote 
of 23-2.

                  Background and Need for Legislation

                            juvenile justice

Program history

    The Juvenile Justice and Delinquency Prevention Act of 1974 
(P.L. 93-415) inaugurated a comprehensive effort to address the 
increase in juvenile crime during that time period. The Act 
created an Office of Juvenile Justice and Delinquency 
Prevention, (OJJDP), in the Department of Justice. OJJDP 
administers grants for the purposes of improving the juvenile 
justice system and preventing juvenile delinquency. In addition 
to establishing OJJDP, the Act created the National Institute 
for Juvenile Justice and Delinquency Prevention to serve as an 
information and training center. It also established a smaller 
assistance program for Runaway Youth in the Department of 
Health, Education and Welfare (now Health and Human Services). 
In 1984, Congress expanded the 1974 Act by authorizing the 
Missing Children's Assistance Program (P.L. 98-473).
    When Congress enacted the Juvenile Justice and Delinquency 
Prevention Act of 1974, it chose a course similar to that of 
State reforms. The Act required that States separate juveniles 
from adults in secure facilities in order to be eligible for 
Federal formula grant monies. It placed a major emphasis on 
diverting youth from the legal system and placing them in 
community-based treatment centers.
    As Congress reauthorized the Act in 1977, 1980, 1984 and 
1988, five policy changes occurred: (1) the position of the 
Administrator of OJJDP within the Department of Justice, (2) 
juveniles were required to be removed from adult jails and 
lockups; (3) judges were required to issue a ``valid court 
order,'' to hold a status offender in a secure facility--this 
was in an effort to redirect status offenders from secure 
lockups to community-based facilities; (4) renewed emphasis was 
placed on strengthening and maintaining family values; and, (5) 
additional emphasis was placed on the prevention and control of 
serious juvenile offenses and youth gangs,
    The 1977 and 1980 reauthorization enhanced the authority of 
the head of OJJDP by removing the position from within the Law 
Enforcement Assistance Administration (LEAA), and placing it 
under the general authority of the Attorney General.
    The removal of youth from adult detention centers, a theme 
that appeared in the 1980, 1984, and 1988 reauthorizations, 
went beyond the 1974 Act's mandate for the separation of 
juveniles from adults in secure facilities. The first 
reauthorization required States to remove juveniles from all 
adult detention centers in order to be eligible for OJJDP 
formula grant monies. The third reauthorization in 1988 
reaffirmed congressional support for the removal of juveniles 
from adult jails.
    As part of the effort to ensure the deinstitutionalization 
of youth and to treat status offenders differently from their 
more violent counterparts, the Act required that a judge must 
issue a valid court order in order for a status offender to be 
held in a secure facility. The 1980 reauthorization put in 
place the exception to the valid court order. The exception 
states that an adjudicated status offender could be 
incarcerated in a secure facility, if he or she violated the 
terms of the valid court order. In 1984 Congress defined a 
valid court order as ``a court order given by a juvenile court 
judge to a juvenile who has been brought before the court and 
made subject to a court order. The use of the word 'valid' 
permits the incarceration of juveniles for violation of a valid 
court order only if they received their full due process rights 
as guaranteed by the Constitution of the United States.''
    The 1980, 1984, and 1988 reauthorizations emphasized the 
need to address the rise in youth violence and juvenile gangs, 
and the perceived breakdown of the family unit.
    The 1988 reauthorization, contained in the Anti-Drug Abuse 
Act of 1988 (P.L. 100-690), established grant programs within 
OJJDP for the purposes of preventing juvenile gangs, and drug 
trafficking and treating drug abuse. The 1988 reauthorization 
provided for special emphasis programs designed to strengthen 
and maintain the family unit as a means to prevent and treat 
juvenile delinquency.

Outlining the need for change

    Today, 22 years after the creation of this Act, statistics 
on juvenile violence nationwide have fueled a reassessment of 
earlier Federal and State reform efforts. On March 7, 1996, 
OJJDP released a study reporting that:
          In 1994 law enforcement agencies made over 2.7 
        million arrests of persons under age 18--six percent of 
        which were for a Violent Crime Index offense (murder, 
        non-negligence manslaughter, forcible rape, robbery and 
        aggravated assault).
          From 1985 to 1994, the percentage increases in 
        arrests have been greater for juveniles than adults.
          The juvenile arrests for violent crime shot up by 50% 
        between 1988 and 1994.
          In 1994, there were 2800 juveniles convicted as 
        murderers. Since 1984, the number of juvenile homicide 
        offenders has nearly tripled. The growth in homicides 
        has surpassed that among adults.
          The number of juveniles murdered increased by 82% 
        between 1984 and 1994.
          Between 1989 and 1993, the proportion of students 
        involved in gangs in school rose from 15 percent to 35 
        percent.
          The juvenile arrest rate for weapons violations 
        increased by 75% between 1987 and 1992.
          The number of juveniles killed with a firearm almost 
        tripled between 1984 and 1994.
    At a Department of Justice news briefing on May 13, 1996, 
Attorney General Janet Reno stated that, ``Twenty years ago, 
fewer than half our cities reported gang activity. A generation 
later, reasonable estimates indicate that there are now more 
than half a million gang members in more than 16,000 gangs on 
the streets of our cities. The result--more than 580,000 gang-
related crimes in 1993.''
    On December 17, 1995, the FBI released preliminary Uniform 
Crime Reporting figures for the first half of the year. FBI 
Director Louis J. Freeh noted that the new data was consistent 
with the recent downward trend in serious crime nationwide, 
though he stated that the level of violent crime is still 
intolerable.
    However, violent crime involving young people, both as 
perpetrators and victims, is on the rise--an alarming indicator 
of future trends. The number of juveniles arrested for weapons 
violations has skyrocketed--more than doubled over the past 
decade. In 1994, a weapons law violation was the most serious 
charge in 63,400 juvenile arrests. It is likely that many more 
arrests involved weapons violations. However, FBI coding 
procedures require an arrest to be classified by the most 
serious charge involved. Consequently, none of the juvenile 
arrests for homicides or rape involving a firearm would be 
categorized as a weapons violation since it would not be the 
most serious offense.
    The availability of weapons and drugs is both a contributor 
and a reflection of the rise in juvenile violent crime. For 
example, a Department of Justice study found that almost one-
fourth (23%) of those arrested for weapons offenses nationwide 
during 1993 were under the age of 18. Recent national surveys 
sponsored by the Department of Health and Human Services 
indicate that juvenile drug use, especially marijuana, is 
rising across the country. Marijuana use among 12 to 17 year 
olds jumped 37 percent last year, to 8.2 percent--more than 
double the rate in 1992. Cocaine use by America's youth, now at 
nearly 1 percent, is nearly three times the level of 1992 and 
monthly use of LSD increased by more than 50 percent, rising by 
nearly 200 percent since 1992.
    Some criminologists and policymakers argue that we are on 
the verge of a teenage crime explosion, as the children of the 
baby boomers reach the age at which they are most likely to 
commit crimes. John J. DiIulio, Jr., a Princeton University 
professor of politics and public affairs, not only foresees a 
teenage crime wave, but also describes some youngsters as 
``superpredators,'' lacking in moral values and more violent 
than previous generations.
    According to a 1996 report released by OJJDP, if trends 
continue as they have over the past 10 years, juvenile arrests 
for violent crime will more than double by the year 2010. The 
statistics are more staggering when you break down the 
anticipated increases by the type of crimes. The number of 
juvenile arrests for murder is predicted to increase 145% over 
the 1992 level by the year 2010. Aggravated assaults are 
expected to increase by 129% over the same period of time. The 
rate of juveniles committing rape is expected to increase by 
66% and the rate of arrests for robbery is expected to increase 
by 58%.
    Furthermore, recent studies have shown that a small portion 
of the offending population are committing the most heinous and 
violent crimes. Studies have shown that chronic offenders, 
about 6% of those juveniles who come in contact with the 
juvenile justice system, are responsible for about two-thirds 
of all violent offenses. In a study on high risk inner city 
youth, chronic offenders, about 14% to 19% of the offending 
population, commit three quarters of the juvenile violent 
crimes.
    Given the growing number of studies and reports that 
indicate a dramatic increase in juvenile crime, particularly 
violent juvenile crime, it is the belief of the Committee that 
the current Juvenile Justice and Delinquency Prevention Act 
must undergo major revisions. It must be reformed to 
effectively address the problems of juvenile delinquency and 
combat juvenile violent crime as it exists today.
    The Committee believes it is important for States and local 
communities to undertake activities which prevent juveniles 
from becoming involved in delinquent activities and committing 
violent criminal acts. At the same time, it is important that 
we also take steps to ensure that youth are accountable for 
their behavior. Accountability, in and of itself, can be used 
as a prevention tool. After all, 59% of the youth who are 
referred to juvenile court are one-time offenders; they never 
again come into contact with the juvenile court system.
    This legislation represents a new direction in efforts to 
prevent and control juvenile crime. It is the result of 
numerous meetings with the Minority and organizations and 
individuals interested in the issue of juvenile crime. It seeks 
to ensure youth receive appropriate punishments for their 
delinquent acts, and, at the same time, provides appropriate 
interventions to help ensure they are diverted from further 
delinquent activities.

                       RUNAWAY AND HOMELESS YOUTH

    The Runaway and Homeless Youth Act (RHYP) was enacted as 
part of the Juvenile Justice and Delinquency Prevention Act of 
1974 in order to help address the unique problems of runaway, 
thrownaway, or otherwise homeless youth. The problems of 
dealing with runaway and homeless youth are recognized as quite 
complex, multi-faceted and symptomatic of other problems 
adolescents are experiencing. The Act provides a variety of 
programs that range from providing crisis residential care to 
dealing with the risks of substance abuse, depression, 
depravation, illness, and sexual exploitation that face runaway 
and homeless youth today.
    The RHYP consists of three major programs, but primarily 
funds basic centers, i.e., local facilities that provide crisis 
residential care and counseling for runaway and homeless youth 
as well as counseling and after care services for the family 
(services provided following the youth's stay in the RHYP 
center). The law does not specify age or eligibility 
requirements for youth and is designed to meet the needs of 
runaway and homeless youth outside of the law enforcement and 
juvenile justice system. Youth generally may stay in the 
shelter up to two weeks. Basic center grants are made directly 
to the shelters, but dollar amounts are allocated according to 
each State's proportion of the population younger than 18 
years. The law states that 90 percent of the RHYP's 
appropriation be distributed as direct services. In addition, 
the program funds a national toll-free hotline where youth can 
receive information on shelter and services available to them.
    The Transitional Living Program (TLP) for Homeless Youth 
provides grants to local public and private organizations to 
address the shelter and service needs of homeless youth. This 
program is designed to meet the more complex, long term needs 
of older homeless youth ages 16-21. Grants are used to develop 
or strengthen community based programs which assist homeless 
youth in making a smooth transition to a productive adulthood 
and social self sufficiency. Grant money is also used to 
provide technical assistance to transitional living programs to 
enhance their capacity to acquire and maintain resources and 
service linkages in their local communities. It is estimated 
that between one-third and one-half of all youth served by the 
current runaway and homeless youth centers are homeless either 
through mutual agreement with their families or because they 
have been pushed out by a parent or legal guardian.
    A homeless youth accepted into the Transitional Living 
Program is eligible to receive shelter and services for up to 
540 days (18 months). The services include: information and 
counseling services in basic life skills, such as money 
management and housekeeping; interpersonal skill building, such 
as decision making and priority setting; educational 
advancement; job attainment; and mental and physical health 
care.
    The third major program of the RHYP is the Drug Education 
and Prevention Program (DEPP). The purpose of this program is 
to reduce and prevent the illicit use of drugs by runaway and 
homeless youth through service projects, research and 
demonstration programs. The program is designed to provide 
individual, family and group counseling to reduce or prevent 
drug abuse; develop and support peer counseling programs; 
develop and support community education programs including 
outreach to individual youth; provide assistance to runaway and 
homeless youth in rural areas through the development of 
support groups; provide training and information on drug abuse 
to persons involved in providing services to runaway and 
homeless youth; support research on the illicit use of drugs by 
runaway and homeless youth; and, improve the availability and 
coordination of local service programs assisting runaway and 
homeless youth. This program also funds technical assistance to 
runaway and homeless youth service providers.

                   MISSING CHILDREN'S ASSISTANCE ACT

    Concern over the growing number of missing children in the 
United States prompted Congress in 1982 to pass the Missing 
Children's Assistance Act which allowed the names of missing 
children to be entered into a data bank in the Department of 
Justice and through the National Crime Information Center and 
permit the exchange of records and information regarding 
missing children. The 1984 reauthorization of the Juvenile 
Justice and Delinquency Prevention Act expanded the Federal 
role in this area. The Act defined the term ``missing child''; 
established a toll-free hot-line to report information on the 
location of any missing child; established a National Resource 
Center in the Department of Justice to coordinate public and 
private programs and to disseminate information to assist law 
enforcement officials in the recovery of missing children; and 
authorized grants for research projects and programs related to 
missing children's cases.

                                Summary

    Title I of the Juvenile Crime Control and Delinquency 
Prevention Act of 1996 amends the Juvenile Justice and 
Delinquency Prevention Act to make substantial changes to the 
law. It streamlines overall State plan requirements and 
specifically modifies the four core State plan requirements to 
make them more flexible. The bill renames the Office of 
Juvenile Justice and Delinquency Prevention the Office of 
Juvenile Crime Control and Delinquency Prevention. The bill 
retains and revises the Part D Gang prevention program (Gang-
Free Schools and Communities). Parts E, F, G and H of current 
law are eliminated as is the authority for a White House 
Conference on Juvenile Justice.
    Title II of the Juvenile Crime Control and Delinquency 
Prevention Act of 1996 contains amendments to the Runaway and 
Homeless Youth Act. The purposes of the RHYP remain relatively 
unchanged. It will continue to fund local facilities providing 
emergency residential care and counseling for runaway and 
homeless youth; continue to focus on reuniting youth with their 
families; and continue to offer grants for transitional living 
projects and help assist in drug education and prevention 
activities. The amendments consolidate three separate funding 
streams for the RHYP, TLP and DEPP into a single authorization 
and make numerous technical corrections.
    Title III of the Juvenile Crime Control and Delinquency 
Prevention Act of 1996 authorizes funding for the Missing 
Children's Assistance Act.
    Title IV of the Juvenile Crime Control and Delinquency 
Prevention Act of 1996 retains and revises the Title V 
Incentive Grant Program for Local Delinquency Prevention 
Programs.
    Title V includes the General Provisions.

                            Committee Views

                            juvenile justice

Changing the name of the act and the office

    H.R. 3876 renames the Juvenile Justice and Delinquency 
Prevention Act the Juvenile Crime Control and Delinquency 
Prevention Act and makes similar changes to references to 
juvenile ``justice'' throughout H.R. 3876. The name change and 
other changes throughout the bill reflect a change in purpose 
and focus in legislation.
    It also mirrors what is happening in society. The nature of 
juvenile crime has changed dramatically over the past decade. 
Juvenile crime is on the rise and becoming more violent. A slap 
on the wrist is no longer the most effective way of dealing 
with the more violent juvenile offenders. The current Juvenile 
Justice and Delinquency Prevention Act does not recognize 
current trends in juvenile crime. We not only need to prevent 
crime, we need to control it in order to reduce the incidence 
of juvenile crime.
    While the Committee is changing the name of the Act and the 
name of the office, it is not the intention of the Committee to 
reduce the current emphasis on prevention programs. We do, 
however, clearly want to send a signal that the Federal 
government supports State and local efforts to control juvenile 
crime as well as efforts to prevent juvenile delinquency.
    In our view, the two most important approaches to attacking 
juvenile crime are clear: prevention and holding juveniles 
accountable for the crimes they commit. Controlling juvenile 
crime must start early with juveniles in order to make them 
understand that there are consequences for their actions. 
Sending the message to our nation's youth that they will be 
punished for their delinquent activities is one of the most 
effective means of crime control and prevention. This 
legislation supports both prevention and accountability 
activities. The name of the Act and the office should be 
changed to reflect the change in direction of our Federal 
juvenile justice program.

Providing flexibility to States in meeting the four core State plan 
        requirements

    In order for States to receive funds under the Juvenile 
Justice and Delinquency Prevention Act, they must meet four 
core State plan requirements, commonly referred to as 
``mandates.'' In addition, current law provides that a State 
must comply with each of the four mandates in order to receive 
one hundred percent of it's allotment. For each mandate with 
which a State is in compliance, it will receive 25 percent of 
its allotment. The four core requirements contained in current 
law are:
    1. Deinstitutionalization of Status Offenders.--Requires 
that status offenders not be placed in jails, lock-ups or 
secure detention and correctional facilities. The law was 
amended in 1988 to require a judge to go outside the court 
system to get clearance from an appropriate public agency 
before issuing a valid court order to hold a status offender in 
a secure facility.
    2. Separation of Juveniles from Adults in Institutions.--
Requires that juveniles housed with adults, be held out of 
``sight or sound'' of adults. Before the last reauthorization, 
the law had disallowed ``regular'' contact between adults and 
juveniles. The last reauthorization struck the word ``regular'' 
and disallowed ``all'' contact with adults. Current law also 
prohibits the use of part-time, full-time security staff and 
direct-care staff, of a jail or lockup for adults, to serve 
juveniles.
    3. Removal of Juveniles from Jails and Facilities for 
Adults.--Requires States to remove juveniles from adult jails 
or lockups, with a few exceptions.
    4. Overrepresentation of Minorities in Juvenile Justice.--
requires that States address efforts to reduce the proportion 
of minority juveniles detained or confined in secure 
facilities, jails and lockups, if such proportion exceeds the 
proportion of minorities represented in the general population.
    Over the years, the Committee has received information on 
the burdensome nature of the four core requirements. Several 
witnesses over the course of the Committee's four hearings on 
juvenile justice mentioned the burdens the mandates imposed at 
both the State and local level.
    In his testimony before the Committee, Thomas Corbett, 
Attorney General of the Commonwealth of PA, stated, ``I feel 
compelled to comment on the inflexibility of the regulations 
from a national perspective. * * * Someone at OJJDP still 
doesn't get it. The activities continue to be focused upon the 
rights of youth versus helping States identify activities which 
will assist them in the management of this new wave of 
dangerous juveniles. * * * I am not suggesting the repeal of 
the Act's core mandates. But irrational overregulation can 
cause excessive, needless work on already overworked 
professionals in our juvenile justice system.''
    Other witnesses pointed out problems with specific 
mandates. In each instance, the Committee has modified the 
existing mandates to provide more flexibility to the States in 
meeting these requirements.
            Deinstitutionalization of status offenders
    The Committee received testimony with respect to the 
mandate on the deinstitutionalization of status offenders. 
Jerry Kilgore, Virginia Secretary of Public Safety, stated, 
``Localities need the ability to detain status offenders in a 
secure environment. * * * More flexibility to deal with these 
offenders when they have their first exposure to the court 
system would enhance our chances of successful intervention.''
    Another witness, Lt. Dale Patch, Criminal Investigations 
Division, Des Moines, Iowa, stated, ``A fundamental problem in 
our juvenile justice system stems from a mandate in the JJDPA 
which calls for the ``Deinstitutionalization of Status 
Offenders'' which has caused States like Iowa to prohibit 
secure placement of children who are running away and not going 
to school * * * Our recommendation is to repeal the status 
offender mandate of the JJDPA and allow States to craft their 
own statutes to deal with status offenders.''
    H.R. 3876, in an effort to address these concerns, makes a 
number of changes to current law to increase the flexibility of 
the States to treat status offenders in the most appropriate 
manner. The bill returns to prior law by eliminating the need 
for a judge to receive a report from an ``appropriate public 
agency'', (other than a court or law enforcement agency), 
before the issuance of a valid court order allowing a juvenile 
to be held in a secure facility. This will enhance the ability 
of courts to detain status offenders when necessary, by 
allowing the judge to issue a valid court order without 
receiving a report from an appropriate public agency. It is 
important to note, however, that the rest of this mandate 
remains in place, making it clear that courts must exercise 
great care before holding young status offenders in a secure 
facility.
    However, the Committee recognizes the need to ensure the 
proper placement of youth who do commit status offenses. 
Therefore, in an amendment offered by Mr. Greenwood (R-PA), 
H.R. 3876, requires the appropriate child protective services 
agency to be promptly notified if a juvenile is held under a 
valid court order. The appropriate agency, after receiving a 
referral by the court, is required to personally interview the 
juvenile within 24 hours of the referral and to submit a 
recommendation to the court within 72 hours after the juvenile 
is taken into custody. After receipt of such report, the court 
is then required to conduct a hearing to determine two things. 
First, if the juvenile committed the status offense; second, 
the appropriate placement for the juvenile, pending disposition 
of the status offense that is the subject of the valid court 
order. While advice from an outside agency is still required, 
the Committee believes it is important that a judge be allowed 
to issue a valid court order prior to soliciting such input.
    This position also received support during hearings before 
the Committee. Linda O'Neal, Executive Director, Tennessee 
Commission on Children and Youth, stated, ``We should not 
eliminate the deinstitutionalization mandate. * * * However, 
there may be a need to eliminate new provisions added to the 
valid court order exception in 1992 that requires 
administrative review of juvenile court decisions regarding 
valid court orders. Perhaps review of such decisions should be 
handled through the judicial process, rather than through an 
administrative review process.''
    The Committee is also concerned about the ability of the 
court to hold runaways in order to reunite them with their 
parents. Parents must often travel across the country in order 
to be reunited with their children. However, current law 
prevents the courts from holding a juvenile for longer than 24 
hours, even if the child's parents are en route to pick up the 
child. H.R. 3876 addresses this concern by permitting status 
offenders to be held for purposes of reuniting them with their 
parents or guardian. The Committee urges the courts to exercise 
caution when holding runaways in order to reunite them with 
their families. It is important to ensure that such youth are 
not running away from an abusive situation at home.
            Separation of juveniles from adults in institutions
    Several witnesses also discussed the ``sight and sound'' 
separation mandate for periods when juveniles are held in the 
same facility with adults. Jerry Kilgore, Virginia Secretary of 
Public Safety, stated in his testimony before the Committee, 
``The requirement of absolute ``sight and sound'' separation 
places an unwieldy burden on many localities. * * * The result 
of this requirement forces local jails to under-utilize space 
that could otherwise be used to alleviate overcrowding.''
    The sentiment was also expressed by James Backstrom, Dakota 
County Attorney, MN (on behalf of the National District 
Attorneys Association), who stated in his testimony, ``* * * 
regulations which make it a violation for inadvertent contact 
to occur between a juvenile and adult offender should be 
eliminated * * * modifications to absolute ``sight and sound'' 
restrictions are both appropriate and necessary, as local law 
enforcement officials seek to cope with dramatic increases in 
violent juvenile crime.''
    H.R. 3876 modifies the current law provision to prohibit 
regular and incidental unsupervised contact. The Committee does 
not believe that sporadic encounters in hallways between 
juveniles and adults, as they are traveling to and from meals, 
exercise areas, etc. is harmful provided there is appropriate 
supervision of these incidental, infrequent meetings.
    This modification was supported during Committee hearings. 
According to Linda O'Neal, Executive Director to the Tennessee 
Commission (on Children and Youth on behalf of the Coalition 
for Juvenile Justice), ``With regard to sight and sound 
separation, the term ``regular'' could again be inserted in the 
separation mandate to allow for occasional, incidental 
contacts. This would make it easier for States to meet this 
mandate, as all but two now do.''
    Concerns were also raised regarding the prohibition on 
``shared staff'' as part of the sight and sound separation 
requirement. For example, an individual serving a meal to an 
adult could not serve a meal to a juvenile, even if they were 
not served at the same time. According to James Backstrom 
(speaking on behalf of the National District Attorneys 
Association), ``The prohibition of the use of shared staff in 
both juvenile and adult detention facilities should be 
eliminated. Reasonable restrictions, such as preventing staff 
from working in both facilities on the same shift, would be 
appropriate.'' The Committee agrees that this restriction is 
particularly burdensome, especially in small communities and in 
rural areas. The Committee further believes that staff should 
be able to work with both juveniles and adults as long as they 
have been appropriately trained. As such, H.R. 3876 would 
permit shared staff to work with juveniles, provided the staff 
has been trained to work with juveniles. States must provide 
assurances that there is in effect a State policy requiring 
such training.
            Removal of juveniles from jails and facilities for adults
    Witnesses also expressed concerns over provisions in 
current law that require separate facilities for juveniles and 
adults, if the juvenile is to be held for more than a twenty-
four hour period while awaiting an initial court appearance. 
This requirement was particularly burdensome in rural areas 
with a limited number of law enforcement officers and separate 
facilities for juveniles. While current law does provide some 
exceptions to this requirement, H.R. 3876 builds additional 
flexibility into the law by extending the period of time to up 
to 48 hours, excluding weekends and holidays, for which 
juveniles can be held in a facility with adults, prior to an 
initial court appearance.
    The Committee was also concerned that current law 
provisions did not adequately address the issue of where to 
house violent juveniles, who, after a determination at a 
probable cause hearing, are charged as an adult. The Committee 
is concerned about the adverse impact of housing such juveniles 
with non-violent offenders, as doing so could present a danger 
to the non-violent offenders. As such, the Committee allows 
States to hold violent juveniles charged or convicted as adults 
in facilities with adults as long as there is no regular, 
unsupervised incidental, contact with adults. Currently States 
can charge and prosecute violent juveniles as adults. The 
Committee believes that States should also be in a position to 
decide where to incarcerate such violent youth.
            Overrepresentation of minorities in juvenile justice
    H.R. 3876 also makes changes to the overrepresentation of 
minorities mandate. Current law focuses on the number of 
minorities in the judicial system compared to the general 
minority population and does not look at the actual number of 
crimes committed by minorities. It only focuses on how many 
juvenile minorities are incarcerated. Current law can be 
interpreted to force States to release violent youth of 
minority origin or to refuse to arrest delinquent youth, if 
their numbers in confinement exceed their numbers in the 
general population.
    The Committee is concerned about the interpretation of this 
mandate. While we believe a modified focus on the possible of 
over-representation of minorities in the juvenile crime system 
can be maintained in the law, we believe current law must be 
changed.
    The State of Virginia has spent over $800,000 just on 
reports required for compliance with this mandate. While they 
have found that a disproportionate number of minorities have 
been incarcerated compared to their percentage in the general 
population, they have also found this can be attributed to 
factors other than race. Such factors include economic 
conditions, family situation, severity of crime, and the number 
of past offenses. They have not found that sentences have been 
given out or that penalties have been enhanced based on race.
    Jerry Regier, Director, Oklahoma Department of Juvenile 
Justice, in testimony before the Senate Subcommittee on Youth 
Violence on March 12, 1996, discussed a study published in late 
1993 analyzing this issue in the State of Oklahoma. According 
to the study, African-American juveniles represented 9.6% of 
the juvenile population in Oklahoma but comprised 25% of all 
juvenile arrests. Native American juveniles, on the other hand, 
comprised 11.2% of the juvenile population yet only 5.1% of the 
total arrested. According to Mr. Regier, ``Quotas are not the 
answer. Youth are placed in a system based on their acts, not 
their race. We do not plan to go out and arrest more Native 
American youth to get their numbers up, nor will we cease 
arresting African-American juveniles who commit crimes. Youth 
are arrested and adjudicated based on their acts, not their 
race.''
    The Committee bill maintains an over-representation 
mandate, but changes the focus so that attention is paid as to 
whether a certain minority population is over-represented among 
all youth that have committed an offense, rather than the 
number of minorities in the general population. The bill also 
allows a State to take into account ``all relevant factors.'' 
This would include factors that have a direct impact on a 
judge's sentencing decision, such as the type and intensity of 
the offense and the juvenile's family background.
    The Committee believes the criminal justice system should 
be color blind. Individuals charged for the same crime under 
the same circumstances should be treated uniformly by the 
juvenile justice system. The modifications made by H.R. 3876 to 
the current mandate will help ensure that our efforts eliminate 
the true bias in the juvenile justice system and does not 
create quotas, which could result in the release of violent 
juvenile offenders.
            Change in penalties for non-compliance
    Finally, the Committee bill modifies current law provisions 
allowing 25 percent of a State's funds to be held for each 
mandate for which it is not in compliance. Several witnesses 
discussed this issue during hearings before the Committee. 
James Backstrom, Dakota County Attorney, MN (on behalf of the 
National District Attorneys Association) stated, ``The funding 
prohibitions are * * * too drastic a penalty.'' Jerry Kilgore, 
Virginia Secretary of Public Safety also expressed this 
concern, and stated, ``the current strategy of reducing funding 
by 25% for each area of non-compliance and requiring that all 
remaining funds be dedicated to compliance improvement is 
unnecessarily punitive.''
    The Committee agrees with these witnesses and has modified 
the law to provide States with 50 percent of their State 
allotment, independent of their compliance with the four core 
requirements. States can still lose up to one-quarter of the 
remaining 50 percent of their allotment (12.5%) for each core 
requirement for which they are not in compliance. However, this 
change will ensure that States still receive funds with which 
to combat juvenile delinquency even if they are not in 
compliance with all of the mandates. It is the view of the 
Committee that States should not be denied important financial 
resources for combating juvenile crime, simply because they are 
having difficulties meeting the four core requirements. Not 
only do States suffer under current law requirements, but the 
juveniles who require services funded through this Act suffer 
as well. The changes to this provision contained in H.R. 3876 
represent a thoughtful solution to this problem. While still 
providing a financial incentive for States to meet the 
mandates, the penalties are not so harsh as to thwart State 
efforts to address issues related to juvenile delinquency.

Requiring juveniles to be accountable for their actions

    One theme which echoed throughout the hearings held by the 
Subcommittee was the need to hold juveniles accountable for 
their actions. Forty-four States have already strengthened 
their State laws with respect to violent juvenile offenders. At 
the Federal level we need to support States' efforts to deal 
with violent, repeat offenders as well as encourage efforts to 
demonstrate to nonviolent offenders that their delinquent 
behavior will not be tolerated. According to noted 
criminologist James Q. Wilson, ``There ought to be penalties 
from the earliest offense * * * so that juveniles are treated 
by the State the same way we treat our children. You don't 
ignore the fact that they're wrecking the house until they 
finally burn it down. You try to deal with it right away.''
    In addition, Jean Warner, in the Yale Law and Policy 
Review, stated, ``By reconfirming the moral base of the law and 
by emphasizing that those who commit crimes will be held 
accountable to their victims because it is `right' to do so, 
restitution may increase commitment to the moral order.''
    The Committee has, therefore, modified the section of the 
State plan outlining the purposes for which funds under this 
Act are spent. Now States can use Federal funds to support 
State programs that hold youth accountable for their actions. 
Specific items include:
    1. A system, subject to the discretion of the State, that 
provides for the prosecution as adults for those juveniles 
under 18 years of age, who commit an act that would be a 
violent crime if committed by an adult.
    2. A system of open records relating to any adjudication of 
juveniles less than 18 years of age, who are adjudicated 
delinquent for conduct that if committed by an adult would be a 
felony. The system must also meet certain requirements, such as 
making these records available to law enforcement agencies, the 
courts and school officials.
    3. Programs that hold juveniles accountable for their 
actions. Such programs could include the use of neighborhood 
courts or panels that increase victim satisfaction and require 
juveniles to make restitution for the damage they caused. Such 
a system could also include a system of graduated sanctions for 
juvenile delinquents that ensures an appropriate sanction for 
every delinquent act.
    4. Programs that utilize multidisciplinary interagency case 
management and information sharing procedures. Such programs 
would 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 and 
serious delinquent acts.
    5. The expanded use of probation officers. States could now 
permit nonviolent delinquent juveniles to remain at home with 
their families as an alternative to incarceration or 
institutionalization by assigning a probation officer to ensure 
that the juvenile follows the terms of their probation.
    Youth who do not believe that they will be punished for 
their inappropriate behavior are more likely to repeat their 
behavior. There is also an increased likelihood that the types 
of delinquent activities in which they engage will become more 
serious if they are not appropriately sanctioned. It is the 
view of the Committee that giving States the flexibility to use 
funds for accountability, prevention, and programs which 
provide appropriate sanctions for each delinquent act will 
allow States to more effectively address juvenile delinquency. 
It is the further belief of the Committee that these changes 
will allow the States to reduce the recidivism rate among 
juvenile offenders.

Consolidating juvenile justice programs

    The Committee bill eliminates four categorical programs 
authorized under current law: Boot Camps, Mentoring, State 
Challenge Activities, and Treatment for Juvenile Offenders Who 
are Victims of Child Abuse and Neglect. These programs were 
added during the 102nd Congress. Two of these programs, Part 
F--Treatment for Juvenile Offenders Who are Victims of Child 
Abuse or Neglect and Part H--Boot Camps, have never been 
funded. Funding for the Part E--State Challenge Activities and 
Part G--Mentoring Program received minimal funding. It is the 
view of the Committee that program dollars should be 
consolidated in order to provide States with one flexible 
funding stream to carry out activities to reduce juvenile 
delinquency. However, it is not the intention of the Committee 
to discourage the types of activities authorized by these 
programs. H.R. 3876 modifies the State plan section outlining 
the permissible uses of funds under this Act. States will now 
be allowed to use their funds for activities related to boot 
camps, mentoring, and the treatment of juvenile offenders who 
are victims of child abuse and neglect.
    The Committee bill also eliminates the authorization for 
the White House Conference on Juvenile Justice. This conference 
has never been held and it is the view of the Committee that 
funds authorized for this purpose would be better used for 
State and local efforts to combat juvenile crime and to provide 
direct services to the juvenile population.

Refocusing federal gang prevention efforts

    The existing Juvenile Justice and Delinquency Prevention 
Act contains two gang prevention programs under Part D, Gang-
Free Schools and Communities and Community-Based Gang 
Intervention. It is the view of the Committee that the need 
does not exist for two gang prevention programs under this Act. 
Several Federal agencies, including the Departments of Justice, 
Education, Health and Human Services, and Housing and Urban 
Development administer a variety of anti-gang programs.
    The Committee does, however, recognize that there is a need 
to address this growing problem. According to the Office of 
Juvenile Justice and Delinquency Prevention (OJJDP), ``law 
enforcement and media reports suggest that criminal youth gangs 
are active in nearly every State.'' OJJDP estimates, based on a 
survey of law enforcement officials in 35 cities, that there 
are almost 1,500 gangs and over 120,000 gang members 
nationwide. According to the FBI, juvenile gang killings rose 
by 371% from 1980 to 1992.
    In addition, a 1993 survey by the National Center for 
Education Statistics (NCES), a national sample of students from 
the sixth grade through the twelfth grade, found that 35 
percent of the students reported ``fighting gangs'' in schools. 
Students who were aware of the existence of gangs in schools 
were two times more likely to report weapons in school. 
Students reporting both weapons and gangs in school were at 
least twice as likely to be concerned that they might be 
victims of violent crime, namely physical attacks and robbery.
    As a result, the Committee has included one juvenile gang-
prevention program as part of the Juvenile Crime Control and 
Delinquency Prevention Act. However, it is the belief of the 
Committee that the program should be very flexible and permit 
communities to design programs which meet their specific needs. 
There is no one solution to addressing problems related to 
youth gangs. Gangs exist all across the country and differ from 
cities, to suburbs, to rural areas across the United States. 
Therefore, each local community must be free to design a 
program which meets their specific needs. The Committee bill 
provides broad flexibility to local communities in designing 
gang-prevention programs. H.R. 3876 permits communities to 
choose those individuals and organizations they feel will be 
most effective in assisting them in their efforts to address 
problems of youth gangs.
    Communities throughout the United States are already 
developing their own gang-prevention programs. It is the view 
of the Committee that we should be supporting such efforts, 
rather than trying to design a one-size fits all program. A 
good example of a successful gang-prevention program is one 
operated in Hawaii by Sidney Rosen, with Adult Friends for 
Youth. In his testimony before the Committee, Mr. Rosen 
described a youth gang intervention and treatment program which 
has successfully improved outcomes for gang members. Mr. Rosen 
pointed out his program had significantly improved high school 
graduation rates. In a survey of 79 gang members, the 
graduation rate had jumped from 20 to 70 percent. Eighty-seven 
percent of the youth surveyed were either working full time or 
pursuing additional schooling. In addition, only 10 percent of 
the survey group had been arrested and none had received a 
prison sentence. With many groups, there had been an evolution 
from gangs to social clubs. And, hostilities between gangs had 
also been terminated. Mr. Rosen received no Federal support for 
his program, which had been locally designed and implemented.
    Finally, it is the view of the Committee that gang-
prevention efforts under this Act should be focused on those 
gangs which present the biggest and most hostile threat to 
society, not those which are purely social in nature. As such, 
H.R. 3876 focuses the new gang-prevention program on those 
gangs that commit crimes, particularly violent crimes, those 
that unlawfully use firearms and other weapons, and those that 
traffic drugs.

General streamlining and flexibility

    The Committee believes it is very important to provide 
States with broad flexibility to design programs which meet 
their own unique needs in addressing problems of juvenile 
delinquency, especially juvenile crime. As such, the Committee 
has eliminated many unnecessary State plan requirements and 
other provisions which limit State flexibility. A number of 
witnesses testified in support of State and local flexibility. 
Ron Roberts of the San Diego County Board of Supervisors, 
stated, ``I would encourage the Subcommittee to support the 
elements of this legislation that provide flexibility to design 
and implement local solutions to local problems.''
    In addition, the Committee has included language in H.R. 
3876 which limits the ability of the Administrator to establish 
rules, regulations and procedures only to the extent necessary 
to ensure compliance with the specific requirements of Title 
II. In addition, the bill prohibits the Administrator from 
establishing rules, regulations or procedures applicable to 
compliance with the four core requirements. It is the view of 
the Committee that the Office of Juvenile Justice and 
Delinquency Prevention has issued regulations which are more 
prescriptive than the mandates themselves. For instance, while 
the law requires separate facilities for juveniles and adults, 
the regulations go much further. For example, Virginia is in 
the process of building a juvenile facility on the same 
property as a facility for adults. The facilities are located 
one quarter of a mile apart. However, Virginia has spent 
$50,000 to build a hill of dirt on the property to ensure 
juveniles cannot see the adult facility because the Office of 
Juvenile Justice and Delinquency Prevention ruled they would 
otherwise not be in compliance with the mandate.
    The bill also provides that States, which have their own 
laws requiring compliance with the mandates on 
deinstitutionalization of status offenders, separate facilities 
for juveniles and adults, and sight and sound separation of 
juveniles from adults when they are held in the same 
facilities, shall be deemed to satisfy the requirements under 
the Act. The bill does not include the mandate dealing with 
minority over-representation because this specific mandate 
already allows the State to design their own efforts to address 
instances of minority over-representation.
    This provision was supported by Jerry Kilgore, Virginia 
Secretary of Public Safety, who stated in his testimony before 
the Committee, ``Compliance monitoring and reporting 
requirements should be reduced for States such as Virginia, 
with State codes which prohibit the practices for which 
compliance monitoring is required.''
    The bill also provides the chief executive officer of each 
State with greater flexibility in designating the membership of 
the State advisory group, whose purpose is to advise the State 
on matters of juvenile justice. H.R. 3876 also requires, for 
the first time, that the State Attorney General or the State 
official with primary responsibility for overseeing the 
enforcement of State criminal laws is to be appointed as a 
member of the advisory group. The Act further stipulates this 
individual is to be consulted by the chief executive officer on 
the selection of other members of the group. The Committee 
strongly believes the individual in the State, be it the State 
Attorney General or some other official, who is responsible for 
overseeing the enforcement of State criminal laws should have a 
prominent role in planning for activities within the State 
which address juvenile crime. Their overall knowledge and 
expertise in this area should not be overlooked.
    Finally, in emphasizing increased flexibility for the 
States, the Committee reported bill deletes a vague and broadly 
worded provision from current law which requires States, as 
part of their 3-year plan for carrying out the purposes of the 
Juvenile Justice and Delinquency Protection Act, to provide 
that ``fair and equitable arrangements shall be made to protect 
the interests of employees affected by assistance'' under the 
Act \1\--including ``preservation of rights, privileges and 
benefits'' under existing collective bargaining agreements or 
otherwise, the ``continuation of collective bargaining 
rights,'' the protection of individual employees against a 
``worsening'' of their positions with respect to their 
employment, ``assurances of employment'' to State and local 
government employees who will be affected by programs funded 
under the Act, and training or retraining programs.
---------------------------------------------------------------------------
    \1\ Section 223(a)(19).
---------------------------------------------------------------------------
    The Committee has several concerns with the provision. It 
is simply unfair to force State and local governments to absorb 
the potential administrative burden and expense of the labor 
provision as a cost (which is presumably passed on to the 
taxpayers) of doing business with Federal government. The 
provision is inconsistent with the move toward greater 
flexibility in the juvenile justice program and the Committee 
is not persuaded that its far-reaching requirements should be 
continued in law.
    As an initial matter, labor relations with regard to public 
sector employees has traditionally been the province of State 
and local governments. Particularly with regard to collective 
bargaining rights, the Congress has declined to interfere with 
the negotiations between State and local governments and their 
employees over the terms and conditions of employment. Thus, 
for example, the definition of covered employers in section 
2(2) of the National Labor Relations Act specifically excludes 
States and any political subdivisions thereof. While the 
reported bill would not prevent a State or local government 
from reaching agreements with any of its employees who may be 
affected by the provision of assistance under the Act, the 
Committee did not feel it prudent to mandate such extensive 
protections which cover virtually the entire employment 
relationship.
    While some have argued that the JJDPA's collective 
bargaining provision is the same or similar to section 13(c) of 
the Federal Transit Act \2\ (formerly the Urban Mass 
Transportation Act of 1964), and therefore should be adopted, 
such a contention misses the mark. Section 13(c) has been very 
difficult to administer, and, in any case was targeted at 
protecting private sector transit employees as ownership of 
mass transit operations was transferred, under far-reaching 
Congressional legislation, from the private sector to the 
public sector. In this context, employees who were covered by 
the collective bargaining protections of private sector Federal 
labor law, the National Labor Relations Act, would potentially 
lose such protections when their employment relationships 
became governed by public sector State and local law. In the 
context of juvenile justice programs, the employees who the 
collective bargaining provision is intended to benefit are 
currently, and will continue to be, State and local government 
employees. While the Committee declines to mandate continuation 
of collective bargaining and other protections for this class 
of State and local government employees, it should be noted 
that the Committee bill does not limit in any way the 
application to these employees of the numerous Federal labor 
laws where the Congress has made a judgment to extend 
protections to public sector employees.
---------------------------------------------------------------------------
    \2\ Codified at 49 U.S.C. section 5333(b).
---------------------------------------------------------------------------
    Finally, even if the Committee were disposed to involve the 
Federal government in dictating to the States how to define the 
terms and conditions of the employment relationships with their 
employees, the almost unlimited scope of the subject provision 
is in itself unacceptable. The broad language of the current 
law's provision seems to require a guarantee that any employees 
affected by the assistance provided under the Act will never 
have any change in the terms or privileges of their employment. 
The language appears to provide for the continuation of 
collective bargaining rights without regard to whether or not 
there continues to be majority support for the elected 
bargaining representative, or when a collective bargaining 
agreement expires. The provision requires that individual 
employees be protected from a ``worsening'' of their employment 
positions--a term which is not defined and may often be ``in 
the eyes of the beholder.'' These requirements threaten to lock 
in for perpetuity the status quo. In today's dynamic 
environment, no workplace can be insulated from change in this 
sweeping manner.
    It is the view of the Committee that this increased 
flexibility will go a long way in assisting States to develop 
innovative programs to reduce the incidence of juvenile 
delinquency.

                       RUNAWAY AND HOMELESS YOUTH

    In recent years, there have been many proposals to 
consolidate RHYP, TLP and DEPP into one comprehensive program 
for runaway and homeless youth. The current law configuration 
of three separate funding streams has proven to be piecemeal, 
unnecessary and duplicative. There has been agreement that 
consolidation would significantly reduce the burden of grant 
applications and administration for agencies serving runaway 
and homeless youth. Additionally, local communities need and 
want greater flexibility in designing services to this target 
population. The Committee report accompanying the Labor, Health 
and Human Services, and Education Appropriations bill for 
fiscal year 1996 directly addressed the need for a consolidated 
authorization by stating ``The budget request proposed to 
consolidate these programs; the (Appropriations) Committee has 
not done this because it is not authorized by law''. The need 
for consolidation of these programs was additionally part of 
their rationale in defunding the Drug Education Prevention 
Program. ``The elimination of small categorical programs also 
saves Federal administrative costs, and reduces bureaucratic 
paperwork and grant forms that must be filled out by the local 
providers''. Additionally, both the Bush and Clinton 
administrations' have proposed consolidation of these programs.
    While the desire to consolidate the funding streams has 
been non-controversial, the Committee has taken special steps 
to preserve the distinct differences between the basic center 
grants and transitional living programs and in particular, not 
to administer funds for both programs under a single formula 
allocation. In testimony before the Committee, James Braun, 
President and CEO of Youth in Need, St. Charles, MO stated:

          The care of runaways and helping homeless youth 
        transition to productive adulthood cannot and should 
        not be provided under the same program. Consequently, 
        transitional living programs for older homeless youth, 
        while part of the continuum of services, should remain 
        distinct from the basic centers program * * * I would 
        urge that any streamlining of RHYA avoid blending, and 
        thus weakening, these distinct short term and long term 
        services.

    The Committee, working in conjunction with the Department 
of Health and Human Services, and the minority staff 
constructed legislation that directly addresses the 
consolidation concerns. The legislation consolidates the 
authorization for the current Runaway and Homeless Youth, 
Transitional Living for Homeless Youth, and the Drug Education 
and Prevention for Runaway and Homeless Youth programs into a 
single funding stream, while retaining the formula based 
allocation for basic center grants and the national competitive 
process for transitional living grants. The Runaway and 
Homeless Youth Program will continue to provide grants to local 
public and private organizations to establish and operate local 
runaway and homeless youth centers to address the crisis needs 
of runaway and homeless youth and their families. Grants will 
continue to be used to develop or strengthen community based 
centers which are outside the law enforcement, juvenile 
justice, child welfare and mental health systems. Additionally, 
home-based, street-based and drug education and prevention 
activities are all allowable uses of funds under the basic 
center grants. The Runaway and Homeless Youth Act continues to 
require that 90 percent of the program funds be used to 
establish and operate basic centers and transitional living 
programs which meet the immediate needs of runaway and homeless 
youth. Basic center grants would continue to be allotted among 
the States based on each State's population under 18 years of 
age. Applications for basic center grants are selected for 
funding through a competitive review process based on each 
State's allocation of funds under the formula.
    The Transitional Living Program would no longer have a 
separate funding stream, but would continue to receive no less 
that 20% of the appropriation. The Transitional Living grants 
will continue to be awarded by the Secretary on a national 
competitive basis.
    Despite the fact that the Drug Education and Prevention 
Program (DEPP) did not receive funding in FY '96, the Committee 
recognizes the importance of drug education and prevention 
among the runaway and homeless youth population and continues 
to make it an allowable use of funds under the basic center 
grants.
    In addition to the funds which directly support basic 
centers and temporary shelters for runaway and homeless youth, 
approximately 10 percent of the funds in each of the past five 
years have been used to fund projects which support and 
strengthen the work of the shelters. These include: the 
national toll free runaway and homeless youth hotline, training 
and technical assistance activities; research and demonstration 
projects; and methods to improve program administration, 
outreach, and prevention activities among local shelters. These 
activities would continue under the Committee legislation.
    The Committee bill corrects several legislative drafting 
errors from the previous authorization. One of the most 
substantive corrections is to the Grants for Prevention of 
Sexual Abuse and Exploitation. This program was included in the 
Violent Crime Control and Law Enforcement Act of 1994 as an 
amendment to the Runaway and Homeless Youth Act. The amendments 
were not executed because of incorrect section references. This 
program allows the Secretary to make grants to private non-
profit agencies for street based outreach and education 
including treatment, counseling, information and referral to 
runaway, homeless and street youth who are at risk of sexual 
abuse. Despite the drafting error, the program did receive $5.5 
million in funding in FY '96 from the Violent Crime Trust Fund. 
In correcting the technical errors, it is the intent of the 
Committee that this program continue to receive funding from 
the Violent Crime Trust Fund. The authorization is updated to 
the year 2000 at ``such sums''.
    The Committee bill significantly improves the operation and 
effectiveness of the RHYP by streamlining the Act; reducing the 
number of separately authorized programs; removing duplicative 
provisions, and improving the organization of the Act. It 
changes reporting requirements and requires HHS to submit a 
biennial (instead of annual) report to Congress. Additionally, 
the bill repeals the separately authorized Temporary 
Demonstration Projects to Provide Service to Youth in Rural 
Areas which has never received an appropriation. The bill 
highlights the need for runaway and homeless youth services in 
rural areas in the findings section of the text. The Act has 
been successful in helping to meet the needs of runaway and 
homeless youth. The Committee amendments will help to 
strengthen these activities and protect youth by keeping them 
off the streets, away from criminal activities and out of 
desperate circumstances. The Committee hopes that these 
programs will continue to focus on youth with the greatest need 
for these services and continue to reunite youth with their 
families.

                         MISSING CHILDREN'S ACT

    Title III of the Juvenile Crime Control and Delinquency 
Prevention Act makes two minor amendments to The Missing 
Children's Assistance Act. The Missing Children's Assistance 
Act makes grants available to develop programs that assist in 
the recovery of missing and exploited children. The National 
Resource Center on Missing Children within the Office of 
Juvenile Justice and Delinquency Prevention (OJJDP) at the 
Department of Justice provides such services as a toll free 
hot-line to report sightings of missing children, entering 
missing children's names in the National Criminal Information 
Center's computerized database; coordination among Federally 
funded programs relating to missing children; information on 
effective models of Federal, State and local programs for the 
recovery of missing children; training and technical assistance 
to State clearinghouses, nonprofit organizations, prosecutors, 
law enforcement personnel, and attorneys. The Committee bill 
extends the authorization through the year 2000 and repeals the 
special study and report that is currently underway. No other 
changes are made to this Act.

                      Section-By-Section Analysis

    Section 1. Short Title; Table of Contents. Cites the short 
title as ``Juvenile Crime Control and Delinquency Prevention 
Act of 1996'' and provides a table of contents.

Title I--Amendments to the Juvenile Justice and Delinquency Prevention 
                              Act of 1974

    Section 101. Findings. Amends the Congressional findings of 
the Juvenile Justice and Delinquency Prevention Act of 1974.
    Section 102. Purpose. Amends the purpose of the Juvenile 
Justice and Delinquency Prevention Act of 1974.
    Section 103. Definitions. Amends the definitions found in 
the Juvenile Justice and Delinquency Prevention Act of 1974.
    Section 104. Name of Office. Renames the Juvenile Justice 
and Delinquency Prevention Office as the Office of Juvenile 
Crime Control and Delinquency Prevention.
    Section 105. Concentration of Federal Effort. Revises the 
duties of the Administrator to streamline the Federal effort.
    Section 106. Coordinating Council on Juvenile Justice and 
Delinquency Prevention. Eliminates the Council.
    Section 107. Annual Report. Amends the required content of 
the Annual Report to requiring and evaluation of the 
effectiveness of programs funded in Title II.
    Section 108. Allocation. Makes technical corrections to 
Section 222 of the Juvenile Justice and Delinquency Prevention 
Act.
    Section 109. State Plans. Revises the makeup, 
qualifications and duties of the State advisory groups as well 
as amends the contents of the plans they are to submit.
    Section 110. National Institute for Juvenile Justice and 
Delinquency Prevention. Renames the Institute, the National 
Institute for Juvenile Crime Control and Delinquency 
Prevention.
    Section 111. Research, Demonstration, and Evaluation 
Functions. Encourages the study of the prevention of serious 
and violent crimes.
    Section 112. Technical Assistance and Training Functions. 
Makes technical corrections to Section 244 of the Juvenile 
Justice and Delinquency Prevention Act.
    Section 113. Establishment of Training Program. Amends the 
qualifications of enrollees in the Institute's training 
program.
    Section 114. Curriculum for Training Program. Removes the 
mention of hate crimes in the curriculum for the Institute's 
training program.
    Section 115. Special Studies and Reports. Repeals Section 
248 of the Juvenile Justice and Delinquency Prevention Act, 
which references studies that have been completed.
    Section 116. Grants and Contracts for Special Emphasis 
Prevention and Treatment Programs. Requires contracts and 
grants to be made on a competitive basis and amends the type of 
programs for which the grants and contracts may provide.
    Section 117. Considerations for Approval of Applications. 
Amends the considerations for approval of applications for 
grants and contracts.
    Section 118. Gang-Free Schools and Communities. Allows the 
Administrator to make grants or contracts designed to reduce 
gang activity.
    Section 119. Repealers. Repeals Part E of Title II of the 
Juvenile Justice and Delinquency Prevention Act, specifically 
the State Challenge Grants.
    Section 120. Repealers. Repeals Part F--Treatment for 
Juvenile Offenders Who are Victims of Child Abuse or Neglect; 
Part G--Mentoring; and Part H--Boot Camps and makes technical 
corrections to Part I, as added by section 2(I)(1)(C) of Public 
Law 102-586.
    Section 121. Authorization of Appropriations. Authorizes 
appropriations for the fiscal years 1997, 1998, 1999, and 2000. 
There are to be authorized for Title II, other than part D, 
$225,000,000 for FY 1997 and such sums as necessary for 1998-
2000. Part D, Gang Free Schools and Communities, is authorized 
to receive $10,000,000 for FY 1997 and such sums through 2000. 
No less than 70% of Title II funds, not including Part D funds, 
are to be spent on Part B, the State Formula Grants. No more 
than 5% or $5,000,000 of the amount appropriated for Title II 
(whichever is lower) can be spent on Part A, Administration of 
the Title, and no more than 25% or $25,00,000 (whichever is 
lower) can be spent on Part C, Research activities.
    Section 122. Administrative Authority. Limits the 
Administrator's authority to establish rules, regulations, and 
procedures.
    Section 123. Use of Funds. Requires that funds paid 
pursuant to Title II of the Juvenile Justice and Delinquency 
Prevention Act not be used for the construction of any 
facility.
    Section 124. Technical and Conforming Amendments. Makes 
several technical changes, including changing several sections 
of law to reflect the name change of the Office of Juvenile 
Crime Control and Delinquency Prevention as well as other 
technical amendments.

         Title II--Amendments to the Runaway and Homeless Youth

    Section 201 amends the findings in Section 302 of the 
Runaway and Homeless Youth Act.
    Section 202 amends Section 311 of the Runaway and Homeless 
Youth Act. It gives the Secretary authority to make grants to 
public and nonprofit private entities to provide services for 
runway and homeless youth and their families. Additionally, it 
defines the services which may be provided under the Runaway 
and Homeless Youth Act.
    Section 203 amends eligibility and reporting requirements 
under Section 312 of the Runaway and Homeless Youth Act. This 
section includes technical changes and specifically lists 
reporting requirements that applicants must submit to the 
Secretary. It lists the services which an applicant must plan 
to provide in order to use grant money for street-based 
services, home-based services and for drug abuse and prevention 
services.
    Section 204 amends Section 313 of the Runaway and Homeless 
Youth Act, stating that the Secretary may take into 
consideration the geographical distribution of proposed 
services and the areas in the State that have the greatest need 
for such services. It also continues to require the Secretary 
to give priority to eligible applicants that are experienced in 
providing services to runaway youth and to grant applications 
that are less than $200,000.
    Section 205 makes technical changes to Section 321 of the 
Runaway and Homeless Youth Act.
    Section 206 amends Section 343(b) of the Runaway and 
Homeless Youth Act by making technical and conforming changes 
and by deleting home based and street based services from the 
research and demonstration projects.
    Section 207 repeals Section 344, Temporary Demonstration 
Projects to Provide Services to Youth in Rural Areas of the 
Runaway and Homeless Youth Act.
    Section 208 makes technical corrections to the Sexual Abuse 
Prevention Program, Section 40155 of the Violent Crime Control 
and Law Enforcement Act of 1994 and extends the authorization 
of the program through the year 2000.
    Section 209 amends Section 371, Assistance to Potential 
Grantees, of the Runaway and Homeless Youth Act, by striking 
the last sentence in Section 371.
    Section 210 amends Section 381 of the Runaway and Homeless 
Youth Act. It requires that no later than April 1, 1998 and in 
two year intervals thereafter, the Secretary must submit a 
report, to the House Economic and Educational Opportunities 
Committee and the Senate Judiciary Committee on the status and 
activities of the grantees who are awarded grants under this 
Act. Section 381 lists specific information that must be 
included in the report. Additionally, this section requires the 
Secretary to include in the report summaries of the Secretary's 
evaluations of grantees and descriptions of the qualifications 
and training of the individuals administering the evaluation.
    Section 211 amends Section 384 of the Runaway and Homeless 
Youth Act to address Evaluation and Information by the 
Secretary. It directs the Secretary to conduct on-site 
evaluations.
    Section 212 amends Section 385 of the Runaway and Homeless 
Youth Act and authorizes appropriations for fiscal years 1997, 
1998 1999, and 2000. Additionally, it directs how the 
appropriation shall be divided among the programs.
    Section 213 inserts a new Section 385 giving the Secretary 
the authority to implement a single consolidated application 
review process.
    Section 214 inserts a new Section 386 which contain the 
definitions for this title.
    Section 215 redesignates particular sections of the Runaway 
and Homeless Youth Act.
    Section 216 contains technical amendments.

     Title III--Amendments to the Missing Children's Assistance Act

    Section 301 authorizes appropriations for fiscal years 
1997, 1998, 1999 and 2000.
    Section 302 repeals Section 409, the Special Study and 
Report.

  title iv--incentive grants for local delinquency prevention programs

    Section 401. Duties and Functions of the Administrator. 
Amends Section 504 of the Incentive Grants for Local 
Delinquency Prevention Programs Act, by eliminating the 
requirement that the Administrator must submit an annual plan 
on coordination efforts and policy development.
    Section 402. Grants for Prevention Programs. Amends Section 
505 by revising the local government application process for 
the Incentive Grants.
    Section 403. Repeal of Definition. Repeals Section 503 of 
the Incentive Grants for Local Delinquency Prevention Programs 
Act.
    Section 404. Authorization of Appropriations. Renumbers 
Section 506 as Section 505 of the Incentive Grants for Local 
Delinquency Prevention Programs Act and authorizes $20,000,000 
for the Incentive Grants for Local Delinquency Prevention 
Programs for FY 1997 and such sums as appropriate through 2000.

                      Title V--General Provisions

    Section 501. Effective Date; Application of Amendments. 
This Act takes effect upon enactment and amendments made by 
this Act apply to fiscal years beginning after September 30, 
1996.

                       Explanation of Amendments

    The provision of the amendment in the nature of a 
substitute are explained in this report.

                  Oversight Findings of the Committee

    In compliance with clause 2(l)(3)(A) of rule XI of the 
Rules of the House of Representatives and clause 2(b)(1) of 
rule X of the Rules of the House of Representatives, the 
Committee's oversight findings and recommendations are 
reflected in the body of this report.

                     Inflationary Impact Statement

    In compliance with clause 2(l)(4) of rule XI of the Rules 
of the House of Representatives, the Committee estimates that 
the enactment into law of H.R. 3876 will have no significant 
inflationary impact on prices and costs in the operation of the 
national economy. It is the judgment of the Committee that the 
inflationary impact of this legislation as a component of the 
federal budget is negligible.

                    Government Reform and Oversight

    With respect to the requirement of clause 2(l)(3)(D) of 
rule XI of the Rules of the House of Representatives, the 
Committee has received no report of oversight findings and 
recommendations from the Committee on Government Reform and 
Oversight on the subject of H.R. 3876.

                           Committee Estimate

    Clause 7 of rule XIII of the Rules of the House of 
Representatives requires an estimate and a comparison by the 
Committee of the costs which would be incurred in carrying out 
H.R. 3876. However, clause 7(d) of that rule provides that this 
requirement does not apply when the Committee has included in 
its report a timely submitted cost estimate of the bill 
prepared by the Director of the Congressional Budget Office 
under section 403 of the Congressional Budget Act of 1974.

                Application of Law to Legislative Branch

    Section 102(b)(3) of Public Law 104-1 requires a 
description of the application of this bill to the legislative 
branch. The bill does not prohibit legislative branch employees 
from otherwise being eligible for such services under these 
programs in this Act.

                       Unfunded Mandate Statement

    Section 423 of the Congressional Budget and Impoundment 
Control Act requires a statement of whether the provisions of 
the reported bill include unfunded mandates; the bill provides 
funds for programs authorized under this bill at the State and 
local level and as such does not contain any unfunded mandates. 
The Committee also received a letter regarding unfunded 
mandates from the Director of the Congressional Budget Office. 
See infra.

     Budget Authority and Congressional Budget Office Cost Estimate

    With respect to the requirement of clause 2(l)(3)(B) of 
rule XI of the House of Representatives and section 308(a) of 
the Congressional Budget Act of 1974 and with respect to 
requirements of clause 2(l)(3)(C) of rule XI of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for H.R. 3876 from the Director of the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                   Washington, DC, August 16, 1996.
Hon. William F. Goodling,
Chairman, Committee on Economic and Educational Opportunities, House of 
        Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 3876, the Juvenile 
Crime Control and Delinquency Prevention Act of 1996.
    Enacting H.R. 3876 would not affect direct spending or 
receipts. Therefore, pay-as-you-go procedures would not apply 
to the bill.
    If you wish further details on this estimate, we will be 
pleased to provide them.
            Sincerely,
                                              James L. Blum
                                   (For June E. O'Neill, Director).
    Enclosure.

               congressional budget office cost estimate

    1. Bill number: H.R. 3876.
    2. Bill title: Juvenile Crime Control and Delinquency 
Prevention Act of 1996.
    3. Bill status: As ordered reported by the House Committee 
on Economic and Educational Opportunities on August 2, 1996.
    4. Bill purpose: H.R. 3876 would make many changes and 
additions to the federal laws relating to juvenile crime and 
delinquency prevention programs. The bill would authorize the 
appropriation of:
          $225 million for fiscal year 1997 and such sums as 
        may be appropriate for each of the fiscal years 1998 
        through 2000 to the Department of Justice to carry out 
        programs for controlling juvenile crime and preventing 
        juvenile delinquency;
          $10 million for fiscal year 1997 and such sums as may 
        be appropriate for each of the fiscal years 1998 
        through 2000 to the Department of Justice to make 
        grants for programs designed to reduce the 
        participation of juvenile in gangs;
          Such sums as may be necessary for each of the fiscal 
        years 1997 through 2000 to the Department of Health and 
        Human Services to make grants for programs to prevent 
        sexual abuse;
          $60 million for fiscal year 1997 and such sums as may 
        be necessary for each of the fiscal years 1998 through 
        2000 to the Department of Health and Human Services to 
        make grants for runaway and homeless youth programs;
          Such sums as may be necessary for each of the fiscal 
        years 1997 through 2000 to the Department of Justice to 
        make grants for missing children's assistance programs; 
        and
          $20 million for fiscal year 1997 and such sums as may 
        be appropriate for each of the fiscal years 1998 
        through 2000 to the Department of Justice to make 
        grants for local delinquency prevention programs.
    5. Estimated cost to the Federal Government: Assuming 
appropriation of the authorized amounts, CBO estimates that 
enacting H.R. 3876 would result in costs to the Federal 
Government of $1.3 billion over the 1997-2002 period. The 
following table summarizes the estimated budgetary effects of 
H.R. 3876, both with and without adjustments for inflation for 
years in which the authorized amounts are not specified.

                                    [By fiscal year, in millions of dollars]                                    
----------------------------------------------------------------------------------------------------------------
                                                                  1996   1997   1998   1999   2000   2001   2002
----------------------------------------------------------------------------------------------------------------
                                        SPENDING SUBJECT TO APPROPRIATION                                       
Spending under current law:                                                                                     
    Authorization level \1\....................................    211      9     15  .....  .....  .....  .....
    Estimated outlays..........................................    131     82     80     20      6      1  .....
                                                                                                                
                                          With Adjustment for Inflation                                         
                                                                                                                
Proposed changes:                                                                                               
    Estimated authorization level..............................  .....    322    331    347    356  .....  .....
    Estimated outlays..........................................  .....     67    213    318    344    279    121
Projected spending under H.R. 3876:                                                                             
    Estimated authorization level \1\..........................    211    330    346    347    356  .....  .....
    Estimated outlays..........................................    131    149    293    338    350    280    121
                                                                                                                
                                        Without Adjustment for Inflation                                        
                                                                                                                
Proposed changes:                                                                                               
    Estimated authorization level..............................  .....    322    322    328    328  .....  .....
    Estimated outlays..........................................  .....     67    211    310    327    260    111
Projected spending under H.R. 3876:                                                                             
    Estimated authorization level \1\..........................    211    330    337    328    328  .....  .....
    Estimated outlays..........................................    131    149    291    330    333    261    111
----------------------------------------------------------------------------------------------------------------
\1\ The 1996 level is the amount appropriated for that year.                                                    

    The costs of this bill fall within budget functions 500 and 
750.
    6. Basis of estimate: For the purpose of this estimate, CBO 
assumes that all amounts authorized by the bill for 1997 and 
all estimated amounts for 1998 through 2000 will be 
appropriated and that outlays will occur at historical rates 
for the authorized activities. ``Such sums'' authorizations 
were estimated by extending, both with and without adjustment 
for inflation, either the 1997 authorization provided in the 
bill or, if there is none, the 1996 appropriation for the 
program. Because current law authorizes $8 million for fiscal 
year 1997 and $15 million for fiscal year 1998 for the sexual 
abuse prevention programs, we assume that the bill would add no 
spending to that activity in those years.
    7. Pay-as-you-go considerations: None.
    8. Estimated impact on State, local and tribal governments: 
H.R. 3876 contains no intergovernmental mandates as defined in 
the Unfunded Mandates Reform Act of 1995 (Public Law 104-4) and 
would not impose costs on state, local, or tribal governments. 
The bill would authorize 1997 appropriations of at least $158 
million for juvenile justice grants to states and of about $97 
million for grants to public and private entities for runaway 
and homeless youth programs, missing children's assistance, and 
local juvenile delinquency prevention programs. Similar amounts 
are authorized annually for 1998 through 2000. In order to 
remain eligible for these formula grants, state and local 
governments might be required to redefine programs aimed at 
curtailing juvenile delinquency. The Unfunded Mandates Reform 
Act of 1995 excludes such conditions of federal assistance from 
the definition of an intergovernmental mandate.
    In a number of cases, H.R. 3876 would ease requirements 
governing the implementation of juvenile justice programs. 
Specific criteria for membership on juvenile justice advisory 
boards would be eliminated; certain reporting requirements 
would be dropped; and prohibitions limiting the incarceration 
of juveniles with adults would be relaxed.
    In other cases, the bill would require grant recipients to 
refocus certain activities. State plans would be required to 
emphasize holding juvenile delinquents accountable through the 
use of neighborhood courts, restitution to victims, and other 
sanctions on the offender. Education programs would need to 
emphasize self-sufficiency and work skills in addition to 
reducing truancy and drop-outs.
    The bill would also add requirements to implementation 
plans needed to receive funding under the Runaway and Homeless 
Youth Act.
    Responsibility for making awards to local agencies under 
the Incentives Grants for Local Delinquency Prevention Programs 
Act would be transferred from the federal government to state 
governments. However, this transferred responsibility would 
only occur within the context of an overall state 
implementation plan.
    9. Estimated impact on the private sector: This bill would 
impose no new private-sector mandates as defined in Public Law 
104-4.
    10. Previous CBO estimate: None.
    11. Estimated prepared by:
          Federal Cost Estimate: Mark T. Grabowicz; Impact on 
        State, Local, and Tribal Governments: Leo Lex; Impact 
        on the Private Sector: Matthew Eyles.
    12. Estimate approved by: Robert A. Sunshine, for Paul N. 
Van de Water, Assistant Director for Analysis.


         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3 of rule XIII of the Rules of the 
House of Representatives, changes in existing law made by the 
bill, as reported, are shown as follows (existing law proposed 
to be omitted is enclosed in black brackets, new matter is 
printed in italic, existing law in which no change is proposed 
is shown in roman):

        JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT OF 1974

          * * * * * * *

              TITLE I--FINDINGS AND DECLARATION OF PURPOSE

    [Sec. 101. (a) The Congress hereby finds that--
          [(1) juveniles accounted for almost half the arrests 
        for serious crimes in the United States in 1974 and for 
        less than one-third of such arrests in 1983;
          [(2) recent trends show an upsurge in arrests of 
        adolescents for murder, assault, and weapon use;
          (3) the small number of youth who commit the most 
        serious and violent offenses are becoming more violent;
          [(4) understaffed, overcrowded juvenile courts, 
        prosecutorial and public defender offices, probation 
        services, and correctional facilities and inadequately 
        trained staff in such courts, services, and facilities 
        are not able to provide individualized justice or 
        effective help;
          [(5) present juvenile courts, foster and protective 
        care programs, and shelter facilities are inadequate to 
        meet the needs of children, who, because of this 
        failure to provide effective services, may become 
        delinquents;
          [(6) existing programs have not adequately responded 
        to the particular problems of the increasing numbers of 
        young people who are addicted to or who abuse alcohol 
        and other drugs, particularly nonopiate or polydrug 
        abusers;
          [(7) juvenile delinquency can be reduced through 
        programs designed to keep students in elementary and 
        secondary schools through the prevention of unwarranted 
        and arbitrary suspensions and expulsions;
          [(8) State and local communities which experience 
        directly the devastating failures of the juvenile 
        justice system do not presently have sufficient 
        technical expertise or adequate resources to deal 
        comprehensively with the problems of juvenile 
        delinquency;
          [(9) existing Federal programs have not provided the 
        direction, coordination, resources, and leadership 
        required to meet the crisis of delinquency;
          [(10) the juvenile justice system should give 
        additional attention to the problem of juveniles who 
        commit serious crimes, with particular attention given 
        to the areas of sentencing, providing resources 
        necessary for informed dispositions, and 
        rehabilitation;
          [(11) emphasis should be placed on preventing youth 
        from entering the juvenile justice system to begin 
        with; and
          [(12) the incidence of juvenile delinquency can be 
        reduced through public recreation programs and 
        activities designed to provide youth with social 
        skills, enhance self esteem, and encourage the 
        constructive use of discretionary time.
    [(b) Congress finds further that the high incidence of 
delinquency in the United States today results in enormous 
annual cost and immeasurable loss of human life, personal 
security, and wasted human resources and that juvenile 
delinquency constitutes a growing threat to the national 
welfare requiring immediate and comprehensive action by the 
Federal Government to reduce and prevent delinquency.

                                [purpose

    [Sec. 102. (a) It is the purpose of this Act--
          [(1) to provide for the thorough and ongoing 
        evaluation of all federally assisted juvenile justice 
        and delinquency prevention programs;
          [(2) to provide technical assistance to public and 
        private nonprofit juvenile justice and delinquency 
        prevention programs;
          [(3) to establish training programs for persons, 
        including professionals, paraprofessionals, and 
        volunteers, who work with delinquents or potential 
        delinquents or whose work or activities relate to 
        juvenile delinquency programs;
          [(4) to establish a centralized research effort on 
        the problems of juvenile delinquency, including the 
        dissemination of the findings of such research and all 
        data related to juvenile delinquency;
          [(5) to develop and encourage the implementation of 
        national standards for the administration of juvenile 
        justice, including recommendations for administrative, 
        budgetary, and legislative action at the Federal, 
        State, and local level to facilitate the adoption of 
        such standards;
          [(6) to assist State and local communities with 
        resources to develop and implement programs to keep 
        students in elementary and secondary schools and to 
        prevent unwarranted and arbitrary suspensions and 
        expulsions;
          [(7) to establish a Federal assistance program to 
        deal with the problems of runaway and homeless youth;
          [(8) to strengthen families in which juvenile 
        delinquency has been a problem;
          [(9) to assist State and local governments in 
        removing juveniles from jails and lockups for adults;
          [(10) to assist State and local governments in 
        improving the administration of justice and services 
        for juveniles who enter the system; and
          [(11) to assist States and local communities to 
        prevent youth from entering the justice system to begin 
        with.
    [(b) It is therefore the further declared policy of 
Congress to provide the necessary resources, leadership, and 
coordination (1) to develop and implement effective methods of 
preventing and reducing juvenile delinquency, including methods 
with a special focus on preserving and strengthening families 
so that juveniles may be retained in their homes; (2) to 
develop and conduct effective programs to prevent delinquency, 
to divert juveniles from the traditional juvenile justice 
system and to provide critically needed alternatives to 
institutionalization; (3) to improve the quality of juvenile 
justice in the United States; (4) to increase the capacity of 
State and local governments and public and private agencies to 
conduct effective juvenile justice and delinquency prevention 
and rehabilitation programs and to provide research, 
evaluation, and training services in the field of juvenile 
delinquency prevention; (5) to encourage parental involvement 
in treatment and alternative disposition programs; and (6) to 
provide for coordination of services between State, local, and 
community-based agencies and to promote interagency cooperation 
in providing such services.]


                                findings


  Sec. 101. (a) The Congress finds the following:
          (1) There has been a dramatic increase in juvenile 
        crime, particularly violent crime. Weapons offenses and 
        homicides are the 2 fastest growing violent crimes 
        committed by juveniles, and offenders under the age of 
        21 committing more than \1/4\ of all violent crime.
          (2) This problem should be addressed through a 2-
        track common sense approach that addresses the needs of 
        individual juveniles and society at large by 
        promoting--
                  (A) quality prevention programs that--
                          (i) work with juveniles, their 
                        families, community-based 
                        organizations, take into consideration 
                        such factors as whether or not 
                        juveniles have been the victims of 
                        family violence (including child abuse 
                        and neglect); and
                          (ii) are designed to provide 
                        juveniles with the education and other 
                        skills they need to prevent their 
                        involvement in delinquency activities; 
                        and
                  (B) programs that assist in holding juveniles 
                accountable for their actions, including a 
                system of graduated sanctions for each 
                delinquent act, requiring juveniles to make 
                restitution for the damage caused by their 
                delinquent acts, and methods for increasing 
                victim satisfaction with respect to the 
                penalties imposed on juveniles for their acts.
  (b) Congress must act now to reform this program by focusing 
on juvenile delinquency prevention programs, as well as 
programs that hold juveniles accountable for their acts. 
Without true reform, the criminal justice system will not be 
able to overcome the challenges it will face in the coming 
years when the number of juveniles is expected to increase by 
30 percent.


                                purposes


  Sec. 102. The purposes of titles I, II, and V are--
          (1) to support State and local programs that prevent 
        juvenile involvement in delinquent activities;
          (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, and the dissemination 
        of information, on effective programs for combating 
        juvenile crime.

                              definitions

    Sec. 103. For purposes of this Act--
          (1) * * *
          * * * * * * *
          (4)(A) 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;
          (B) 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;
          (C) the term ``National Institute of Justice'' means 
        the institute established by section 202(a) of title I 
        of the Omnibus Crime Control and Safe Streets Act of 
        1968; and
          (D) 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;
          * * * * * * *
          (7) the term ``State'' means any State of the United 
        States, the District of Columbia, the Commonwealth of 
        Puerto Rico, [the Trust Territory of the Pacific 
        Islands,] the Virgin Islands, Guam, American Samoa, and 
        the Commonwealth of the Northern Mariana Islands;
          * * * * * * *
          (9) the term ``combination'' as applied to States or 
        units of general local government means any grouping or 
        joining together of such States or units for the 
        purpose of preparing, developing, or implementing a 
        juvenile [justice] crime control and delinquency 
        prevention plan;
          * * * * * * *
          (14) the term ``serious crime'' means criminal 
        homicide, forcible 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;
          * * * * * * *
          (16) the term ``valid court order'' means a court 
        order given by a juvenile court judge to a juvenile--
                  (A) who was brought before the court and made 
                subject to such order; and
          * * * * * * *
                  [(C) with respect to whom an appropriate 
                public agency (other than a court or law 
                enforcement agency), before the issuance of 
                such order--
                          [(i) reviewed the behavior of such 
                        juvenile and the circumstances under 
                        which such juvenile was brought before 
                        the court and made subject to such 
                        order;
                          [(ii) determined the reasons for the 
                        behavior that caused such juvenile to 
                        be brought before the court and made 
                        subject to such order;
                          [(iii) determined that all 
                        dispositions (including treatment), 
                        other than placement in a secure 
                        detention facility or a secure 
                        correctional facility, have been 
                        exhausted or are clearly inappropriate; 
                        and
                          [(iv) submitted to the court a 
                        written report stating the results of 
                        the review conducted under clause (i) 
                        and the determinations made under 
                        clauses (ii) and (iii);
          [(17) the term ``Council'' means the Coordinating 
        Council on Juvenile Justice and Delinquency Prevention 
        established in section 206(a)(1);]
          [(18)] (17) the term ``Indian tribe'' means--
                  (A) a federally recognized Indian tribe; or
                  (B) an Alaskan Native organization;
          [(19)] (18) 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;
          [(20)] (19) the term ``gender-specific services'' 
        means services designed to address needs unique to the 
        gender of the individual to whom such services are 
        provided;
          [(21)] (20) 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;
          [(22)] (21) 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--
                  [(i)] (A) pending the filing of a charge of 
                violating a criminal law;
                  [(ii)] (B) awaiting trial on a criminal 
                charge; or
                  [(iii)] (C) convicted of violating a criminal 
                law; [and]
          [(23)] (22) the term ``nonprofit organization'' means 
        an organization described in section 501(c)(3) of the 
        Internal Revenue Code of 1986 that is exempt from 
        taxation under section 501(a) of the Internal Revenue 
        Code of 1986[.];
          (23) the term ``boot camp'' means a residential 
        facility (excluding a private residence) at which there 
        are provided--
                  (A) a highly regimented schedule of 
                discipline, physical training, work, drill, and 
                ceremony characteristic of military basic 
                training;
                  (B) regular, remedial, special, and 
                vocational education; and
                  (C) counseling and treatment for substance 
                abuse and other health and mental health 
                problems; and
          (24) the term ``violent crime'' means--
                  (A) murder or nonnegligent manslaughter, 
                forcible rape, or robbery, or
                  (B) aggravated assault committed with the use 
                of a firearm.

         TITLE II--JUVENILE JUSTICE AND DELINQUENCY PREVENTION

      [Part A--Juvenile Justice and Delinquency Prevention Office]

   Part A_Office of Juvenile Crime Control and Delinquency Prevention

                        establishment of office

    Sec. 201. (a) There is hereby established an Office of 
Juvenile [Justice and Delinquency Prevention] Crime Control and 
Delinquency Prevention (hereinafter in this division referred 
to as the ``Office'') within the Department of Justice under 
the general authority of the Attorney General.
          * * * * * * *

         personnel, special personnel, experts, and consultants

    Sec. 202. (a) * * *
    (b) The Administrator is authorized to select, appoint, and 
employ not to exceed three officers and to fix their 
compensation at rates not to exceed the rate now or hereafter 
[prescribed for GS-18 of the General Schedule by section 5332] 
payable under section 5376 of title 5 of the United States 
Code.
          * * * * * * *

                    concentration of federal efforts

    Sec. 204. (a)(1) The Administrator shall develop 
objectives, priorities, and a long-term plan, and implement 
overall policy and a strategy to carry out such plan, for all 
Federal juvenile delinquency programs and activities relating 
to prevention, diversion, training, treatment, rehabilitation, 
evaluation, research, and improvement of the juvenile justice 
system in the United States. [In carrying out the functions of 
the Administrator, the Administrator shall consult with the 
Council.]
    (b) In carrying out the purposes of this Act, the 
Administrator shall--
          (1) * * *
          * * * * * * *
          (3) conduct and support evaluations and studies of 
        the performance and results achieved by Federal 
        juvenile delinquency programs and activities [and of 
        the prospective performance and results that might be 
        achieved by alternative programs and activities 
        supplementary to or in lieu of those currently being 
        administered];
          * * * * * * *
          (5)(A) develop for each fiscal year, and publish 
        annually in the Federal Register for public comment, a 
        proposed comprehensive plan describing the particular 
        activities which the Administrator intends to carry out 
        under [parts C and D] part C in such fiscal year, 
        specifying in detail those activities designed to 
        satisfy the requirements of [parts C and D] part C; and
          * * * * * * *
    (c) The Administrator may require, through appropriate 
authority, Federal departments and agencies engaged in any 
activity involving any Federal juvenile delinquency program to 
provide the Administrator with such information [and reports, 
and to conduct such studies and surveys, as the Administrator 
may deem to be necessary to carry out the purposes of this 
part] as may be appropriate to prevent the duplication of 
efforts, and to coordinate activities, related to the 
prevention of juvenile delinquency.
          * * * * * * *
    [(h)] (f) All functions of the Administrator under this 
title shall be coordinated as appropriate with the functions of 
the Secretary of Health and Human Services under title III of 
this Act.
    [(i)(1) The Administrator shall require through appropriate 
authority each Federal agency which administers a Federal 
juvenile delinquency program to submit annually to the Council 
a juvenile delinquency development statement. Such statement 
shall be in addition to any information, report, study, or 
survey which the Administrator may require under subsection 
(c).
    [(2) Each juvenile delinquency development statement 
submitted to the Administrator under paragraph (1) shall 
contain such information, data, and analyses as the 
Administrator may require. Such analyses shall include an 
analysis of the extent to which the juvenile delinquency 
program of the Federal agency submitting such development 
statement conforms with and furthers Federal juvenile 
delinquency prevention and treatment goals and policies.
    [(3) The Administrator shall review and comment upon each 
juvenile delinquency development statement transmitted to the 
Administrator under paragraph (1). Such development statement, 
together with the comments of the Administrator, shall be 
included by the Federal agency involved in every recommendation 
or request made by such agency for Federal legislation which 
significantly affects juvenile delinquency prevention and 
treatment.]
          * * * * * * *

  [coordinating council on juvenile justice and delinquency prevention

    [Sec. 206. (a)(1) There is hereby established, as an 
independent organization in the executive branch of the Federal 
Government a Coordinating Council on Juvenile Justice and 
Delinquency Prevention composed of the Attorney General, the 
Secretary of Health and Human Services, the Secretary of Labor, 
the Secretary of Education, the Secretary of Housing and Urban 
Development, the Administrator of the Office of Juvenile 
Justice and Delinquency Prevention, the Director of the Office 
of National Drug Control Policy, the Chief Executive Officer of 
the Corporation for National and Community Service, the 
Commissioner of Immigration and Naturalization, such other 
officers of Federal agencies who hold significant 
decisionmaking authority as the President may designate, and 
individuals appointed under paragraph (2).
  [(2)(A) Nine members shall be appointed, without regard to 
political affiliation, to the Council in accordance with this 
paragraph from among individuals who are practitioners in the 
field of juvenile justice and who are not officers or employees 
of the United States.
  [(B)(i) Three members shall be appointed by the Speaker of 
the House of Representatives, after consultation with the 
minority leader of the House of Representatives.
  [(ii) Three members shall be appointed by the majority leader 
of the Senate, after consultation with the minority leader of 
the Senate.
  [(iii) Three members shall be appointed by the President.
  [(C)(i) Of the members appointed under each of clauses (i), 
(ii), and (iii)--
          [(I) 1 shall be appointed for a term of 1 year;
          [(II) 1 shall be appointed for a term of 2 years; and
          [(III) 1 shall be appointed for a term of 3 years;
as designated at the time of appointment.
  [(ii) Except as provided in clause (iii), a vacancy arising 
during the term for which an appointment is made may be filled 
only for the remainder of such term.
  [(iii) After the expiration of the term for which a member is 
appointed, such member may continue to serve until a successor 
is appointed.
    [(b) The Attorney General shall serve as Chairman of the 
Council. The Administrator of the Office of Juvenile Justice 
and Delinquency Prevention shall serve as Vice Chairman of the 
Council. The Vice Chairman shall act as Chairman in the absence 
of the Chairman.
    [(c)(1) The function of the Council shall be to coordinate 
all Federal juvenile delinquency programs (in cooperation with 
State and local juvenile justice programs all Federal programs 
and activities that detain or care for unaccompanied juveniles, 
and all Federal programs relating to missing and exploited 
children. The Council shall examine how the separate programs 
can be coordinated among Federal, State, and local governments 
to better serve at-risk children and juveniles and shall make 
recommendations to the President and to the Congress at least 
annually with respect to the coordination of overall policy and 
development of objectives and priorities for all Federal 
juvenile delinquency programs and activities and all Federal 
programs and activities that detain or care for unaccompanied 
juveniles. The Council shall review the programs and practices 
of Federal agencies and report on the degree to which Federal 
agency funds are used for purposes which are consistent or 
inconsistent with the mandates of paragraphs (12)(A), (13), and 
(14) of section 223(a) of this title. The Council shall review, 
and make recommendations with respect to, any joint funding 
proposal undertaken by the Office of Juvenile Justice and 
Delinquency Prevention and any agency represented on the 
Council. The Council shall review the reasons why Federal 
agencies take juveniles into custody and shall make 
recommendations regarding how to improve Federal practices and 
facilities for holding juveniles in custody.
    [(2) In addition to performing their functions as members 
of the Council, the members appointed under subsection (a)(2) 
shall collectively--
          [(A) make recommendations regarding the development 
        of the objectives, priorities, and the long-term plan, 
        and the implementation of overall policy and the 
        strategy to carry out such plan, referred to in section 
        204(a)(1); and
          [(B) not later than 180 days after the date of the 
        enactment of this paragraph, submit such 
        recommendations to the Administrator, the Chairman of 
        the Committee on Education and Labor of the House of 
        Representatives, and the Chairman of the Committee on 
        the Judiciary of the Senate.
    [(d) The Council shall meet at least quarterly.
    [(e) The Administrator shall, with the approval of the 
Council, appoint such personnel or staff support as the 
Administrator considers necessary to carry out the purposes of 
this title.
    [(f) Members appointed under subsection (a)(2) shall serve 
without compensation. Members of the Council shall be 
reimbursed for travel, subsistence, and other necessary 
expenses incurred by them in carrying out the duties of the 
Council.
    [(g) Of sums available to carry out this part, not more 
than $200,000 shall be available to carry out this section.]

                             annual report

    Sec. [207] 206. Not later than 180 days after the end of a 
fiscal year, the Administrator shall submit to the President, 
the Speaker of the House of Representatives, and the President 
pro tempore of the Senate a report that contains the following 
with respect to such fiscal year:
          (1) * * *
          (2) A description of the activities for which funds 
        are expended under this part, including the objectives, 
        priorities, and accomplishments[, and recommendations 
        of the Council].
          * * * * * * *
          [(4) A summary of each program or activity for which 
        assistance is provided under part C or D, an evaluation 
        of the results of such program or activity, and a 
        determination of the feasibility and advisability of 
        replacing such program or activity in other locations.
          [(5) A description of selected exemplary delinquency 
        prevention programs for which assistance is provided 
        under this title, with particular attention to 
        community-based juvenile delinquency prevention 
        programs that involve and assist families of 
        juveniles.]
          (4) An evaluation of the programs funded under this 
        title and their effectiveness in reducing the incidence 
        of juvenile crime, particularly violent crimes.

        Part B--Federal Assistance for State and Local Programs

          * * * * * * *

                               allocation

    Sec. 222. (a)(1) * * *
    (2)(A) Subject to paragraph (3), if the aggregate amount 
appropriated for a fiscal year to carry out this title (other 
than parts D and E) is less than $75,000,000, then the amount 
allocated to each State for such fiscal year shall be not less 
than $325,000, or such greater [amount, up to $400,000,] amount 
up to $400,000 as is available to be allocated without reducing 
the amount of any State or territory's allocation below the 
amount allocated for fiscal year 1992, except that 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, or such greater [amount, up to 
$100,000,] amount up to $100,000 as is available to be 
allocated without reducing the amount of any State or 
territory's allocation below the amount allocated for fiscal 
year 1992, each.
    (B) Subject to paragraph (3), if the aggregate amount 
appropriated for a fiscal year to carry out this title (other 
than part D) equals or exceeds $75,000,000, then the amount 
allocated to each State for such fiscal year shall be not less 
than $400,000, or such greater [amount, up to $600,000,] amount 
up to $600,000 as is available to be allocated if 
appropriations have been enacted and made available to carry 
out parts D and E in the full amounts authorized by [section 
299(a) (1) and (3)] paragraphs (1) and (3) of section 299(a), 
except that 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 $100,000, or such 
greater [amount, up to $100,000,] amount up to $100,000 as is 
available to be allocated without reducing the amount of any 
State or territory's allocation below the amount allocated for 
fiscal year 1992, each.
    (3) If, as a result of paragraph (2), the amount allocated 
to a State for a fiscal year would be less than the amount 
allocated to such State for fiscal year 1992, then the amounts 
allocated to satisfy the requirements of such paragraph shall 
be reduced pro rata to the extent necessary to [allot] allocate 
to such State for the fiscal year the amount allocated to such 
State for fiscal year 1992.
    (b) If any amount so allocated remains unobligated at the 
end of the fiscal year, such funds shall be reallocated in a 
manner equitable and consistent with the purpose of this part. 
Any amount so reallocated shall be in addition to the amounts 
already allocated and available to the State, the Virgin 
Islands, American Samoa, Guam, [the Trust Territory of the 
Pacific Islands,] and the Commonwealth of the Northern Mariana 
Islands for the same period.
          * * * * * * *

                              state plans

    Sec. 223. (a) In order to receive formula grants under this 
part, a State shall submit a plan for carrying out its purposes 
applicable to a 3-year period. [Such plan shall be amended] 
Amendments to such plan shall be submitted annually to include 
new programs [and challenge activities subsequent to State 
participation in part E]. The State shall submit annual 
performance reports to the Administrator which shall describe 
progress in implementing programs contained in the original 
plan, and shall describe the status of compliance with State 
plan requirements. In accordance with regulations which the 
Administrator shall prescribe, such plan shall--
          (1) * * *
          * * * * * * *
          (3) provide for an advisory group[, which--] that--
                  (A) shall consist of [not less than 15 and 
                not more than 33] the attorney general of the 
                State or such other State official who has 
                primary responsibility for overseeing the 
                enforcement of State criminal laws, and members 
                appointed by the chief executive officer of the 
                State, in consultation with the attorney 
                general of the State or such other State 
                official who has primary responsibility for 
                overseeing the enforcement of State criminal 
                laws--
                          (i) which members have training, 
                        experience, or special knowledge 
                        concerning the prevention and treatment 
                        of juvenile delinquency [or the 
                        administration of juvenile justice], 
                        the administration of juvenile justice, 
                        or the reduction of juvenile crime;
                          (ii) which members [include--
                                  [(I) at least 1 locally 
                                elected official representing 
                                general purpose local 
                                government;
                                  [(II) representatives of law 
                                enforcement and juvenile 
                                justice agencies, including 
                                juvenile and family court 
                                judges, prosecutors, counsel 
                                for children and youth, and 
                                probation workers;
                                  [(III) representatives of 
                                public agencies concerned with 
                                delinquency prevention or 
                                treatment, such as welfare, 
                                social services, mental health, 
                                education, special education, 
                                recreation, and youth services;
                                  [(IV) representatives of 
                                private nonprofit 
                                organizations, including 
                                persons with a special focus on 
                                preserving and strengthening 
                                families, parent groups and 
                                parent self-help groups, youth 
                                development, delinquency 
                                prevention and treatment, 
                                neglected or dependent 
                                children, the quality of 
                                juvenile justice, education, 
                                and social services for 
                                children;
                                  [(V) volunteers who work with 
                                delinquents or potential 
                                delinquents;
                                  [(VI) youth workers involved 
                                with programs that are 
                                alternatives to incarceration, 
                                including programs providing 
                                organized recreation 
                                activities;
                                  [(VII) persons with special 
                                experience and competence in 
                                addressing problems related to 
                                school violence and vandalism 
                                and alternatives to suspension 
                                and expulsion; and
                                  [(VIII) persons with special 
                                experience and competence in 
                                addressing problems related to 
                                learning disabilities, 
                                emotional difficulties, child 
                                abuse and neglect, and youth 
                                violence;] represent a 
                                multidisciplinary approach to 
                                addressing juvenile crime and 
                                may include--
                                  (I) individuals who represent 
                                units of general local 
                                government, law enforcement and 
                                juvenile justice agencies, 
                                public agencies concerned with 
                                the prevention and treatment of 
                                juvenile delinquency and with 
                                the adjudication of juveniles, 
                                or nonprofit private 
                                organizations, particularly 
                                those that serve juveniles; and
                                  (II) such other individuals 
                                as the chief executive officer 
                                considers to be appropriate; 
                                and
                          (iii) a majority of which members 
                        (including the chairperson) shall not 
                        be full-time employees of the Federal, 
                        State, or local government;
                          [(iv) at least one-fifth of which 
                        members shall be under the age of 24 at 
                        the time of appointment; and
                          [(v) at least 3 members who have been 
                        or are currently under the jurisdiction 
                        of the juvenile justice system;]
                  (B) shall participate in the development and 
                review of the State's juvenile justice plan 
                prior to submission to the supervisory board 
                for final action;
                  (C) shall be afforded the opportunity to 
                review and comment, not later than 30 days 
                after their submission to the advisory group, 
                on all juvenile [justice] crime control and 
                delinquency prevention grant applications 
                submitted to the State agency designated under 
                paragraph (1);
                  (D) shall, consistent with this title--
                          (i) advise the State agency 
                        designated under paragraph (1) and its 
                        supervisory board; and
                          (ii) submit to the chief executive 
                        officer and the legislature of the 
                        State at least annually recommendations 
                        regarding State compliance with the 
                        requirements of [paragraphs (12), (13), 
                        and (14) and with progress relating to 
                        challenge activities carried out 
                        pursuant to part E] paragraphs (11), 
                        (12), and (13); and
                          [(iii) contact and seek regular input 
                        from juveniles currently under the 
                        jurisdiction of the juvenile justice 
                        system; and]
                  (E) may, consistent with this [title--
                          [(i) advise on State supervisory 
                        board and local criminal justice 
                        advisory board composition;
                          [(ii)] title, review progress and 
                        accomplishments of projects funded 
                        under the State plan.
          * * * * * * *
          (5) 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 66\2/3\ per centum of funds 
        received by the State under section 222, other than 
        funds made available to the state advisory group under 
        section 222(d), shall be expended--
                  (A) * * *
          * * * * * * *
                  (C) to provide funds for programs of Indian 
                tribes that perform law enforcement functions 
                (as determined by the Secretary of the 
                Interior) and that agree to attempt to comply 
                with the requirements specified in [paragraphs 
                (12)(A), (13), and (14)] paragraphs (11)(A), 
                (12), and (13), applicable to the detention and 
                confinement of juveniles, an amount that bears 
                the same ratio to the aggregate amount to be 
                expended through programs referred to in 
                subparagraphs (A) and (B) as the population 
                under 18 years of age in the geographical areas 
                in which such tribes perform such functions 
                bears to the State population under 18 years of 
                age.
          * * * * * * *
          [(6) provide that the chief executive officer of the 
        unit of general local government shall assign 
        responsibility for the preparation and administration 
        of the local government's part of a State plan, or for 
        the supervision of the preparation and administration 
        of the local government's part of the State plan, to 
        that agency within the local government's structure or 
        to a regional planning agency (hereinafter in this part 
        referred to as the ``local agency'') which can most 
        effectively carry out the purposes of this part and 
        shall provide for supervision of the programs funded 
        under this part by that local agency;]
          [(7)] (6) provide for an equitable distribution of 
        the assistance received under section 222 within the 
        State, including in rural areas;
          [(8)] (7)(A) provide [for (i) an analysis of juvenile 
        crime problems (including the joining of gangs that 
        commit crimes) and juvenile justice and delinquency 
        prevention needs (including educational needs) within 
        the relevant jurisdiction] for an analysis of juvenile 
        crime problems in, and the juvenile crime control 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] crime control and delinquency prevention 
        needs (including educational needs) [of the 
        jurisdiction; (ii) an indication of the manner in which 
        the programs relate to other similar State or local 
        programs which are intended to address the same or 
        similar problems; and (iii) a plan for the 
        concentration of State efforts which shall coordinate 
        all State juvenile delinquency programs with respect to 
        overall policy and development of objectives and 
        priorities for all State juvenile delinquency programs 
        and activities, including provision for regular 
        meetings of State officials with responsibility in the 
        area of juvenile justice and delinquency prevention;] 
        of the state; and
          [(B) contain--
                  [(i) an analysis of gender-specific services 
                for the prevention and treatment of juvenile 
                delinquency, including the types of such 
                services available and the need for such 
                services for females; and
                  [(ii) a plan for providing needed gender-
                specific services for the prevention and 
                treatment of juvenile delinquency;
          [(C) contain--
                  [(i) an analysis of services for the 
                prevention and treatment of juvenile 
                delinquency in rural areas, including the need 
                for such services, the types of such services 
                available in rural areas, and geographically 
                unique barriers to providing such services; and
                  [(ii) a plan for providing needed services 
                for the prevention and treatment of juvenile 
                delinquency in rural areas; and
          [(D) contain--
                  [(i) an analysis of mental health services 
                available to juveniles in the juvenile justice 
                system (including an assessment of the 
                appropriateness of the particular placements of 
                juveniles in order to receive such services) 
                and of barriers to access to such services; and
                  [(ii) a plan for providing needed mental 
                health services to juveniles in the juvenile 
                justice system;]
          (B) contain--
                  (i) a plan for providing needed services for 
                the prevention and treatment of juvenile 
                delinquency in rural areas;
                  (ii) a plan for providing needed mental 
                health services to juveniles in the juvenile 
                justice system; and
                  (iii) a plan for providing needed gender-
                specific services for the prevention and 
                treatment of juvenile delinquency;
          [(9) provide for the active consultation with and 
        participation of private agencies in the development 
        and execution of the State plan; and provide for 
        coordination and maximum utilization of existing 
        juvenile delinquency programs and other related 
        programs, such as education, special education, 
        recreation, health, and welfare within the State;]
          (8) provide for the coordination and maximum 
        utilization of existing juvenile delinquency programs, 
        programs operated by private agencies, and other 
        related programs (such as education, special education, 
        recreation, health, and welfare programs) in the State;
          [(10)] (9) provide that not less than 75 percent of 
        the funds available to the State under section 222, 
        other than funds made available to the State advisory 
        group under section 222(d), whether expended directly 
        by the State, by the unit of general 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[, specifically--
                          [(i) for youth who can remain at home 
                        with assistance: home probation and 
                        programs providing professional 
                        supervised group activities or 
                        individualized mentoring relationships 
                        with adults that involve the family and 
                        provide counseling and other supportive 
                        services;
                          [(ii) for youth who need temporary 
                        placement: crisis intervention, 
                        shelter, and after-care; and
                          [(iii) for youth who need residential 
                        placement: a continuum of foster care 
                        or group home alternatives that provide 
                        access to a comprehensive array of 
                        services];
                  [(B) community-based programs and services to 
                work with--
                          [(i) parents and other family members 
                        to strengthen families, including 
                        parent self-help groups, so that 
                        juveniles may be retained in their 
                        homes;
                          [(ii) juveniles during their 
                        incarceration, and with their families, 
                        to ensure the safe return of such 
                        juveniles to their homes and to 
                        strengthen the families; and
                          [(iii) parents with limited English-
                        speaking ability, particularly in areas 
                        where there is a large population of 
                        families with limited-English speaking 
                        ability;]
                  (B) programs that assist in holding juveniles 
                accountable for their actions, including the 
                use of neighborhood courts or panels that 
                increase victim satisfaction and require 
                juveniles to make restitution for the damage 
                caused by their delinquent acts, and of a 
                system of graduated sanctions for juvenile 
                delinquents that ensures a sanction for every 
                delinquent act;
                  (C) comprehensive [juvenile justice] 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, and private nonprofit agencies 
                offering youth services;
                  [(D) projects designed to develop and 
                implement programs stressing advocacy 
                activities aimed at improving services for and 
                protecting the rights of youth affected by the 
                juvenile justice system;]
                  (D) programs that provide treatment to 
                juvenile offenders who are victims of child 
                abuse or neglect, and to their families, in 
                order to reduce the likelihood that such 
                juvenile offenders will commit subsequent 
                violations of law;
                  (E) educational programs or supportive 
                services for delinquent or other [juveniles, 
                provided equitably regardless of sex, race, or 
                family income, designed to--
                          [(i) encourage juveniles to remain in 
                        elementary and secondary schools or in 
                        alternative learning situations, 
                        including--
                                  [(I) education in settings 
                                that promote experiential, 
                                individualized learning and 
                                exploration of academic and 
                                career options;
                                  [(II) assistance in making 
                                the transition to the world of 
                                work and self-sufficiency;
                                  [(III) alternatives to 
                                suspension and expulsion; and
                                  [(IV) programs to counsel 
                                delinquent juveniles and other 
                                juveniles regarding the 
                                opportunities that education 
                                provides; and]
                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
                          [(ii)] (iii) enhance coordination 
                        with the local schools that such 
                        juveniles would otherwise attend, to 
                        ensure that--
                                  (I) * * *
          * * * * * * *
                  [(F) expanded use of home probation and 
                recruitment and training of home probation 
                officers, other professional and 
                paraprofessional personnel, and volunteers to 
                work effectively to allow youth to remain at 
                home with their families as an alternative to 
                incarceration or institutionalization;
                  [(G) youth-initiated outreach programs 
                designed to assist youth (including youth with 
                limited proficiency in English) who otherwise 
                would not be reached by traditional youth 
                assistance programs;]
                  (F) expand the use of probation officers in 
                order to permit nonviolent delinquent juveniles 
                to remain at home with their families as an 
                alternative to incarceration or 
                institutionalization and, at the same time, to 
                ensure that such juveniles follow the terms of 
                their probation;
                  (G) one-to-one mentoring programs that are 
                designed to link nonviolent 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 [handicapped youth] juveniles with 
                disabilities;
          * * * * * * *
                  [(K) law-related education programs (and 
                projects) for delinquent and at-risk youth 
                designed to prevent juvenile delinquency;
                  [(L) programs for positive youth development 
                that assist delinquent and other at-risk youth 
                in obtaining--
                          [(i) a sense of safety and structure;
                          [(ii) a sense of belonging and 
                        membership;
                          [(iii) a sense of self-worth and 
                        social contribution;
                          [(iv) a sense of independence and 
                        control over one's life;
                          [(v) a sense of closeness in 
                        interpersonal relationships; and
                          [(vi) a sense of competence and 
                        mastery including health and physical 
                        competence, personal and social 
                        competence, cognitive and creative 
                        competence, vocational competence, and 
                        citizenship competence, including 
                        ethics and participation;
                  [(M) 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--
                          [(i) encourage courts to develop and 
                        implement a continuum of post-
                        adjudication restraints that bridge the 
                        gap between traditional probation and 
                        confinement in a correctional setting 
                        (including expanded use of probation, 
                        mediation, restitution, community 
                        service, treatment, home detention, 
                        intensive supervision, electronic 
                        monitoring, boot camps and similar 
                        programs, and secure community-based 
                        treatment facilities linked to other 
                        support services such as health, mental 
                        health, education (remedial and 
                        special), job training, and 
                        recreation); and
                          [(ii) assist in the provision by 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;
                  [(N) programs designed to prevent and reduce 
                hate crimes committed by juveniles, including 
                educational programs and sentencing programs 
                designed specifically for juveniles who commit 
                hate crimes and that provide alternatives to 
                incarceration; and]
                  (K) boot camps for juvenile offenders;
                  (L) community-based programs and services to 
                work with juveniles, their parents, and other 
                family members during and after incarceration 
                in order to strengthen families so that such 
                juveniles may be retained in their homes;
                  (M) other activities (such as court-appointed 
                special advocates) that the State determines 
                will hold juveniles accountable for their acts 
                and decrease juvenile involvement in delinquent 
                activities;
                  (N) programs designed to prevent and reduce 
                hate crimes committed by juveniles;
                  (O) programs (including referral to literacy 
                programs and social service programs) to assist 
                families with limited English-speaking ability 
                that include delinquent juveniles to overcome 
                language and [cultural] other barriers that may 
                prevent the complete treatment of such 
                juveniles and the preservation of their 
                families[.];
                  (P) a system, subject to the discretion of 
                the State, that provides for the treatment as 
                adults for purposes of prosecution, of 
                juveniles under 18 years of age who commit an 
                act that would be a violent crime if committed 
                by an adult;
                  (Q) a system of records relating to any 
                adjudication of juveniles less than 18 years of 
                age who are adjudicated delinquent for conduct 
                that would be a violent crime if committed by 
                an adult, that is--
                          (i) equivalent to the records that 
                        would be kept of adults arrested for 
                        such conduct, including fingerprints 
                        and photographs;
                          (ii) submitted to the Federal Bureau 
                        of Investigation in the same manner as 
                        adult records are so submitted;
                          (iii) retained for a period of time 
                        that is equal to the period of time 
                        records are retained for adults; and
                          (iv) available on an expedited basis 
                        to law enforcement agencies, the 
                        courts, and school officials (and such 
                        school officials shall be subject to 
                        the same standards and penalties that 
                        law enforcement and juvenile justice 
                        system employees are subject to under 
                        Federal and State law, for handing and 
                        disclosing such information); and
                  (R) 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.
          [(11)] (10) provide for the development of an 
        adequate research, training, and evaluation capacity 
        within the State;
          [(12)] (11)(A) provide within three years after 
        submission of the initial plan that juveniles who are 
        charged with or who have committed offenses that would 
        not be criminal if committed by an adult or offenses 
        (other than an offense that constitutes a violation of 
        a valid court order or a violation of section 922(x) of 
        title 18, United States Code, or a similar State 
        [law).] law) or alien juveniles in custody, or such 
        nonoffenders as dependent or neglected children, shall 
        not be placed in secure detention facilities or secure 
        correctional facilities except temporarily and to the 
        extent necessary to reunite such juveniles with their 
        parents or legal guardians; and
          (B) provide that the State shall submit annual 
        reports to the Administrator containing a review of the 
        progress made by the State to achieve the 
        deinstitutionalization of juveniles described in 
        subparagraph (A) and a review of the progress made by 
        the State to provide that such juveniles, if placed in 
        facilities, are placed in facilities which (i) are the 
        least restrictive alternatives appropriate to the needs 
        of the child and the community; (ii) are in reasonable 
        proximity to the family and the home communities of 
        such juveniles; and (iii) provide the services 
        described in section 103(1);
          [(13) provide that juveniles alleged to be or found 
        to be delinquent and youths within the purview of 
        paragraph (12) shall not be detained or confined in any 
        institution in which they have contact with adult 
        persons incarcerated because they have been convicted 
        of a crime or are awaiting trial on criminal charges or 
        with the part-time or full-time security staff 
        (including management) or direct-care staff of a jail 
        or lockup for adults;
          [(14) provide that, beginning after the five-year 
        period following December 8, 1980, no juvenile shall be 
        detained or confined in any jail or lockup for adults, 
        except that the Administrator shall, through 1997, 
        promulgate regulations which make exceptions with 
        regard to the detention of juveniles accused of 
        nonstatus offenses who are awaiting an initial court 
        appearance pursuant to an enforceable State law 
        requiring such appearances within twenty-four hours 
        after being taken into custody (excluding weekends and 
        holidays) provided that such exceptions are limited to 
        areas that are in compliance with paragraph (13) and--
                  [(A)(i) are outside a Standard Metropolitan 
                Statistical Area; and
                  [(ii) have no existing acceptable alternative 
                placement available;
                  [(B) are located where conditions of distance 
                to be traveled or the lack of highway, road, or 
                other ground transportation do not allow for 
                court appearances within 24 hours, so that a 
                brief (not to exceed 48 hours) delay is 
                excusable; or
                  [(C) are located where conditions of safety 
                exist (such as severely 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 reasonably safe travel;]
          (12) provide that--
                  (A) juveniles alleged to be or found to be 
                delinquent, and juveniles within the purview of 
                paragraph (11), will not be detained or 
                confined in any institution in which they have 
                regular contact, or unsupervised incidental 
                contact, with adults incarcerated because such 
                adults have been convicted of a crime or are 
                awaiting trial on criminal charges; and
                  (B) there is in effect in the State a policy 
                that requires individuals who work with both 
                such juveniles and such adults have been 
                trained to work with juveniles;
          (13) provide that no juvenile will be detained or 
        confined in any jail or lockup for adults except--
                  (A) at the election of the State, juveniles 
                who are convicted as an adult of, or after a 
                determination at a probable cause hearing are 
                charged as an adult with, a violent crime; and
                  (B) juveniles who are accused of nonstatus 
                offenses, who are awaiting an initial court 
                appearance pursuant to a State law requiring 
                such appearance within 48 hours after being 
                taken into custody (excluding weekends and 
                holidays), and who are detained or confined in 
                a jail or lockup--
                          (i) in which--
                                  (I) such juveniles do not 
                                have regular contact, or 
                                unsupervised incidental 
                                contact, with adults 
                                incarcerated because such 
                                adults have been convicted or a 
                                crime or are awaiting trial on 
                                criminal charges; and
                                  (II) there is in effect in 
                                the State a policy that 
                                requires individuals who work 
                                with both such juveniles and 
                                such adults have been trained 
                                to work with juveniles; and
                          (ii) that--
                                  (I) is located outside a 
                                metropolitan statistical area 
                                (as defined by the Office of 
                                Management and Budget);
                                  (II) has no existing 
                                acceptable alternative 
                                placement available;
                                  (III) is located where 
                                conditions of distance to be 
                                traveled or the lack of 
                                highway, road, or other ground 
                                transportation do not allow for 
                                court appearances within 24 
                                hours so that a brief (not to 
                                exceed 48 hours) delay is 
                                excusable; or
                                  (IV) is located where 
                                conditions of safety exist 
                                (such as severally 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 
                                reasonably safe travel;
          [(15)] (14) provide for an adequate system of 
        monitoring jails, detention facilities, correctional 
        facilities, and non-secure facilities to insure that 
        the requirements of [paragraph (12)(A), paragraph (13), 
        and paragraph (14)] paragraphs (11)(A), (12), and (13) 
        are met, and for annual reporting of the results of 
        such monitoring to the Administrator, except that such 
        reporting requirements shall not apply in the case of a 
        State which is in compliance with the other 
        requirements of this paragraph, which is in compliance 
        with the requirements in [paragraph (12)(A) and 
        paragraph (13)] paragraphs (11)(A) and (12), and which 
        has enacted legislation which conforms to such 
        requirements and which contains, in the opinion of the 
        Administrator, sufficient enforcement mechanisms to 
        ensure that such legislation will be administered 
        effectively;
          [(16)] (15) provide assurance that youth in the 
        juvenile justice system are treated equitably on the 
        basis of gender, race, family income, and [mentally, 
        emotionally, or physically handicapping conditions] 
        disability;
          [(17)] (16) provide assurance that consideration will 
        be given to and that assistance will be available for 
        approaches designed to strengthen the families of 
        delinquent and other youth to prevent juvenile 
        delinquency (which approaches should include the 
        involvement of grandparents or other extended family 
        members when possible and appropriate and the provision 
        of family counseling during the incarceration of 
        juvenile family members and coordination of family 
        services when appropriate and feasible);
          [(18)] (17) provide for procedures to be established 
        for protecting the rights of recipients of services and 
        for assuring appropriate privacy with regard to records 
        relating to such services provided to any individual 
        under the State plan;
          [(19) provide that fair and equitable arrangements 
        shall be made to protect the interests of employees 
        affected by assistance under this Act and shall provide 
        for the terms and conditions of such protective 
        arrangements established pursuant to this section, and 
        such protective arrangements shall, to the maximum 
        extent feasible, include, without being limited to, 
        such provisions as may be necessary for--
                  [(A) the preservation of rights, privileges, 
                and benefits (including continuation of pension 
                rights and benefits) under existing collective-
                bargaining agreements or otherwise;
                  [(B) the continuation of collective-
                bargaining rights;
                  [(C) the protection of individual employees 
                against a worsening of their positions with 
                respect to their employment;
                  [(D) assurances of employment to employees of 
                any State or political subdivision thereof who 
                will be affected by any program funded in whole 
                or in part under provisions of this Act; and
                  [(E) training or retraining programs;]
          [(20)] (18) 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;
          [(21)] (19) provide reasonable assurances that 
        Federal funds made available under this part for any 
        period will be so used as to supplement and increase 
        (but not supplant) the level of the State, local, and 
        other non-Federal funds that would in the absence of 
        such Federal funds be made available for the programs 
        described in this part, and will in no event replace 
        such State, local, and other non-Federal funds;
          [(22)] (20) provide that the State agency designated 
        under paragraph (1) will from time to time, but not 
        less often than annually, review its plan and submit to 
        the Administrator an analysis and evaluation of the 
        effectiveness of the programs and activities carried 
        out under the plan, and any modifications in the plan, 
        including the survey of State and local needs, which it 
        considers necessary;
          [(23)] (21) 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, with relevant factors held constant, 
        exceeds the proportion such groups represent in the 
        [general population;] total population of juveniles who 
        are brought into the juvenile justice system; and
          [(24) contain such other terms and conditions as the 
        Administrator may reasonably prescribe to assure the 
        effectiveness of the programs assisted under this 
        title; and]
          (22) provide that if a juvenile is taken into custody 
        under a valid court order issued for committing a 
        status offense--
                  (A) the appropriate agency that provides 
                child protective services shall be promptly 
                notified that such juvenile is held under such 
                order;
                  (B) not later than 24 hours after such 
                juvenile is so taken into custody, an 
                authorized representative of such agency shall 
                interview, in person, such juvenile; and
                  (C) not later than 72 hours after such 
                juvenile is so taken into custody--
                          (i) such representative shall submit 
                        a recommendation to the court that 
                        issued such order, regarding the proper 
                        treatment plan for such juvenile; and
                          (ii) such court shall conduct a 
                        hearing to determine--
                                  (I) whether there is 
                                reasonable cause to believe 
                                that such juvenile committed 
                                such status offense; and
                                  (II) the appropriate 
                                placement of such juvenile 
                                pending disposition of the 
                                status offense that is the 
                                subject of such order.
          [(25)] (23) provide an assurance that if the State 
        receives under section 222 for any fiscal year an 
        amount that exceeds 105 percent of the amount the State 
        received under such section for fiscal year 1992, all 
        of such excess shall be expended through or for 
        programs that are part of a comprehensive and 
        coordinated community system of services.
          * * * * * * *
  [(c)(1) Subject to paragraph (2), the Administrator shall 
approve any State plan and any modification thereof that meets 
the requirements of this section.
  [(2) Failure to achieve compliance with the subsection 
(a)(12)(A) requirement within the 3-year time limitation shall 
terminate any State's eligibility for funding under this part 
for a fiscal year beginning before January 1, 1993, unless the 
Administrator determines that the State is in substantial 
compliance with the requirement, through achievement of 
deinstitutionalization of not less than 75 percent of such 
juveniles or through removal of 100 percent of such juveniles 
from secure correctional facilities, and has made, through 
appropriate executive or legislative action, an unequivocal 
commitment to achieving full compliance within a reasonable 
time not exceeding 2 additional years.
  [(3) If a State fails to comply with the requirements of 
subsection (a), (12)(A), (13), (14), or (23)
          [(A) subject to subparagraph (B), the amount allotted 
        under section 222 to the State for that fiscal year 
        shall be reduced by 25 percent for each such paragraph 
        with respect to which noncompliance occurs; and
          [(B) the State shall be ineligible to receive any 
        allotment under that section for such fiscal year 
        unless--
                  [(i) the State agrees to expend all the 
                remaining funds the State receives under this 
                part (excluding funds required to be expended 
                to comply with section 222 (c) and (d) and with 
                section 223(a)(5)(C)) for that fiscal year only 
                to achieve compliance with any such paragraph 
                with respect to which the State is in 
                noncompliance; or
                  [(ii) the Administrator determines, in the 
                discretion of the Administrator, that the 
                State--
                          [(I) has achieved substantial 
                        compliance with each such paragraph 
                        with respect to which the State was not 
                        in compliance; and
                          [(II) has made, through appropriate 
                        executive or legislative action, an 
                        unequivocal commitment to achieving 
                        full compliance within a reasonable 
                        time.]
  (c) If a State fails to comply with any of the applicable 
requirements of paragraphs (11)(A), (13), (14), and (21) of 
subsection (a) in any fiscal year beginning after September 30, 
1996, then the amount allocated to such State for the 
subsequent fiscal year shall be reduced by not to exceed 12.5 
percent for each such paragraph with respect to which the 
failure occurs, unless the Administrator determines that the 
State--
          (1) has achieved substantial compliance with such 
        applicable requirements with respect to which the State 
        was not in compliance; and
          (2) has made, through appropriate executive or 
        legislative action, an unequivocal commitment to 
        achieving full compliance with such applicable 
        requirements within a reasonable time.
    (d) In the event that any State chooses not to submit a 
plan, fails to submit a plan, or submits a plan or any 
modification thereof, which the Administrator, after reasonable 
notice and opportunity for hearing, in accordance with sections 
802, 803, and 804 of title I of the Omnibus Crime Control and 
Safe Streets Act of 1968, determines does not meet the 
requirements of this section, the Administrator shall endeavor 
to make that State's [allotment] allocation under the 
provisions of section 222(a), excluding funds the Administrator 
shall make available to satisfy the requirement specified in 
section 222(d), available to local public and private non-
profit agencies within such State for use in carrying out 
activities of the kinds described in [subsection (a) (12)(A), 
(13), (14) and (23)] paragraphs (11)(A), (12), (13), and (21) 
of subsection (a). The Administrator shall make funds which 
remain available after disbursements are made by the 
Administrator under the preceding sentence, and any other 
unobligated funds, available on an equitable basis to those 
States that have achieved full compliance with the requirements 
under [subsection (a) (12)(A), (13), (14) and (23)] paragraphs 
(11)(A), (12), (13), and (21) of subsection (a).

                       Part C--National Programs

  Subpart I--National Institute for Juvenile Justice and Delinquency 
                               Prevention

   establishment of national institute for juvenile [justice] crime 
                   control and delinquency prevention

    Sec. 241. (a) There is hereby established within the 
Juvenile Justice and Delinquency Prevention Office a National 
Institute for Juvenile [Justice] crime control and Delinquency 
Prevention.
    (b) The National Institute for Juvenile [Justice] Crime 
Control and Delinquency Prevention shall be under the 
supervision and direction of the Administrator.
    (c) The activities of the National Institute for Juvenile 
[Justice] Crime Control and Delinquency Prevention shall be 
coordinated with the activities of the National Institute of 
Justice in accordance with the requirements of section 201(b).
    (d) It shall be the purpose of the Institute to provide--
          (1) * * *
          * * * * * * *
          (2) appropriate training (including training designed 
        to strengthen and maintain the family unit) for 
        representatives of Federal, State, local law 
        enforcement officers, teachers and special education 
        personnel, recreation and park [personnel,,] personnel, 
        family counselors, child welfare workers, juvenile 
        judges and judicial personnel, probation personnel, 
        prosecutors and defense attorneys, correctional 
        personnel (including volunteer lay personnel), persons 
        associated with law-related education, youth workers, 
        and representatives of private agencies and 
        organizations with specific experience in the 
        prevention, treatment, and control of juvenile 
        delinquency.
          * * * * * * *
    (f)(1) The Administrator, acting through the Institute, 
shall provide technical [and financial] assistance to an 
eligible organization composed of member representatives of the 
State advisory groups appointed under section 223(a)(3) to 
assist such organization to carry out the functions specified 
in paragraph (2).
    (2) To be eligible to receive such assistance, such 
organization shall agree to carry out activities that include--
          (A) * * *
          * * * * * * *
          (C) reviewing Federal policies regarding juvenile 
        [justice] crime control and delinquency prevention;
          * * * * * * *
          (E) advising the President and Congress with regard 
        to State perspectives on the operation of the Office 
        and Federal legislation pertaining to juvenile 
        [justice] crime control and delinquency prevention.
          * * * * * * *

           research, demonstration, and evaluation functions

    Sec. 243. (a) The Administrator, acting through the 
National Institute for Juvenile [Justice] Crime Control and 
Delinquency Prevention, is authorized to--
          (1) * * *
          * * * * * * *
          (2) encourage the development of demonstration 
        projects in new, innovative techniques and methods to 
        prevent and treat juvenile delinquency, particularly to 
        prevent serious crimes and violent crimes;
          (3) establish or expand programs that, in recognition 
        of varying degrees of the seriousness of delinquent 
        behavior and the corresponding gradations in the 
        responses of the juvenile justice system in response to 
        that behavior, are designed to--
                  [(i)] (A) encourage courts to develop and 
                implement a continuum of post-adjudication 
                restraints that bridge the gap between 
                traditional probation and confinement in a 
                correctional setting (including expanded use of 
                probation, mediation, restitution, community 
                service, treatment, home detention, intensive 
                supervision, electronic monitoring, boot camps 
                and similar programs, and secure community-
                based treatment facilities linked to other 
                support services such as health, mental health, 
                education (remedial and special), job training, 
                and recreation); and
                  [(ii)] (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;
          (4) [Encourage] encourage the development of programs 
        which, in addition to helping youth take responsibility 
        for their behavior, take into consideration life 
        experiences which may have contributed to their 
        delinquency when developing intervention and treatment 
        programs;
          [(5)] (6) provide for the evaluation of all juvenile 
        delinquency programs assisted under this title in order 
        to determine the results and the effectiveness of such 
        programs;
          [(6) provide for the evaluation of any other Federal, 
        State, or local juvenile delinquency program;]
          (7) provide for the evaluation of--
                  (A) programs and interventions designed to 
                prevent juvenile violence; and
                  (B) all other juvenile delinquency programs 
                assisted under this title;
        in order to determine the results and the effectiveness 
        of such programs and such interventions;
          [(7)] (8) prepare, in cooperation with educational 
        institutions, with Federal, State, and local agencies, 
        and with appropriate individuals and private agencies, 
        such studies as it considers to be necessary with 
        respect to the prevention and treatment of juvenile 
        delinquency (particularly the prevention of serious 
        crime and violent crime) and the improvement of the 
        juvenile justice system, including--
                  (A) * * *
          * * * * * * *
                  [(B) assessments regarding the role of family 
                violence, sexual abuse or exploitation, media 
                violence, the improper handling of youth placed 
                in one State by another State, the 
                effectiveness of family-centered treatment 
                programs, special education, remedial 
                education, and recreation, and the extent to 
                which youth in the juvenile system are treated 
                differently on the basis of sex, race, or 
                family income and the ramifications of such 
                treatment;]
                  (B) assessments regarding--
                          (i) the role of family violence, 
                        sexual abuse or exploitation, drug 
                        abuse within the family, media 
                        violence, the improper handling of 
                        juveniles placed in one State by 
                        another State, and the effectiveness of 
                        family-centered treatment programs, 
                        special education, remedial education, 
                        and recreation;
                          (ii) the extent to which juveniles in 
                        the juvenile justice system are treated 
                        differently on the basis of sex, race, 
                        family composition, past delinquent 
                        behavior or family income; and
                          (iii) the ramifications of such 
                        treatment on such juveniles and on the 
                        recidivism rate of such juveniles;
          * * * * * * *
                  (D) recommendations as to effective means for 
                deterring involvement in illegal activities or 
                promoting involvement in lawful activities 
                [(including the productive use of discretionary 
                time through organized recreational] on the 
                part of gangs whose membership is substantially 
                composed of juveniles; and
                  (E) examine the nature and extent to which 
                States have opened juvenile delinquency 
                proceedings, and records of such proceedings, 
                to the public and the impact which the opening 
                of such proceedings and records has on the 
                recidivism rate of juveniles and on their post-
                adjudication involvement in school, success in 
                employment, and relationship with family and 
                community;
          [(8)] (9) disseminate pertinent data and studies to 
        individuals, agencies, and organizations concerned with 
        the prevention and treatment of juvenile delinquency;
          [(9)] (10) develop and support model State 
        legislation consistent with the mandates of this title 
        and the standards developed by the National Advisory 
        Committee for Juvenile Justice and Delinquency 
        Prevention before the date of the enactment of the 
        Juvenile Justice, Runaway Youth, and Missing Children's 
        Act Amendments of 1984;
          [(10) develop and support model State legislation 
        consistent with the mandates of this title and the 
        standards developed by the National Advisory Committee 
        for Juvenile Justice and Delinquency Prevention before 
        the date of the enactment of the Juvenile Justice, 
        Runaway Youth, and Missing Children's Act Amendments of 
        1984;
          [(11) support research relating to reducing the 
        excessive proportion of juveniles detained or confined 
        in secure detention facilities, secure correctional 
        facilities, jails, and lockups who are members of 
        minority groups; and]
          (11) support research relating to reducing the 
        proportion of juveniles detained or confined in secure 
        detention facilities, secure correctional facilities, 
        jails, and lockups who are members of minority groups;
          (12) support research related to achieving a better 
        understanding of the commission of hate crimes by 
        juveniles;
          [(12)] (13) support independent and collaborative 
        research, research training, and consultation on 
        social, psychological, educational, economic, and legal 
        issues affecting children and families as such issues 
        relate to the prevention of juvenile delinquency;
          [(13) support research related to achieving a better 
        understanding of the commission of hate crimes by 
        juveniles and designed to identify educational programs 
        best suited to prevent and reduce the incidence of hate 
        crimes committed by juveniles; and]
          (14) support research on--
                  (A) the extent, nature, risk and protective 
                factors, and causes of juvenile violence and 
                juvenile delinquency; and
                  (B) the effectiveness of restitution and 
                graduated sanctions on reducing juvenile 
                violence and juvenile delinquency;
          [(14)] (15) routinely collect, analyze, compile, 
        publish, and disseminate uniform national statistics 
        concerning--
                  (A) all aspects of juveniles as victims and 
                offenders;
                  (B) the processing and treatment, in the 
                juvenile justice system, of juveniles who are 
                status offenders, delinquent, neglected, or 
                abused; and
                  (C) the processing and treatment of such 
                juveniles who are treated as adults for 
                purposes of the criminal justice system.
  (b) The Administrator shall make available to the public--
          (1) the results of evaluations and research and 
        demonstration activities referred to in [subsection 
        (a)(8)] subsection (a)(9); and
          (2) the data and studies referred to in [subsection 
        (a)(9)] subsection (a)(10);
that the Administrator is authorized to disseminate under 
subsection (a).

              technical assistance and training functions

    Sec. 244. The Administrator, acting through the National 
Institute for Juvenile [Justice] Crime Control and Delinquency 
Prevention is authorized to--
          (1) * * *
          (2) develop, conduct, and provide for training 
        programs for the training of professional, 
        paraprofessional, and volunteer personnel, and other 
        persons who are working with or preparing to work with 
        juveniles, juvenile offenders [(including juveniles who 
        commit hate crimes)], and their families;
          (3) develop, conduct, and provide for seminars, 
        workshops, and training programs in the latest proven 
        effective techniques and methods of preventing and 
        treating juvenile delinquency for law enforcement 
        officers, juvenile judges, prosecutors, and defense 
        [attorneys,,] attorneys, and other court personnel, 
        probation officers, correctional personnel, and other 
        Federal, State, and local government personnel who are 
        engaged in work relating to juvenile delinquency;
          * * * * * * *

                   establishment of training program

    Sec. 245. (a) The Administrator shall establish within the 
Institute a training program designed to train enrollees with 
respect to methods and techniques for the prevention and 
treatment of juvenile delinquency[, including methods and 
techniques specifically designed to prevent and reduce the 
incidence of hate crimes committed by juveniles]. In carrying 
out this program the Administrator is authorized to make use of 
available State and local services, equipment, personnel, 
facilities, and the like.
    (b) Enrollees in the training program established under 
this section shall be drawn from law enforcement and 
correctional personnel (including volunteer lay personnel), 
teachers and special education personnel, family counselors, 
child welfare workers, juvenile judges and judicial personnel, 
[persons associated with law-related education,] youth workers, 
[and representatives] representatives of private agencies and 
organizations with specific experience in the prevention and 
treatment of juvenile delinquency, and such other individuals 
as the Administrator considers to be appropriate.

                    curriculum for training program

    Sec. 246. The Administrator shall design and supervise a 
curriculum for the training program established by section 245 
which shall utilize an interdisciplinary approach with respect 
to the prevention of juvenile delinquency, the treatment of 
juvenile delinquents, and the diversion of youths from the 
juvenile justice system. Such curriculum shall be appropriate 
to the needs of the enrollees of the training program [and 
shall include training designed to prevent juveniles from 
committing hate crimes].
          * * * * * * *

                      [special studies and reports

    [Sec. 248. (a) Pursuant to 1988 Amendments.--(1) Not later 
than 1 year after the date of the enactment of the Juvenile 
Justice and Delinquency Prevention Amendments of 1988, the 
Administrator shall begin to conduct a study with respect to 
the juvenile justice system--
          [(A) to review--
                  [(i) conditions in detention and correctional 
                facilities for juveniles; and
                  [(ii) the extent to which such facilities 
                meet recognized national professional 
                standards; and
          [(B) to make recommendations to improve conditions in 
        such facilities.
    [(2)(A) Not later than 1 year after the date of the 
enactment of the Juvenile Justice and Delinquency Prevention 
Amendments of 1988, the Administrator shall begin to conduct a 
study to determine--
          [(i) how juveniles who are American Indians and 
        Alaskan Natives and who are accused of committing 
        offenses on and near Indian reservations and Alaskan 
        Native villages, respectively, are treated under the 
        systems of justice administered by Indian tribes and 
        Alaskan Native organizations, respectively, that 
        perform law enforcement functions;
          [(ii) the amount of financial resources (including 
        financial assistance provided by governmental entities) 
        available to Indian tribes and Alaskan Native 
        organizations that perform law enforcement functions, 
        to support community-based alternatives to 
        incarcerating juveniles; and
          [(iii) the extent to which such tribes and 
        organizations comply with the requirements specified in 
        paragraphs (12)(A), (13), and (14) of section 223(a), 
        applicable to the detention and confinement of 
        juveniles.
    [(2)(A) For purposes of section 7(b) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450e(b)), 
any contact, subcontract, grant, or subgrant made under 
paragraph (1) shall be deemed to be a contract, subcontract, 
grant, or subgrant made for the benefit of Indians.
    [(ii) for purposes of section 7(b) of such Act and 
subparagraph (A) of this paragraph, references to Indians and 
Indian organizations shall be deemed to include Alaskan Natives 
and Alaskan Native organizations, respectively.
    [(3) Not later than 3 years after the date of the enactment 
of the Juvenile Justice and Delinquency Prevention Amendments 
of 1988, the Administrator shall submit a report to the 
chairman of the Committee on Education and Labor of the House 
of Representatives and the chairman of the Committee on the 
Judiciary of the Senate containing a description, and a summary 
of the results, of the study conducted under paragraph (1) or 
(2), as the case may be.
  [(b) Pursuant to 1992 Amendments.--(1) Not later than 1 year 
after the date of enactment of this subsection, the Comptroller 
General shall--
          [(A) conduct a study with respect to juveniles waived 
        to adult court that reviews--
                  [(i) the frequency and extent to which 
                juveniles have been transferred, certified, or 
                waived to criminal court for prosecution during 
                the 5-year period ending December 1992;
                  [(ii) conditions of confinement in adult 
                detention and correctional facilities for 
                juveniles waived to adult court; and
                  [(iii) sentencing patterns, comparing 
                juveniles waived to adult court with juveniles 
                who have committed similar offenses but have 
                not been waived; and
          [(B) submit to the Committee on Education and Labor 
        of the House of Representatives and the Committee on 
        the Judiciary of the Senate a report (including a 
        compilation of State waiver statutes) on the findings 
        made in the study and recommendations to improve 
        conditions for juveniles waived to adult court.
  [(2) Not later than 1 year after the date of enactment of 
this subsection, the Comptroller General shall--
          [(A) conduct a study with respect to admissions of 
        juveniles for behavior disorders to private psychiatric 
        hospitals, and to other residential and nonresidential 
        programs that serve juveniles admitted for behavior 
        disorders, that reviews--
                  [(i) the frequency with which juveniles have 
                been admitted to such hospitals and programs 
                during the 5-year period ending December 1992; 
                and
                  [(ii) conditions of confinement, the average 
                length of stay, and methods of payment for the 
                residential care of such juveniles; and
          [(B) submit to the Committee on Education and Labor 
        of the House of Representatives and the Committee on 
        the Judiciary of the Senate a report on the findings 
        made in the study and recommendations to improve 
        procedural protections and conditions for juveniles 
        with behavior disorders admitted to such hospitals and 
        programs.
  [(3) Not later than 1 year after the date of enactment of 
this subsection, the Comptroller General shall--
          [(A) conduct a study of gender bias within State 
        juvenile justice systems that reviews--
                  [(i) the frequency with which females have 
                been detained for status offenses (such as 
                frequently running away, truancy, and sexual 
                activity), as compared with the frequency with 
                which males have been detained for such 
                offenses during the 5-year period ending 
                December 1992; and
                  [(ii) the appropriateness of the placement 
                and conditions of confinement for females; and
          [(B) submit to the Committee on Education and Labor 
        of the House of Representatives and the Committee on 
        the Judiciary of the Senate a report on the findings 
        made in the study and recommendations to combat gender 
        bias in juvenile justice and provide appropriate 
        services for females who enter the juvenile justice 
        system.
  [(4) Not later than 1 year after the date of enactment of 
this subsection, the Comptroller General shall--
          [(A) conduct a study of the Native American pass-
        through grant program authorized under section 
        223(a)(5)(C) that reviews the cost-effectiveness of the 
        funding formula utilized; and
          [(B) submit to the Committee on Education and Labor 
        of the House of Representatives and the Committee on 
        the Judiciary of the Senate a report on the findings 
        made in the study and recommendations to improve the 
        Native American pass-through grant program.
  [(5) Not later than 1 year after the date of enactment of 
this subsection, the Comptroller General shall--
          [(A) conduct a study of access to counsel in juvenile 
        court proceedings that reviews--
                  [(i) the frequency with which and the extent 
                to which juveniles in juvenile court 
                proceedings either have waived counsel  or  
                have  obtained access to counsel  during the 5-
                year period ending December 1992; and
                  [(ii) a comparison of access to and the 
                quality of counsel afforded juveniles charged 
                in adult court proceedings with those of 
                juveniles charged in juvenile court 
                proceedings; and
          [(B) submit to Committee on Education and Labor of 
        the House of Representatives and the Committee on the 
        Judiciary of the Senate a report on the findings made 
        in the study and recommendations to improve access to 
        counsel for juveniles in juvenile court proceedings.
  [(6)(A) Not later than 180 days after the date of enactment 
of this subsection, the Administrator shall begin to conduct a 
study and continue any pending study of the incidence of 
violence committed by or against juveniles in urban and rural 
areas in the United States.
  [(B) The urban areas shall include--
          [(i) the District of Columbia;
          [(ii) Los Angeles, California;
          [(iii) Milwaukee, Wisconsin;
          [(iv) Denver, Colorado;
          [(v) Pittsburgh, Pennsylvania;
          [(vi) Rochester, New York; and
          [(vii) such other cities as the Administrator 
        determines to be appropriate.
  [(C) At least one rural area shall be included.
  [(D) With respect to each urban and rural area included in 
the study, the objectives of the study shall be--
          [(i) to identify characteristics and patterns of 
        behavior of juveniles who are at risk of becoming 
        violent or victims of homicide;
          [(ii) to identify factors particularly indigenous to 
        such area that contribute to violence committed by or 
        against juveniles;
          [(iii) to determine the accessibility of firearms, 
        and the use of firearms by or against juveniles;
          [(iv) to determine the conditions that cause any 
        increase in violence committed by or against juveniles;
          [(v) to identify existing and new diversion, 
        prevention, and control programs to ameliorate such 
        conditions;
          [(vi) to improve current systems to prevent and 
        control violence by or against juveniles; and
          [(vii) to develop a plan to assist State and local 
        governments to establish viable ways to reduce homicide 
        committed by or against juveniles.
  [(E) Not later than 3 years after the date of enactment of 
this subsection, the Administrator shall submit a report to the 
Committee on Education and Labor of the House of 
Representatives and the Committee on the Judiciary of the 
Senate detailing the results of the study addressing each 
objective specified in subparagraph (D).
  [(7)(A) Not later than 1 year after the date of the enactment 
of this subsection, the Administrator shall--
          [(i) conduct a study described in subparagraph (B); 
        and
          [(ii) submit to the chairman of the Committee on 
        Education and Labor of the House of Representatives and 
        the chairman of the Committee on the Judiciary of the 
        Senate the results of the study.
  [(B) The study required by subparagraph (A) shall assess--
          [(i) the characteristics of juveniles who commit hate 
        crimes, including a profile of such juveniles based 
        on--
                  [(I) the motives for committing hate crimes;
                  [(II) the age, sex, race, ethnicity, 
                education level, locality, and family income of 
                such juveniles; and
                  [(III) whether such juveniles are familiar 
                with publications or organized groups that 
                encourage the commission of hate crimes;
          [(ii) the characteristics of hate crimes committed by 
        juveniles, including--
                  [(I) the types of hate crimes committed;
                  [(II) the frequency with which institutions 
                and natural persons, separately determined, 
                were the targets of such crimes;
                  [(III) the number of persons who participated 
                with juveniles in committing such crimes;
                  [(IV) the types of law enforcement 
                investigations conducted with respect to such 
                crimes;
                  [(V) the law enforcement proceedings 
                commenced against juveniles for committing hate 
                crimes; and
                  [(VI) the penalties imposed on such juveniles 
                as a result of such proceedings; and
          [(iii) the characteristics of the victims of hate 
        crimes committed by juveniles, including--
                  [(I) the age, sex, race, ethnicity, locality 
                of the victims and their familiarity with the 
                offender; and
                  [(II) the motivation behind the attack.]

     Subpart II--Special Emphasis Prevention and Treatment Programs

                 authority to make grants and contracts

    Sec. 261. (a) Except as provided in subsection (f), the 
Administrator [shall, by making grants to and entering into 
contracts with] may, on a competitive basis, make grants to and 
contracts with public and private nonprofit agencies, 
organizations, institutions, and individuals provide for [each] 
any of the following during each fiscal year:
          (1) * * *
          (2) Establishing or implementing effective means of 
        diverting juveniles from the traditional juvenile 
        justice and correctional system, including activities 
        to ensure juvenile accountability for nonviolent 
        criminal activities, restitution and reconciliation 
        projects which test and validate selected arbitration 
        models, such as neighborhood courts or panels, and 
        increase victim satisfaction while providing 
        alternatives to incarceration for detained or 
        adjudicated delinquents.
          (3) Establishing or supporting advocacy programs and 
        services that encourage the improvement of due process 
        available to juveniles in the juvenile justice system 
        [and the quality of legal representation for such 
        juveniles].
          [(4) Establishing or supporting programs stressing 
        advocacy activities aimed at improving services to 
        juveniles affected by the juvenile justice system, 
        including services that provide for the appointment of 
        special advocates by courts for such juveniles.]
          [(5)] (4) Developing or supporting model programs to 
        strengthen and maintain the family unit in order to 
        prevent or treat juvenile delinquency.
          [(6)] (5) Establishing or implementing special 
        emphasis prevention and treatment programs relating to 
        juveniles who commit serious crimes (including such 
        crimes committeed in schools), including programs 
        designed to deter involvement in illegal activities or 
        to promote involvement in lawful activities on the part 
        of gangs whose membership is substantially composed of 
        juveniles.
          [(7) Developing or implementing further a 
        coordinated, national law-related education program 
        of--
                  [(A) delinquency prevention in elementary and 
                secondary schools, and other local sites;
                  [(B) training for persons responsible for the 
                implementation of law-related education 
                programs; and
                  [(C) disseminating information regarding 
                model, innovative, law-related education 
                programs to juvenile delinquency programs, 
                including those that are community based, and 
                to law enforcement and criminal justice 
                agencies for activities related to juveniles, 
                that targets juveniles who have had contact 
                with the juvenile justice system or who are 
                likely to have contact with the system.
          [(8) Addressing efforts to reduce the proportion of 
        juveniles detained or confined in secure detention 
        facilities, secure correctional factilities, jails, and 
        lockups who are members of minority groups if such 
        proportion exceeds the proportion such groups represent 
        in the general population.]
          [(9)] (6) Establishing or supporting programs 
        designed to prevent and to reduce the incidence of hate 
        crimes by juveniles[, including--
                  [(A) model educational programs that are 
                designed to reduce the incidence of hate crimes 
                by means such as--
                          [(i) addressing the specific 
                        prejudicial attitude of each offender;
                          [(ii) developing an awareness in the 
                        offender of the effect of the hate 
                        crime on the victim; and
                          [(iii) educating the offender about 
                        the importance of tolerance in our 
                        society; and
                  [(B) sentencing programs that are designed 
                specifically for juveniles who commit hate 
                crimes and that provide alternatives to 
                incarceration].
    [(b) Except as provided in subsection (f), the Adminstrator 
is authorized, by making grants to and entering into contracts 
with public and private nonprofit agencies, organizations, 
institutions, and individuals, to develop and implement new 
approaches, techniques, and methods designed to--]
          [(1) improve] (7) Improving the capability of public 
        and private agencies and organizations to provide 
        services for delinquents and other juveniles to help 
        prevent juvenile delinquency[;].
          [(2) develop and implement] (8) Developing and 
        implementing, in coordination with the Secretary of 
        Education, model programs and methods to keep students 
        in elementary and secondary schools, to assist in 
        identifying learning difficulties (including learning 
        disabilities), to prevent unwarranted and arbitrary 
        suspensions and expulsions, and to encourage new 
        approaches and techniques with respect to the 
        prevention of school violence and vandalism[;].
          [(3) develop, implement, and support] (9) Developing, 
        implementing, and supporting, in conjuction with the 
        Secretary of Labor, other public and private agencies, 
        organizations, business, and industry, programs for the 
        employment of juveniles[;].
          [(4) develop and support programs designed to 
        encourage and assist State legislatures to consider and 
        establish policies consistent with this title, both by 
        amending State laws, if necessary, and devoting greater 
        resources to effectuate such policies;]
          [(5) develop and implement] (10) Developing and 
        implementing programs relating to juvenile delinquency 
        and learning disabilities, including on-the-job 
        training programs to assist law enforcement personnel 
        and juvenile justice personnel to more effectively 
        recognize and provide for learning-disabled and other 
        handicapped juveniles[; and
          [(6) develop] (11) Developing statewide programs 
        through the use of subsidies or other financial 
        incentives designed [to--
                  [(A) remove juveniles from jails and lockups 
                for adults;
                  [(B)] to replicate juvenile programs 
                designated as exemplary by the National 
                Institute of Justice[; or
                  [(C) establish and adopt, based upon the 
                recommendations of the National Advisory 
                Committee for Juvenile Justice and Delinquency 
                Prevention made before the date of the 
                enactment of the Juvenile Justice, Runaway 
                Youth, and Missing Children's Act Amendments of 
                1984, standards for the improvement of juvenile 
                justice within each State involved]; and
          [(7) develop and implement] (12) Developing and 
        implementing programs, relating to the special 
        education needs of delinquent and other juveniles, 
        which develop locally coordinated policies and programs 
        among education, juvenile justice, and social service 
        agencies.
    [(c) Not less than 30 percent of the funds available for 
grants and contracts under this section shall be available for 
grants to and contracts with private nonprofit agencies, 
organizations, and institutions which have experience in 
dealing with juveniles.
    [(d) Assistance provided under this section shall be 
available on an equitable basis to deal with female, minority, 
and disadvantaged juveniles, including juveniles who are 
mentally, emotionally, or physically handicapped.]
    [(e)] (b) Not less than 5 percent of the funds available 
for grants and contracts under this section shall be available 
for grants and contracts designed to address the special needs 
and problems of juvenile delinquency in 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.
  [(f)] (c) The Administrator shall not make a grant or a 
contract under subsection (a) or (b) to the Department of 
Justice or to any administrative unit or other entity that is 
part of the Department of Justice.

              considerations for approval of applications

    Sec. 262. (a) * * *
          * * * * * * *
    (c) In determining whether or not to approve applications 
for grants and for contracts under this part, the Administrator 
shall consider--
          (1) the relative cost and effectiveness, and the 
        potential for success, of the proposed program in 
        carrying out this part;
          * * * * * * *
          [(4) the increase in capacity of the public and 
        private agency, institution, or individual involved to 
        provide services to address juvenile delinquency and 
        juvenile delinquency prevention;
          [(5) the extent to which such program serves 
        communities which have high rates of juvenile 
        unemployment, school dropout, and delinquency; and]
          (4) the extent to which such program serves 
        communities that have high rates of juvenile 
        delinquency, violent juvenile crime, dropping out of 
        school, high rates of unemployment among juveniles no 
        longer attending elementary or secondary school, and 
        juvenile participation in gangs; and
          [(6)] (5) the adverse impact that may result from the 
        restriction of eligibility, based upon population, for 
        cities with a population greater than 40,000 located 
        within States which have no city with a population over 
        250,000.
    (d)[(1)(A)] (1) Programs selected for assistance through 
grants or contracts under this part (other than section 241(f)) 
shall be selected through a competitive process to be 
established by rule by the Administrator. As part of such a 
process, the Administrator shall announce in the Federal 
Register--
          [(i)] (A) the availability of funds for such 
        assistance;
          [(ii)] (B) the general criteria applicable to the 
        selection of applicants to receive such assistance; and
          [(iii)] (C) a description of the procedures 
        applicable to submitting and reviewing applications for 
        such assistance.
  [(B) The competitive process described in subparagraph (A) 
shall not be required if the Administrator makes a written 
determination waiving the competitive process--
          [(i) with respect to programs to be carried out in 
        areas with respect to which the President declares 
        under the Robert T. Stafford Disaster Relief and 
        Emergency Assistance Act (42 U.S.C. 5121 et seq.) that 
        a major disaster or emergency exists; or
          [(ii) with respect to a particular program described 
        in part C that is uniquely qualified.]
    [(2)(A)] (2) Programs selected for assistance through 
grants or contracts under this part (other than section 241(f)) 
shall be reviewed before selection, and thereafter as 
appropriate, through a formal peer review process utilizing 
experts (other than officers and employees of the Department of 
Justice) in fields related to the subject matter of the 
proposed program.
    [(B) Such process shall be established by the Administrator 
in consultation with the Directors and other appropriate 
officials of the National Science Foundation and the National 
Institute of Mental Health. Before implementation of such 
process, the Administrator shall submit such process to such 
Directors, each of whom shall prepare and furnish to the 
chairman of the Committee on Education and Labor of the House 
of Representatives and the chairman of the Committee on the 
Judiciary of the Senate a final report containing their 
comments on such process as proposed to be established.
    [(3) The Administrator, in establishing the process 
required under paragaphs (1) and (2), shall provide for 
emergency expedited consideration of the proposed programs if 
necessary to avoid any delay which would preclude carrying out 
such programs.]
          * * * * * * *
    [(f) Notification of grants and contracts made under this 
part (and the applications submitted for such grants and 
contracts) shall, upon being made, be transmitted by the 
Administrator, to the chairman of the Committee on Education 
and Labor of the House of Representatives and the chairman of 
the Committee on the Judiciary of the Senate.]
  (f) Information on grants and contacts made available under 
this part shall be made available by the Administrator on 
request to the Chairman of the Committee on Economic and 
Educational Opportunities of the House of Representatives and 
to the Chairman of the Committee on the Judiciary of the 
Senate.

   [Part D--Gang-Free Schools and Communities; Community-Based Gang 
                              Intervention

             [Subpart I--Gang-Free Schools and Communities

                [authority to make grants and contracts

  [Sec. 281. (a) The Administrator shall make grants to or 
enter into contracts with public agencies (including local 
educational agencies) and private nonprofit agencies, 
organizations, and institutions to establish and support 
programs and activities that involve families and communities 
and that are designed to carry out any of the following 
purposes:
          [(1) To prevent and to reduce the participation of 
        juveniles in the activities of gangs that commit 
        crimes. Such programs and activities may include--
                  [(A) individual, peer, family, and group 
                counseling, including the provision of life 
                skills training and preparation for living 
                independently, which shall include cooperation 
                with social services, welfare, and health care 
                programs;
                  [(B) education and social services designed 
                to address the social and developmental needs 
                of juveniles which such juveniles would 
                otherwise seek to have met through membership 
                in gangs;
                  [(C) crisis intervention and counseling to 
                juveniles, who are particularly at risk of gang 
                involvement, and their families, including 
                assistance from social service, welfare, health 
                care, mental health, and substance abuse 
                prevention and treatment agencies where 
                necessary;
                  [(D) the organization of neighborhood and 
                community groups to work closely with parents, 
                schools, law enforcement, and other public and 
                private agencies in the community; and
                  [(E) training and assistance to adults who 
                have significant relationships with juveniles 
                who are or may become members of gangs, to 
                assist such adults in providing constructive 
                alternatives to participating in the activities 
                of gangs.
          [(2) To develop within the juvenile adjudicatory and 
        correctional systems new and innovative means to 
        address the problems of juveniles convicted of serious 
        drug-related and gang-related offenses.
          [(3) To target elementary school students, with the 
        purpose of steering students away from gang 
        involvement.
          [(4) To provide treatment to juveniles who are 
        members of such gangs, including members who are 
        accused of committing a serious crime and members who 
        have been adjudicated as being delinquent.
          [(5) To promote the involvement of juveniles in 
        lawful activities in geographical areas in which gangs 
        commit crimes.
          [(6) To promote and support, with the cooperation of 
        community-based organizations experienced in providing 
        services to juveniles engaged in gang-related 
        activities and the cooperation of local law enforcement 
        agencies, the development of policies and activities in 
        public elementary and secondary schools which will 
        assist such schools in maintaining a safe environment 
        conducive to learning.
          [(7) To assist juveniles who are or may become 
        members of gangs to obtain appropriate educational 
        instruction, in or outside a regular school program, 
        including the provision of counseling and other 
        services to promote and support the continued 
        participation of such juveniles in such instructional 
        programs.
          [(8) To expand 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.
          [(9) To provide services to prevent juveniles from 
        coming into contact with the juvenile justice system 
        again as a result of gang-related activity.
          [(10) To provide services authorized in this section 
        at a special location in a school or housing project.
          [(11) To support activities to inform juveniles of 
        the availability of treatment and services for which 
        financial assistance is available under this subpart.
  [(b) From not more than 15 percent of the 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--
          [(1) to conduct research on issues related to 
        juvenile gangs;
          [(2) to evaluate the effectiveness of programs and 
        activities funded under subsection (a); and
          [(3) 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 
        subpart.

                       [approval of applications

  [Sec. 281A. (a) Any agency, organization, or institution 
desiring to receive a grant, or to enter into a contract, under 
this subpart shall submit an application at such time, in such 
manner, and containing such information as the Administrator 
may prescribe.
  [(b) In accordance with guidelines established by the 
Administrator, each application submitted under subsection (a) 
shall--
          [(1) set forth a program or activity for carrying out 
        one or more of the purposes specified in section 281 
        and specifically identify each such purpose such 
        program or activity is designed to carry out;
          [(2) provide that such program or activity shall be 
        administered by or under the supervision of the 
        applicant;
          [(3) provide for the proper and efficient 
        administration of such program or activity;
          [(4) provide for regular evaluation of such program 
        or activity;
          [(5) provide an assurance that the proposed program 
        or activity will supplement, not supplant, similar 
        programs and activities already available in the 
        community;
          [(6) describe how such program or activity is 
        coordinated with programs, activities, and services 
        available locally under parts B or C of this title, and 
        under chapter 1 of subtitle B of title III of the Anti-
        Drug Abuse Act of 1988 (42 U.S.C. 11801-11805);
          [(7) certify that the applicant has requested the 
        State planning agency to review and comment on such 
        application and summarizes the responses of such State 
        planning agency to such request;
          [(8) provide that regular reports on such program or 
        activity shall be sent to the Administrator and to such 
        State planning agency; and
          [(9) 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 subpart.
  [(c) In reviewing applications for grants and contracts under 
section 281(a), the Administrator shall give priority to 
applications--
          [(1) submitted by, or substantially involving, local 
        educational agencies (as defined in section 1471 of the 
        Elementary and Secondary Education Act of 1965 (20 
        U.S.C. 2891));
          [(2) based on the incidence and severity of crimes 
        committed by gangs whose membership is composed 
        primarily of juveniles in the geographical area in 
        which the applicants propose to carry out the programs 
        and activities for which such grants and contracts are 
        requested; and
          [(3) for assistance for programs and activities 
        that--
                  [(A) are broadly supported by public and 
                private nonprofit agencies, organizations, and 
                institutions located in such geographical area; 
                and
                  [(B) will substantially involve the families 
                of juvenile gang members in carrying out such 
                programs or activities.

             [Subpart II--Community-Based Gang Intervention

  [Sec. 282. (a) 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 
        enforcement, intervention, and treatment efforts for 
        juvenile gang members and to curtail interstate 
        activities of gangs; and
          [(3) to facilitate coordination and cooperation 
        among--
                  [(A) local education, juvenile justice, 
                employment, and social service agencies; and
                  [(B) community-based programs with a proven 
                record of effectively providing intervention 
                services to juvenile gang members for the 
                purpose of reducing the participation of 
                juveniles in illegal gang activities; and
          [(4) to support programs that, in recognition of 
        varying degrees of the seriousness of delinquent 
        behavior and the corresponding gradations in the 
        responses of the juvenile justice system in response to 
        that behavior, are designed to--
                  [(A) encourage courts to develop and 
                implement a continuum of post-adjudication 
                restraints that bridge the gap between 
                traditional probation and confinement in a 
                correctional setting (including expanded use of 
                probation, mediation, restitution, community 
                service, treatment, home detention, intensive 
                supervision, electronic monitoring, boot camps 
                and similar programs, and secure community-
                based treatment facilities linked to other 
                support services such as health, mental health, 
                education (remedial and special), job training, 
                and recreation); and
                  [(B) assist in the provision by the 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) Programs and activities for which grants and contracts 
are to be made under subsection (a) may include--
          [(1) developing within the juvenile adjudicatory and 
        correctional systems new and innovative means to 
        address the problems of juveniles convicted of serious 
        drug-related and gang-related offenses;
          [(2) providing treatment to juveniles who are members 
        of such gangs, including members who are accused of 
        committing a serious crime and members who have been 
        adjudicated as being delinquent;
          [(3) promoting the involvement of juveniles in lawful 
        activities in geographical areas in which gangs commit 
        crimes;
          [(4) 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;
          [(5) providing services to prevent juveniles from 
        coming into contact with the juvenile justice system 
        again as a result of gang-related activity; or
          [(6) supporting activities to inform juveniles of the 
        availability of treatment and services for which 
        financial assistance is available under this subpart.

                       [approval of applications

  [Sec. 282A. (a) Any agency, organization, or institution 
desiring to receive a grant, or to enter into a contract, under 
this subpart shall submit an application at such time, in such 
manner, and containing such information as the Administrator 
may prescribe.
  [(b) In accordance with guidelines established by the 
Administrator, each application submitted under subsection (a) 
shall--
          [(1) set forth a program or activity for carrying out 
        one or more of the purposes specified in section 282 
        and specifically identify each such purpose such 
        program or activity is designed to carry out;
          [(2) provide that such program or activity shall be 
        administered by or under the supervision of the 
        applicant;
          [(3) provide for the proper and efficient 
        administration of such program or activity;
          [(4) provide for regular evaluation of such program 
        or activity;
          [(5) provide an assurance that the proposed program 
        or activity will supplement, not supplant, similar 
        programs and activities already available in the 
        community;
          [(6) describe how such program or activity is 
        coordinated with programs, activities, and services 
        available locally under parts B or C of this title, and 
        under chapter 1 of subtitle B of title III of the Anti-
        Drug Abuse Act of 1988 (42 U.S.C. 11801-11805);
          [(7) certify that the applicant has requested the 
        State planning agency to review and comment on such 
        application and summarizes the responses of such State 
        planning agency to such request;
          [(8) provide that regular reports on such program or 
        activity shall be sent to the Administrator and to such 
        State planning agency; and
          [(9) 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 subpart.
  [(c) In reviewing applications for grants and contracts under 
section 285(a), the Administrator shall give priority to 
applications--
          [(1) submitted by, or substantially involving, 
        community-based organizations experienced in providing 
        services to juveniles;
          [(2) based on the incidence and severity of crimes 
        committed by gangs whose membership is composed 
        primarily of juveniles in the geographical area in 
        which the applicants propose to carry out the programs 
        and activities for which such grants and contracts are 
        requested; and
          [(3) for assistance for programs and activities 
        that--
                  [(A) are broadly supported by public and 
                private nonprofit agencies, organizations, and 
                institutions located in such geographical area; 
                and
                  [(B) will substantially involve the families 
                of juvenile gang members in carrying out such 
                programs or activities.

                    [Subpart III--General Provisions

                              [definition

  [Sec. 283. For purposes of this part, the term ``juvenile'' 
means an individual who is less than 22 years of age.

                  [Part E--State Challenge Activities

                       [ESTABLISHMENT OF PROGRAM

  [Sec. 285. (a) In General.--The Administrator may make a 
grant to a State that receives an allocation under section 222, 
in the amount of 10 percent of the amount of the allocation, 
for each challenge activity in which the State participates for 
the purpose of funding the activity.
  [(b) Definitions.--For purposes of this part--
          [(1) the term ``case review system'' means a 
        procedure for ensuring that--
                  [(A) each youth has a case plan, based on the 
                use of objective criteria for determining a 
                youth's danger to the community or himself or 
                herself, that is designed to achieve 
                appropriate placement in the least restrictive 
                and most family-like setting available in close 
                proximity to the parents' home, consistent with 
                the best interests and special needs of the 
                youth;
                  [(B) the status of each youth is reviewed 
                periodically but not less frequently than once 
                every 3 months, by a court or by administrative 
                review, in order to determine the continuing 
                necessity for and appropriateness of the 
                placement;
                  [(C) with respect to each youth, procedural 
                safeguards will be applied to ensure that a 
                dispositional hearing is held to consider the 
                future status of each youth under State 
                supervision, in a juvenile or family court or 
                another court (including a tribal court) of 
                competent jurisdiction, or by an administrative 
                body appointed or approved by the court, not 
                later than 12 months after the original 
                placement of the youth and periodically 
                thereafter during the continuation of out-of-
                home placement; and
                  [(D) a youth's health, mental health, and 
                education record is reviewed and updated 
                periodically; and
          [(2) the term ``challenge activity'' means a program 
        maintained for 1 of the following purposes:
                  [(A) Developing and adopting policies and 
                programs to provide basic health, mental 
                health, and appropriate education services, 
                including special education, for youth in the 
                juvenile justice system as specified in 
                standards developed by the National Advisory 
                Committee for Juvenile Justice and Delinquency 
                Prevention prior to October 12, 1984.
                  [(B) Developing and adopting policies and 
                programs to provide access to counsel for all 
                juveniles in the justice system to ensure that 
                juveniles consult with counsel before waiving 
                the right to counsel.
                  [(C) Increasing community-based alternatives 
                to incarceration by establishing programs (such 
                as expanded use of probation, mediation, 
                restitution, community service, treatment, home 
                detention, intensive supervision, and 
                electronic monitoring) and developing and 
                adopting a set of objective criteria for the 
                appropriate placement of juveniles in detention 
                and secure confinement.
                  [(D) Developing and adopting policies and 
                programs to provide secure settings for the 
                placement of violent juvenile offenders by 
                closing down traditional training schools and 
                replacing them with secure settings with 
                capacities of no more than 50 violent juvenile 
                offenders with ratios of staff to youth great 
                enough to ensure adequate supervision and 
                treatment.
                  [(E) Developing and adopting policies to 
                prohibit gender bias in placement and treatment 
                and establishing programs to ensure that female 
                youth have access to the full range of health 
                and mental health services, treatment for 
                physical or sexual assault and abuse, self 
                defense instruction, education in parenting, 
                education in general, and other training and 
                vocational services.
                  [(F) Establishing and operating, either 
                directly or by contract or arrangement with a 
                public agency or other appropriate private 
                nonprofit organization (other than an agency or 
                organization that is responsible for licensing 
                or certifying out-of-home care services for 
                youth), a State ombudsman office for children, 
                youth, and families to investigate and resolve 
                complaints relating to action, inaction, or 
                decisions of providers of out-of-home care to 
                children and youth (including secure detention 
                and correctional facilities, residential care 
                facilities, public agencies, and social service 
                agencies) that may adversely affect the health, 
                safety, welfare, or rights of resident children 
                and youth.
                  [(G) Developing and adopting policies and 
                programs designed to remove, where appropriate, 
                status offenders from the jurisdiction of the 
                juvenile court to prevent the placement in 
                secure detention facilities or secure 
                correctional facilities of juveniles who are 
                nonoffenders or who are charged with or who 
                have committed offenses that would not be 
                criminal if committed by an adult.
                  [(H) Developing and adopting policies and 
                programs designed to serve as alternatives to 
                suspension and expulsion from school.
                  [(I) Increasing aftercare services for 
                juveniles involved in the justice system by 
                establishing programs and developing and 
                adopting policies to provide comprehensive 
                health, mental health, education, and 
                vocational services and services that preserve 
                and strengthen the families of such juveniles.
                  [(J) Developing and adopting policies to 
                establish--
                          [(i) a State administrative structure 
                        to coordinate program and fiscal 
                        policies for children who have 
                        emotional and behavioral problems and 
                        their families among the major child 
                        serving systems, including schools, 
                        social services, health services, 
                        mental health services, and the 
                        juvenile justice system; and
                          [(ii) a statewide case review system.

  [Part F--Treatment for Juvenile Offenders Who Are Victims of Child 
                            Abuse or Neglect

                              [DEFINITION

  [Sec. 287. For the purposes of this part, the term 
``juvenile'' means a person who is less than 18 years of age.

                       [AUTHORITY TO MAKE GRANTS

  [Sec. 287A. The Administrator, in consultation with the 
Secretary of Health and Human Services, shall make grants to 
public and nonprofit private organizations to develop, 
establish, and support projects that--
          [(1) provide treatment to juvenile offenders who are 
        victims of child abuse or neglect and to their families 
        so as to reduce the likelihood that the juvenile 
        offenders will commit subsequent violations of law;
          [(2) based on the best interests of juvenile 
        offenders who receive treatment for child abuse or 
        neglect, provide transitional services (including 
        individual, group, and family counseling) to juvenile 
        offenders--
                  [(A) to strengthen the relationships of 
                juvenile offenders with their families and 
                encourage the resolution of intrafamily 
                problems related to the abuse or neglect;
                  [(B) to facilitate their alternative 
                placement; and
                  [(C) to prepare juveniles aged 16 years and 
                older to live independently; and
          [(3) carry out research (including surveys of 
        existing transitional services, identification of 
        exemplary treatment modalities, and evaluation of 
        treatment and transitional services) provided with 
        grants made under this section.

                      [ADMINISTRATIVE REQUIREMENTS

  [Sec. 287B. The Administrator shall administer this part 
subject to the requirements of sections 262, 299B, and 299E.

                               [PRIORITY

  [Sec. 287C. In making grants under section 287A, the 
Administrator--
          [(1) shall give priority to applicants that have 
        experience in treating juveniles who are victims of 
        child abuse or neglect; and
          [(2) may not disapprove an application solely because 
        the applicant proposes to provide treatment or 
        transitional services to juveniles who are adjudicated 
        to be delinquent for having committed offenses that are 
        not serious crimes.

                           [Part G--Mentoring

                               [PURPOSES

  [Sec. 288. The purposes of this part are--
          [(1) to reduce juvenile delinquency and gang 
        participation;
          [(2) to improve academic performance; and
          [(3) to reduce the dropout rate,
through the use of mentors for at-risk youth.

                              [DEFINITIONS

  [Sec. 288A. For purposes of this part--
          [(1) the term ``at-risk youth'' means a youth at risk 
        of educational failure or dropping out of school or 
        involvement in delinquent activities; and
          [(2) the term ``mentor'' means a person who works 
        with an at-risk youth on a one-to-one basis, 
        establishing a supportive relationship with the youth 
        and providing the youth with academic assistance and 
        exposure to new experiences that enhance the youth's 
        ability to become a responsible citizen.

                                [GRANTS

  [Sec. 288B. The Administrator shall, by making grants to and 
entering into contracts with local educational agencies (each 
of which agency shall be in partnership with a public or 
private agency, institution, or business), 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, and adults 
        working for community-based organizations and agencies; 
        and
          [(2) are intended to achieve 1 or more of the 
        following goals:
                  [(A) Provide general guidance to at-risk 
                youth.
                  [(B) Promote personal and social 
                responsibility among at-risk youth.
                  [(C) Increase at-risk youth's participation 
                in and enhance their ability to benefit from 
                elementary and secondary education.
                  [(D) Discourage at-risk youth's use of 
                illegal drugs, violence, and dangerous weapons, 
                and other criminal activity.
                  [(E) Discourage involvement of at-risk youth 
                in gangs.
                  [(F) Encourage at-risk youth's participation 
                in community service and community activities.

                      [REGULATIONS AND GUIDELINES

  [Sec. 288C. (a) Program Guidelines.--The Administrator shall 
issue program guidelines to implement this part. The program 
guidelines shall be effective only after a period for public 
notice and comment.
  [(b) Model Screening Guidelines.--The Administrator shall 
develop and distribute to program participants specific model 
guidelines for the screening of prospective program mentors.

                             [USE OF GRANTS

  [Sec. 288D. (a) Permitted Uses.--Grants awarded pursuant to 
this part shall be used to implement mentoring programs, 
including--
          [(1) hiring of mentoring coordinators and support 
        staff;
          [(2) recruitment, screening, and training of adult 
        mentors;
          [(3) reimbursement of mentors for reasonable 
        incidental expenditures such as transportation that are 
        directly associated with mentoring; and
          [(4) such other purposes as the Administrator may 
        reasonably prescribe by regulation.
  [(b) Prohibited Uses.--Grants awarded pursuant to this part 
shall not be used--
          [(1) to directly compensate mentors, except as 
        provided pursuant to subsection (a)(3);
          [(2) to obtain educational or other materials or 
        equipment that would otherwise be used in the ordinary 
        course of the grantee's operations;
          [(3) to support litigation of any kind; or
          [(4) for any other purpose reasonably prohibited by 
        the Administrator by regulation.

                               [PRIORITY

  [Sec. 288E. (a) In General.--In making grants under this 
part, the Administrator shall give priority for awarding grants 
to applicants that--
          [(1) serve at-risk youth in high crime areas;
          [(2) have 60 percent or more of their youth eligible 
        to receive funds under the Elementary and Secondary 
        Education Act of 1965; and
          [(3) have a considerable number of youth 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.

                             [APPLICATIONS

  [Sec. 288F. 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 will be assigned to 
        more than one youth, so as to ensure a one-to-one 
        relationship;
          [(4) an assurance that projects operated in secondary 
        schools will provide youth with a variety of 
        experiences and support, including--
                  [(A) an opportunity to spend time in a work 
                environment and, when possible, participate in 
                the work environment;
                  [(B) an opportunity to witness the job skills 
                that will be required for youth to obtain 
                employment upon graduation;
                  [(C) assistance with homework assignments; 
                and
                  [(D) exposure to experiences that youth might 
                not otherwise encounter;
          [(5) an assurance that projects operated in 
        elementary schools will provide youth with--
                  [(A) academic assistance;
                  [(B) exposure to new experiences and 
                activities that youth might not encounter on 
                their own; and
                  [(C) emotional support;
          [(6) an assurance that projects will be monitored to 
        ensure that each youth benefits from a mentor 
        relationship, with provision for a new mentor 
        assignment if the relationship is not beneficial to the 
        youth;
          [(7) the method by which mentors and youth will be 
        recruited to the project;
          [(8) the method by which prospective mentors will be 
        screened; and
          [(9) the training that will be provided to mentors.

                             [GRANT CYCLES

  [Sec. 288G. Grants under this part shall be made for 3-year 
periods.

                                [REPORTS

  [Sec. 288H. Not later than 120 days after the completion of 
the first cycle of grants under this part, the Administrator 
shall submit to Congress a report regarding the success and 
effectiveness of the grant program in reducing juvenile 
delinquency and gang participation, improving academic 
performance, and reducing the dropout rate.

                          [Part H--Boot Camps

                       [ESTABLISHMENT OF PROGRAM

  [Sec. 289. (a) In General.--The Administrator may make grants 
to the appropriate agencies of one or more States for the 
purpose of establishing up to 10 military-style boot camps for 
juvenile delinquents (referred to as ``boot camps'').
  [(b) Location.--(1) The boot camps shall be located on 
existing or closed military installations on sites to be chosen 
by the agencies in one or more States, or in other facilities 
designated by the agencies on such sites, after consultation 
with the Secretary of Defense, if appropriate, and the 
Administrator.
  [(2) The Administrator shall--
          [(A) try to achieve to the extent possible equitable 
        geographic distribution in approving boot camp sites; 
        and
          [(B) give priority to grants where more than one 
        State enters into formal cooperative arrangements to 
        jointly administer a boot camp; and
  [(c) Regimen.--The boot camps shall provide--
          [(1) a highly regimented schedule of discipline, 
        physical training, work, drill, and ceremony 
        characteristic of military basic training;
          [(2) regular, remedial, special, and vocational 
        education; and
          [(3) counseling and treatment for substance abuse and 
        other health and mental health problems.

                               [CAPACITY

  [Sec. 289A. Each boot camp shall be designed to accommodate 
between 150 and 250 juveniles for such time as the grant 
recipient agency deems to be appropriate.

                       [ELIGIBILITY AND PLACEMENT

  [Sec. 289B. (a) Eligibility.--A person shall be eligible for 
assignment to a boot camp if he or she--
          [(1) is considered to be a juvenile under the laws of 
        the State of jurisdiction; and
          [(2) has been adjudicated to be delinquent in the 
        State of jurisdiction or, upon approval of the court, 
        voluntarily agrees to the boot camp assignment without 
        a delinquency adjudication.
  [(b) Placement.--Prior to being placed in a boot camp, an 
assessment of a juvenile shall be performed to determine that--
          [(1) the boot camp is the least restrictive 
        environment that is appropriate for the juvenile 
        considering the seriousness of the juvenile's 
        delinquent behavior and the juvenile's treatment need; 
        and
          [(2) the juvenile is physically and emotionally 
        capable of participating in the boot camp regimen.

                       [POST-RELEASE SUPERVISION

  [Sec. 289C. A State that seeks to establish a boot camp, or 
participate in the joint administration of a boot camp, shall 
submit to the Administrator a plan describing--
          [(1) the provisions that the State will make for the 
        continued supervision of juveniles following release; 
        and
          [(2) provisions for educational and vocational 
        training, drug or other counseling and treatment, and 
        other support services.

          [Part I--White House Conference on Juvenile Justice

  [Sec. 291. (a) In General.--The President may call and 
conduct a National White House Conference on Juvenile Justice 
(referred to as the ``Conference'') in accordance with this 
part.
  [(b) Purposes of Conference.--The purposes of the Conference 
shall be--
          [(1) to increase public awareness of the problems of 
        juvenile offenders and the juvenile justice system;
          [(2) to examine the status of minors currently in the 
        juvenile and adult justice systems;
          [(3) to examine the increasing number of violent 
        crimes committed by juveniles;
          [(4) to examine the growing phenomena of youth gangs, 
        including the number of young women who are involved;
          [(5) to assemble persons involved in policies and 
        programs related to juvenile delinquency prevention and 
        juvenile justice enforcement;
          [(6) to examine the need for improving services for 
        girls in the juvenile justice system;
          [(7) to create a forum in which persons and 
        organizations from diverse regions may share 
        information regarding successes and failures of policy 
        in their juvenile justice and juvenile delinquency 
        prevention programs; and
          [(8) to develop such specific and comprehensive 
        recommendations for executive and legislative action as 
        may be appropriate to address the problems of juvenile 
        delinquency and juvenile justice.
  [(c) Schedule of Conferences.--The Conference under this part 
shall be concluded not later than 18 months after the date of 
enactment of this part.
  [(d) Prior State and Regional Conferences.--
          [(1) In general.--Participants in the Conference and 
        other interested persons and organizations may conduct 
        conferences and other activities at the State and 
        regional levels prior to the date of the Conference, 
        subject to the approval of the executive director of 
        the Conference.
          [(2) Purpose of state and regional conferences.--
        State and regional conferences and activities shall be 
        directed toward the consideration of the purposes of 
        this part. State conferences shall elect delegates to 
        the National Conferences.
          [(3) Admittance.--No person involved in administering 
        State juvenile justice programs or in providing 
        services to or advocacy of juvenile offenders may be 
        denied admission to a State or regional conference.

                        [CONFERENCE PARTICIPANTS

  [Sec. 291A. (a) In General.--The Conference shall bring 
together persons concerned with issues and programs, both 
public and private, relating to juvenile justice, and juvenile 
delinquency prevention.
  [(b) Selection.--
          [(1) State conferences.--Delegates, including 
        alternates, to the National Conference shall be elected 
        by participants at the State conferences.
          [(2) Delegates.--(A) In addition to delegates elected 
        pursuant to paragraph (1)--
                  [(i) each Governor may appoint 1 delegate and 
                1 alternate;
                  [(ii) the majority leader of the Senate, in 
                consultation with the minority leader, may 
                appoint 10 delegates and 3 alternates;
                  [(iii) the Speaker of the House of 
                Representatives, in consultation with the 
                minority leader, may appoint 10 delegates and 3 
                alternates;
                  [(iv) the President may appoint 20 delegates 
                and 5 alternates;
                  [(v) the chief law enforcement official and 
                the chief juvenile corrections official of each 
                State may appoint 1 delegate and 1 alternate 
                each; and
                  [(vi) the Chairperson of the Juvenile Justice 
                and Delinquency Prevention Advisory Committee 
                of each State, or his or her designate, may 
                appoint 1 delegate.
          [(B) Only persons involved in administering State 
        juvenile justice programs or in providing services to 
        or advocacy of juvenile offenders shall be eligible for 
        appointment as a delegate.
  [(c) Participant Expenses.--Each participant in the 
Conference shall be responsible for his or her expenses related 
to attending the Conference and shall not be reimbursed from 
funds appropriated pursuant to this Act.
  [(d) No Fees.--No fee may be imposed on a person who attends 
a Conference except a registration fee of not to exceed $10.

                      [STAFF AND EXECUTIVE BRANCH

  [Sec. 291B. (a) In General.--The President may appoint and 
compensate an executive director of the National White House 
Conference on Juvenile Justice and such other directors and 
personnel for the Conference as the President may deem to be 
advisable, without regard to the provisions of title 5, United 
States Code, governing appointments in the competitive service, 
and without regard to the provisions of chapter 51 and 
subchapter III of chapter 53 of that title relating to 
classification and General Schedule pay rates. The staff of the 
Conference may not exceed 20, including the executive director.
  [(b) Detailees.--Upon request by the executive director, the 
heads of the executive and military departments may detail 
employees to work with the executive director in planning and 
administering the Conference without regard to section 3341 of 
title 5, United States Code.

               [PLANNING AND ADMINISTRATION OF CONFERENCE

  [Sec. 291C. (a) Federal Agency Support.--All Federal 
departments, agencies, and instrumentalities shall provide such 
support and assistance as may be necessary to facilitate the 
planning and administration of the Conference.
  [(b) Duties of the Executive Director.--In carrying out this 
part, the executive director of the White House Conference on 
Juvenile Justice--
          [(1) shall provide such assistance as may be 
        necessary for the organization and conduct of 
        conferences at the State and regional levels authorized 
        by section 291(d);
          [(2) may enter into contracts and agreements with 
        public and private agencies and organizations and 
        academic institutions to assist in carrying out this 
        part; and
          [(3) shall prepare and provide background materials 
        for use by participants in the Conference and by 
        participants in State and regional conferences.

                                [REPORTS

  [Sec. 291D. (a) In General.--Not later than 6 months after 
the date on which a National Conference is convened, a final 
report of the Conference shall be submitted to the President 
and the Congress.
  [(b) Contents.--A report described in subsection (a)--
          [(1) shall include the findings and recommendations 
        of the Conference and proposals for any legislative 
        action necessary to implement the recommendations of 
        the Conference; and
          [(2) shall be made available to the public.

                               [OVERSIGHT

  [Sec. 291E. The Administrator shall report to the Congress 
annually during the 3-year period following the submission of 
the final report of a Conference on the status and 
implementation of the findings and recommendations of the 
Conference.]

               PART D--GANG-FREE SCHOOLS AND COMMUNITIES

SEC. 271. AUTHORIZATION OF GRANTS.

  The Administrator may make grants to, or contracts with, 
public and nonprofit private agencies and organizations to 
establish and carry out programs designed to prevent and reduce 
the participation of juveniles in gangs that commit crimes 
(particularly violent crimes), that unlawfully use firearms and 
other weapons, or that unlawfully traffic in drugs. Such 
programs may be school- or community-based and shall involve, 
to the extent practicable, families and other community 
members, such as law enforcement personnel and members of the 
business community, in the activities conducted under such 
programs. Such programs may include--
          (1) educational activities that strengthen a 
        juvenile's ties to the school and the community;
          (2) mentoring projects;
          (3) job training and other activities that provide 
        juveniles with the skills necessary to become 
        productive members of society;
          (4) projects that coordinate services to be provided 
        to juveniles and their families, including educational 
        services, substance abuse treatment services, health 
        and mental health services, and other social services;
          (5) projects to prevent gang-related activities from 
        endangering the safety of students and disrupting the 
        learning environment in elementary and secondary 
        schools;
          (6) projects that involve local law enforcement 
        personnel in gang prevention and intervention 
        activities, particularly activities that focus on 
        preventing the unlawful use of firearms;
          (7) effective substance abuse treatment for juveniles 
        in such gangs, and other interventions to reduce rates 
        of drug abuse recidivism and gang participation; and
          (8) such other projects and activities related to the 
        prevention of juvenile participation in gangs that 
        commit crimes (particularly violent crimes), that 
        unlawfully use firearms and other weapons, or that 
        unlawfully traffic in drugs.

SEC. 272. APPLICATIONS.

  (a) Submission of Applications.--Applications for grants and 
contracts under section 271 shall be submitted to the 
Administrator and shall--
          (1) describe the program to be carried out with a 
        grant or contract made under such subsection; and
          (2) contain such other information and assurances as 
        the Administrator may require.
  (b) Selection of Applications for Approval.--From among 
applications submitted in accordance with subsection (a), the 
Administrator shall--
          (1) approve applications for grants and contracts to 
        carry out programs in both urban and rural areas, in 
        locations where juvenile gang-related, drug-related, 
        and firearm-related crime is frequent and serious; and
          (2) give priority to applications for grants and 
        contracts to carry out programs that have the greatest 
        potential for success, private sector support, and 
        broad-based community support.

           Part [I] E--General and Administrative Provisions

    Sec. 299. [(a)(1) To carry out the purposes of this title 
(other than parts D, E, F, G, H, and I) there are authorized to 
be appropriated $150,000,000 for fiscal years 1993, 1994, 1995, 
and 1996. Funds appropriated for any fiscal year shall remain 
available for obligation until expended.
  [(2)(A) Subject to subparagraph (B), to carry out part D, 
there are authorized to be appropriated--
                  [(i) to carry out subpart 1, $25,000,000 for 
                fiscal year 1993 and such sums as are necessary 
                for fiscal years 1994, 1995, and 1996; and
                  [(ii) to carry out subpart 2, $25,000,000 for 
                fiscal year 1993 and such sums as are necessary 
                for fiscal years 1994, 1995, and 1996.
  [(B) No funds may be appropriated to carry out part D, E, F, 
G, or I of this title or title V or VI for a fiscal year unless 
the aggregate amount appropriated to carry out this title 
(other than part D, E, F, G, or I of this title or title V or 
VI) for the fiscal year is not less than the aggregate amount 
appropriated to carry out this title (other than part D, E, F, 
G, or I of this title or title V or VI) for the preceding 
fiscal year.
  [(3) To carry out part E, there are authorized to be 
appropriated $50,000,000 for fiscal year 1993 and such sums as 
are necessary for each of the fiscal years 1994, 1995, and 
1996.
  [(4)(A) Subject to subparagraph (B), there are authorized to 
be appropriated to carry out part F--
          [(i) $15,000,000 for fiscal year 1993; and
          [(ii) such sums as are necessary for fiscal years 
        1994, 1995, and 1996.
  [(B) No amount is authorized to be appropriated for a fiscal 
year to carry out part F unless the aggregate amount 
appropriated to carry out this title for that fiscal year is 
not less than the aggregate amount appropriated to carry out 
this title for the preceding fiscal year.
  [(C) From the amount appropriated to carry out part F in a 
fiscal year, the Administrator shall use--
          [(i) not less than 85 percent to make grants for 
        treatment and transitional services;
          [(ii) not to exceed 10 percent for grants for 
        research; and
          [(iii) not to exceed 5 percent for salaries and 
        expenses of the Office of Juvenile Justice and 
        Delinquency Prevention related to administering part F.
  [(5)(A) Subject to subparagraph (B), there are authorized to 
be appropriated to carry out part G such sums as are necessary 
for fiscal years 1993, 1994, 1995, and 1996.
  [(6)(A) There are authorized to be appropriated to carry out 
part H such sums as are necessary for fiscal year 1993, to 
remain available until expended, of which--
          [(i) not more than $12,500,000 shall be used to 
        convert any 1 closed military base or to modify any 1 
        existing military base or other designated facility to 
        a boot camp; and
          [(ii) not more than $2,500,000 shall be used to 
        operate any 1 boot camp during a fiscal year.
  [(B) No amount is authorized to be appropriated for a fiscal 
year to carry out part H unless the aggregate amount 
appropriated to carry out parts A, B, and C of this title for 
that fiscal year is not less than 120 percent of the aggregate 
amount appropriated to carry out those parts for fiscal year 
1992.
  [(7)(A) There are authorized to be appropriated such sums as 
are necessary for each National Conference and associated State 
and regional conferences under part I, to remain available 
until expended.
  [(B) New spending authority or authority to enter into 
contracts under part I shall be effective only to such extent 
and in such amounts as are provided in advance in appropriation 
Acts.
  [(C) No funds appropriated to carry out this Act shall be 
made available to carry out part I other than funds 
appropriated specifically for the purpose of conducting the 
Conference.
  [(D) Any funds remaining unexpended at the termination of the 
Conference under part I, including submission of the report 
pursuant to section 291D, shall be returned to the Treasury of 
the United States and credited as miscellaneous receipts.
    [(b) Of such sums as are appropriated to carry out the 
purposes of this title (other than part D)--
          [(1) not to exceed 5 percent shall be available to 
        carry out part A;
          [(2) not less than 70 percent shall be available to 
        carry out part B; and
          [(3) 25 percent shall be available to carry out part 
        C.
    [(c) Notwithstanding any other provision of law, the 
Administrator shall--
          [(1) establish appropriate administrative and 
        supervisory board membership requirements for a State 
        agency responsible for supervising the preparation and 
        administration of the State plan submitted under 
        section 223 and permit the State advisory group 
        appointed under section 223(a)(3) to operate as the 
        supervisory board for such agency, at the discretion of 
        the Governor; and
          [(2) approve any appropriate State agency designated 
        by the Governor of the State involved in accordance 
        with paragraph (1).]
  (a) There are authorized to be appropriated to carry out this 
title (other than part D) $225,000,000 for fiscal year 1997 and 
such sums as may be appropriate for fiscal years 1998, 1999, 
and 2000.
  (b) There are authorized to be appropriated to carry out part 
D $10,000,000 for fiscal year 1997 and such sums as may be 
appropriate for fiscal years 1998, 1999, and 2000.
  (c) Of such sums as are appropriated for a fiscal year to 
carry out this title (other than part D)--
          (1) not to exceed 5 percent or $5,000,000, whichever 
        is less, shall be available to carry out part A;
          (2) not less than 70 percent shall be available to 
        carry out part B; and
          (3) 25 percent or $25,000,000, whichever is less, 
        shall be available to carry out part C.
          * * * * * * *
  [(e) Of such sums as are appropriated to carry out section 
261(a)(6), not less than 20 percent shall be reserved by the 
Administrator for each of fiscal years 1993, 1994, 1995, and 
1996, for not less than 2 programs that have not received funds 
under subpart II of part C prior to October 1, 1992, which 
shall be selected through the application and approval process 
set forth in section 262.]

                        administrative authority

  Sec. 299A. (a) * * *
  (b) 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, as so designated by the operation of the amendments made 
by the Justice Assistance Act of 1984, shall apply with respect 
to the administration of and compliance with this Act, except 
that for purposes of this Act--
          (1) * * *
          * * * * * * *
  (c) Sections 801(a), 801(c), and 806 of the Omnibus Crime 
Control and Safe Streets Act of 1968, as so designated by the 
operation of the amendments made by the Justice Assistance Act 
of 1984, shall apply with respect to the administration of and 
compliance with this Act, except that for purposes of this 
Act--
          (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 deemed 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 deemed to be a reference to the 
        [Office of Juvenile Justice and Delinquency Prevention] 
        Office of Juvenile Crime Control and Delinquency 
        Prevention; and
          (3) the term ``this title'' as it appears in such 
        sections shall be deemed to be a reference to this Act.
  (d) The Administrator is authorized, after appropriate 
consultation with representatives of States and units of local 
government, to 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] only to the extent necessary to ensure that there is 
compliance with the specific requirements of this title, but 
the Administrator may not establish rules, regulations, or 
procedures applicable to compliance with paragraphs (11)(A), 
(13), (14), or (21) of section 223(a).
  (e) If a State requires by law compliance with the 
requirements described in paragraphs (11)(A), (12), and (13) of 
section 223(a), then for the period such law is in effect in 
such State--
          (1) such State shall be deemed to satisfy such 
        requirements; and
          (2) the Administrator may not evaluate or require 
        compliance with such paragraphs.
          * * * * * * *

                              use of funds

  Sec. 299C. (a) Funds paid pursuant to this title to any 
public or private agency, organization, or institution, or to 
any individual (either directly or through a State planning 
agency) [may be used for]--
          (1) may be used for planning, developing, or 
        operating the program designed to carry out this title; 
        and
          [(2) not more than 50 per centum of the cost of the 
        construction of any innovative community-based facility 
        for fewer than 20 persons which, in the judgment of the 
        Administrator, is necessary to carry out this title.]
          (2) may not be used for the cost of construction of 
        any facility, except not more than 10 percent of the 
        funds received under this title by a State for a fiscal 
        year may be used for the purpose of renovating 
        community-based juvenile facilities.
  [(b) Except as provided in subsection (a), no funds paid to 
any public or private agency, or institution or to any 
individual under this title (either directly or through a State 
agency or local agency) may be used for construction.]
  [(c)] (b)(1) Funds paid pursuant to section 223(a)(10)(D) and 
section 261(a)(3) to any public or private agency, 
organization, or institution or to any individual shall not be 
used to pay for any personal service, advertisement, telegram, 
telephone communication, letter, printed or written matter, or 
other device intended or designed to influence a Member of 
Congress or any other Federal, State, or local elected official 
to favor or oppose any Acts, bills, resolutions, or similar 
legislation, or any referendum, initiative, constitutional 
amendment, or any similar procedure of the Congress, any State 
legislature, any local council, or any similar governing body, 
except that this paragraph shall not preclude such funds from 
being used in connection with communications to Federal, State, 
or local elected officials, upon the request of such officials 
through proper official channels, pertaining to authorization, 
appropriation, or oversight measures directly affecting the 
operation of the program involved.
          * * * * * * *
                              ----------                              


              SECTION 5315 OF TITLE 5, UNITED STATES CODE

Sec. 5315. Positions at level IV

  Level IV of the Executive Schedule applies to the following 
positions, for which the annual rate of basic pay shall be the 
rate determined with respect to such level under chapter 11 of 
title 2, as adjusted by section 5318 of this title:
          Deputy Administrator of General Services.
          Associate Administrator of the National Aeronautics 
        and Space Administration.
          * * * * * * *
          Administrator, [Office of Juvenile Justice and 
        Delinquency Prevention] Office of Juvenile Crime 
        Control and Delinquency Prevention.
          * * * * * * *
                              ----------                              


              SECTION 4351 OF TITLE 18, UNITED STATES CODE

Sec. 4351. Establishment; Advisory Board; appointment of members; 
                    compensation; officers; committees; delegation of 
                    powers; Director, appointment and powers

  (a) * * *
  (b) The overall policy and operations of the National 
Institute of Corrections shall be under the supervision of an 
Advisory Board. The Board shall consist of sixteen members. The 
following six individuals shall serve as members of the 
Commission ex officio: the Director of the Federal Bureau of 
Prisons or his designee, the Director of the Bureau of Justice 
Assistance or his designee, Chairman of the United States 
Sentencing Commission or his designee, the Director of the 
Federal Judicial Center or his designee, the Associate 
Administrator for the [Office of Juvenile Justice and 
Delinquency Prevention] Office of Juvenile Crime Control and 
Delinquency Prevention or his designee, and the Assistant 
Secretary for Human Development of the Department of Health, 
Education, and Welfare or his designee.
          * * * * * * *
                              ----------                              


              SECTION 3220 OF TITLE 39, UNITED STATES CODE

Sec. 3220. Use of official mail in the location and recovery of missing 
                    children

  (a)(1) The [Office of Juvenile Justice and Delinquency 
Prevention] Office of Juvenile Crime Control and Delinquency 
Prevention, after consultation with appropriate public and 
private agencies, shall prescribe general guidelines under 
which penalty mail may be used to assist in the location and 
recovery of missing children. The guidelines shall provide 
information relating to--
          (A) * * *
          * * * * * * *
  (c) As used in this section, ``[Office of Juvenile Justice 
and Delinquency Prevention] Office of Juvenile Crime Control 
and Delinquency Prevention'' and ``Office'' each means the 
[Office of Juvenile Justice and Delinquency Prevention] Office 
of Juvenile Crime Control and Delinquency Prevention within the 
Department of Justice, as established by section 201 of the 
Juvenile Justice and Delinquency Prevention Act of 1974.
                              ----------                              


                 SECTION 463 OF THE SOCIAL SECURITY ACT

     use of federal parent locator service in connection with the 
enforcement or determination of child custody and in cases of parental 
                          kidnaping of a child

  Sec. 463. (a) * * *
          * * * * * * *
  (f) The Secretary shall enter into an agreement with the 
Attorney General of the United States, under which the services 
of the Parent Locator Service established under section 453 
shall be made available to the [Office of Juvenile Justice and 
Delinquency Prevention] Office of Juvenile Crime Control and 
Delinquency Prevention upon its request to locate any parent or 
child on behalf of such Office for the purpose of--
          (1) enforcing any State or Federal law with respect 
        to the unlawful taking or restraint of a child, or
          (2) making or enforcing a child custody 
        determination.
The Parent Locator Service shall charge no fees for services 
requested pursuant to this subsection.
                              ----------                              01



           OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 1968

                  TITLE I--JUSTICE SYSTEM IMPROVEMENT

          * * * * * * *

                   Part H--Administrative Provisions

          consultation; establishment of rules and regulations

  Sec. 801. (a) The Office of Justice Programs, the Bureau of 
Justice Assistance, the [Office of Juvenile Justice and 
Delinquency Prevention] Office of Juvenile Crime Control and 
Delinquency Prevention, the Bureau of Justice Statistics, and 
the National Institute of Justice are authorized, after 
appropriate consultation with representatives of States and 
units of local government, to establish such rules, 
regulations, and procedures as are necessary to the exercise of 
their functions, and as are consistent with the stated purposes 
of this title.
          * * * * * * *

                         appellate court review

  Sec. 804. (a) If any applicant or recipient is dissatisfied 
with a final action with respect to section 802, 803, or 
809(c)(2)(G) of this part, such applicant or recipient may, 
within sixty days after notice of such action, file with the 
United States court of appeals for the circuit in which such 
applicant or recipient is located, or in the United States 
Court of Appeals for the District of Columbia, a petition for 
review of the action. A copy of the petition shall forthwith be 
transmitted by the petitioner to the Office of Justice 
Programs, Bureau of Justice Assistance, the Bureau of Justice 
Statistics, the [Office of Juvenile Justice and Delinquency 
Prevention] Office of Juvenile Crime Control and Delinquency 
Prevention, or the National Institute of Justice, as 
appropriate, and the Attorney General of the United States, who 
shall represent the Federal Government in the litigation. The 
Office of Justice Programs, Bureau of Justice Assistance, the 
Bureau of Justice Statistics, the [Office of Juvenile Justice 
and Delinquency Prevention] Office of Juvenile Crime Control 
and Delinquency Prevention, or the National Institute of 
Justice, as appropriate, shall thereupon file in the court the 
record of the proceeding on which the action was based, as 
provided in section 2112 of title 28, United States Code. No 
objection to the action shall be considered by the court unless 
such objection has been urged before the Office of Justice 
Programs, Bureau of Justice Assistance, the Bureau of Justice 
Statistics, the [Office of Juvenile Justice and Delinquency 
Prevention] Office of Juvenile Crime Control and Delinquency 
Prevention, or the National Institute of Justice, as 
appropriate.
  (b) The court shall have jurisdiction to affirm or modify a 
final action or to set it aside in whole or in part. The 
findings of fact by the Office of Justice Programs, Bureau of 
Justice Assistance, the Bureau of Justice Statistics, the 
[Office of Juvenile Justice and Delinquency Prevention] Office 
of Juvenile Crime Control and Delinquency Prevention, or the 
National Institute of Justice, if supported by substantial 
evidence on the record considered as a whole, shall be 
conclusive, but the court, for good cause shown, may remand the 
case to the Office of Justice Programs, Bureau of Justice 
Assistance, the National Institute of Justice, the [Office of 
Juvenile Justice and Delinquency Prevention] Office of Juvenile 
Crime Control and Delinquency Prevention, or the Bureau of 
Justice Statistics, to take additional evidence to be made part 
of the record. The Office of Justice Programs, Bureau of 
Justice Assistance, the Bureau of Justice Statistics, the 
[Office of Juvenile Justice and Delinquency Prevention] Office 
of Juvenile Crime Control and Delinquency Prevention, or the 
National Institute of Justice, may thereupon make new or 
modified findings of fact by reason of the new evidence so 
taken and filed with the court and shall file such modified or 
new findings along with any recommendations such entity may 
have for the modification or setting aside of such entity's 
original action. All new or modified findings shall be 
conclusive with respect to questions of fact if supported by 
substantial evidence when the record as a whole is considered.
  (c) Upon the filing of such petition, the court shall have 
jurisdiction to affirm the action of the Office of Justice 
Programs, Bureau of Justice Assistance, the Bureau of Justice 
Statistics, the [Office of Juvenile Justice and Delinquency 
Prevention] Office of Juvenile Crime Control and Delinquency 
Prevention, or the National Institute of Justice, or to set it 
aside, in whole or in part. The judgment of the court shall be 
subject to review by the Supreme Court of the United States 
upon writ of certiorari or certifications as provided in 
section 1254 of title 28, United States Code.

                        delegation of functions

  Sec. 805. The Attorney General, the Assistant Attorney 
General, the Director of the National Institute of Justice, the 
Director of the Bureau of Justice Statistics, the Administrator 
of the [Office of Juvenile Justice and Delinquency Prevention] 
Office of Juvenile Crime Control and Delinquency Prevention, 
and the Director of the Bureau of Justice Assistance may 
delegate to any of their respective officers or employees such 
functions under this title as they deem appropriate.
          * * * * * * *

            administration of juvenile delinquency programs

  Sec. 813. The Director of the National Institute of Justice 
and the Director of the Bureau of Justice Statistics shall work 
closely with the Administrator of the [Office of Juvenile 
Justice and Delinquency Prevention] Office of Juvenile Crime 
Control and Delinquency Prevention in developing and 
implementing programs in the juvenile justice and delinquency 
prevention field.
          * * * * * * *
                              ----------                              


                   VICTIMS OF CHILD ABUSE ACT OF 1990

          * * * * * * *

SEC. 214. LOCAL CHILDREN'S ADVOCACY CENTERS.

  (a) * * *
  (b) Grant Criteria.--(1) The Director shall establish the 
criteria to be used in evaluating applications for grants under 
this section consistent with sections [262, 293, and 296 of 
subpart II of title II] 299B and 299E of the Juvenile Justice 
and Delinquency Prevention Act of 1974 (42 U.S.C. 5665 et 
seq.).
          * * * * * * *

SEC. 217. STRENGTHENING OF THE COURT-APPOINTED SPECIAL ADVOCATE 
                    PROGRAM.

  (a) In General.--The Administrator of the [Office of Juvenile 
Justice and Delinquency Prevention] Office of Juvenile Crime 
Control and Delinquency Prevention shall make grants to expand 
the court-appointed special advocate program.
          * * * * * * *

SEC. 222. GRANTS FOR JUVENILE AND FAMILY COURT PERSONNEL.

  In order to improve the judicial system's handling of child 
abuse and neglect cases, the Administrator of the [Office of 
Juvenile Justice and Delinquency Prevention] Office of Juvenile 
Crime Control and Delinquency Prevention shall make grants for 
the purpose of providing--
          (1)  * * *
          * * * * * * *

SEC. 223. SPECIALIZED TECHNICAL ASSISTANCE AND TRAINING PROGRAMS.

  (a) * * *
          * * * * * * *
  (c) Grant Criteria.--The Administrator shall make grants 
under subsections (a) and (b) consistent with [section 262, 
293, and 296] sections 262, 299B, and 299E of title II of the 
Juvenile Justice and Delinquency Prevention Act of 1974 (42 
U.S.C. 5665 et seq.).
          * * * * * * *
                              ----------                              


                     RUNAWAY AND HOMELESS YOUTH ACT

          * * * * * * *

                                findings

    Sec. 302. The Congress hereby finds that--
          (1) * * *
          * * * * * * *
          (5) in view of the interstate nature of the problem, 
        it is the responsibility of the Federal Government to 
        develop [accurate reporting of the problem nationally] 
        an accurate national reporting system to report the 
        problem, and to develop an effective system of care 
        (including preventive services, emergency shelter 
        services, and extended residential shelter) outside the 
        welfare system and the law enforcement system;
          * * * * * * *
          [(8) in view of the interstate nature of the problem, 
        it is the responsibility of the Federal Government to 
        develop an accurate national reporting system and to 
        develop an effective system of care including 
        prevention, emergency shelter services, and longer 
        residential care outside the public welfare and law 
        enforcement structures;]
          (8) services for runaway and homeless youth are 
        needed in urban, suburban and rural areas;
          * * * * * * *

            Part A--Runaway and Homeless Youth Grant Program

                        Authority to Make Grants

  Sec. 311. [(a) The Secretary shall make grants to public and 
private entities (and combinations of such entities) to 
establish and operate (including renovation) local runaway and 
homeless youth centers to provide services to deal primarily 
with the immediate needs of runaway or otherwise homeless 
youth, and their families, in a manner which is outside the law 
enforcement system, the child welfare system, the mental health 
system, and the juvenile justice system.]
  (a)(1) The Secretary shall make grants to public and 
nonprofit private entities (and combinations of such entities) 
to establish and operate (including renovation) local centers 
to provide services for runaway and homeless youth and for the 
families of such youth.
  (2) Such services--
          (A) shall be provided as an alternative to involving 
        runaway and homeless youth in the law enforcement, 
        child welfare, mental health, and juvenile justice 
        systems;
          (B) shall include--
                  (i) safe and appropriate shelter; and
                  (ii) individual, family, and group 
                counseling, as appropriate; and
          (C) may include--
                  (i) street-based services;
                  (ii) home-based services for families with 
                youth at risk of separation from the family; 
                and
                  (iii) drug abuse education and prevention 
                services.
  (b)(1) * * *
  (2) Subject to paragraph (3), the amount allotted under 
paragraph (1) with respect to each State for a fiscal year 
shall be not less than $100,000, except that the amount 
allotted 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 $45,000 each.
          * * * * * * *
  [(4) In selecting among applicants for grants under 
subsection (a), the Secretary shall give priority to private 
entities that have experience in providing the services 
described in such subsection.
  [(c)(1) If for a fiscal year the amount appropriated under 
section 385(a)(1) exceeds $50,000,000, the Secretary may make 
grants under this subsection for that fiscal year to entities 
that receive grants under subsection (a) to establish and 
operate street-based service projects for runaway and homeless 
youth.
  [(2) For purposes of this part, the term ``street-based 
services'' includes--
          [(i) street-based crisis intervention and counseling;
          [(ii) information and referral for housing;
          [(iii) information and referral for transitional 
        living and health care services; and
          [(iv) advocacy, education, and prevention services 
        for--
                  [(I) alcohol and drug abuse;
                  [(II) sexually transmitted diseases including 
                HIV/AIDS infection; and
                  [(III) physical and sexual assault.
  [(d)(1) If for a fiscal year the amount appropriated under 
section 385(a)(1) exceeds $50,000,000, the Secretary may make 
grants for that fiscal year to entities that receive grants 
under subsection (a) to establish and operate home-based 
service projects for families that are separated, or at risk of 
separation, as a result of the physical absence of a runaway 
youth or youth at risk of family separation.
  [(2) For purposes of this part--
          [(A) the term ``home-based service project'' means a 
        project that provides--
                  [(i) case management; and
                  [(ii) in the family residence (to the maximum 
                extent practicable)--
                          [(I) intensive, time-limited, family 
                        and individual counseling;
                          [(II) training relating to life 
                        skills and parenting; and
                          [(III) other services;
        designed to prevent youth from running away from their 
        families or to cause runaway youth to return to their 
        families;
          [(B) the term ``youth at risk of family separation'' 
        means an individual--
                  [(i) who is less than 18 years of age; and
                  [(ii)(I) who has a history of running away 
                from the family of such individual;
                  [(II) whose parent, guardian, or custodian is 
                not willing to provide for the basic needs of 
                such individual; or
                  [(III) who is at risk of entering the child 
                welfare system or juvenile justice system, as a 
                result of the lack of services available to the 
                family to meet such needs; and
          [(C) the term ``time-limited'' means for a period not 
        to exceed 6 months.]

                              eligibility

    Sec. 312. (a) * * *
    (b) In order to qualify for assistance under section 
311(a), an applicant shall submit a plan to the Secretary 
including assurances that the applicant--
          (1) * * *
          * * * * * * *
          (8) shall submit annual reports to the Secretary 
        detailing how the center has been able to meet the 
        goals of its plans and reporting the statistical 
        summaries required by [paragraph (6)] paragraph (7);
          * * * * * * *
          (10) shall submit a budget estimate with respect to 
        the plan submitted by such center under this 
        subsection; [and]
          (11) shall supply such other information as the 
        Secretary reasonably deems necessary[.]; and
          (12) shall submit to the Secretary an annual report 
        that includes--
                  (A) information regarding the activities 
                carried out under this part;
                  (B) the achievements of the project under 
                this part carried out by the applicant; and
                  (C) statistical summaries describing the 
                number and the characteristics of the runaway 
                and homeless youth, and youth at risk of family 
                separation, who participate in the project;
        in the year for which the report is submitted.
  [(c) To be eligible for assistance under section 311(c), an 
applicant shall propose to establish, strengthen, or fund a 
street-based service project for runaway and homeless youth and 
shall submit to the Secretary a plan in which the applicant 
agrees, as part of the project--
          [(1) to provide qualified supervision of staff, 
        including on-street supervision by appropriately 
        trained staff;
          [(2) to provide backup personnel for on-street staff;
          [(3) to provide informational and health educational 
        material to runaway and homeless youth in need of 
        services;
          [(4) to provide initial and periodic training of 
        staff who provide services under the project;
          [(5) to carry out outreach activities for runaway and 
        homeless youth and to collect statistical information 
        on runaway and homeless youth contacted through such 
        activities;
          [(6) to develop referral relationships with agencies 
        and organizations that provide services or assistance 
        to runaway and homeless youth, including law 
        enforcement, education, social services, vocational 
        education and training, public welfare, legal 
        assistance, mental health and health care;
          [(7) to submit to the Secretary an annual report that 
        includes information regarding the activities carried 
        out with funds received under section 311(c), the 
        achievements of the project under section 311(c) 
        carried out by the applicant, and statistical summaries 
        describing the number and the characteristics of the 
        runaway and homeless youth who participate in such 
        project in the year for which the report is submitted;
          [(8) to implement such accounting procedures and 
        fiscal control devices as the Secretary may require;
          [(9) to submit to the Secretary an annual budget that 
        estimates the itemized costs to be incurred in the year 
        for which the applicant requests a grant under 
        subsection 311(c);
          [(10) to keep adequate statistical records that 
        profile runaway and homeless youth whom it serves and 
        not to disclose the identity of such youth in reports 
        or other documents based on such statistical records;
          [(11) not to disclose records maintained on an 
        individual runaway and homeless youth without the 
        informed consent of the youth, to any person other than 
        an agency compiling statistical records; and
          [(12) to provide to the Secretary such other 
        information as the Secretary may reasonably require.
  [(d) To be eligible for assistance under section 311(d), an 
applicant shall propose to establish, strengthen, or fund a 
home-based service project for runaway youth or youth at risk 
of family separation and shall submit to the Secretary a plan 
in which the applicant agrees, as part of the project--
          [(1) to provide counseling and information services 
        needed by runaway youth, youth at risk of family 
        separation, and the family (including unrelated 
        individuals in the family household) of such youth, 
        including services relating to basic life skills, 
        interpersonal skill building, educational advancement, 
        job attainment skills, mental and physical health care, 
        parent training, financial planning, and referral to 
        sources of other needed services;
          [(2) to provide directly, or through an arrangement 
        made by the applicant, 24-hour service to respond to 
        family crises (including immediate access to temporary 
        shelter for runaway youth and youth at risk of family 
        separation affected by family crises);
          [(3) to establish in partnership with the families of 
        runaway youth and youth at risk of family separation, 
        objectives and measures of success to be achieved as a 
        result of participating in such project;
          [(4) to provide informational and health educational 
        material to runaway youth and youth at risk of family 
        separation in need of services;
          [(5) to provide initial and periodic training of 
        staff who provide services under the project;
          [(6) to carry out outreach activities for runaway 
        youth and youth at risk of family separation, and to 
        collect statistical information on runaway youth and 
        youth at risk of family separation contacted through 
        such activities;
          [(7) to ensure that--
                  [(i) caseloads will remain sufficiently low 
                to allow for intensive (5 to 20 hours per week) 
                involvement with each family participating in 
                such project; and
                  [(ii) qualified supervision will be provided 
                to staff who provide services under the 
                project;
          [(8) to submit to the Secretary an annual report that 
        includes information regarding the activities carried 
        out with funds under section 311(d), the achievements 
        of the project under this part carried out by the 
        applicant and statistical summaries describing the 
        number and the characteristics of the runaway youth and 
        youth at risk of family separation who participate in 
        such project in the year for which the report is 
        submitted;
          [(9) to implement such accounting procedures and 
        fiscal control devices as the Secretary may require;
          [(10) to submit to the Secretary an annual budget 
        that estimates the itemized costs to be incurred in the 
        year for which the applicant requests a grant under 
        section 311(d);
          [(11) to keep adequate statistical records that 
        profile runaway youth and youth at risk of family 
        separation whom it serves and not to disclose the 
        identity of such youth in reports or other documents 
        based on such statistical records;
          [(12) not to disclose records maintained on an 
        individual runaway youth or youth at risk of family 
        separation without the informed consent of the youth, 
        to any person other than an agency compiling 
        statistical records; and
          [(13) to provide to the Secretary such other 
        information as the Secretary may reasonably require.]
  (c) To be eligible to use assistance under section 
311(a)(2)(C)(i) to provide street-based services, the applicant 
shall include in the plan required by subsection (b) assurances 
that in providing such services the applicant will--
          (1) provide qualified supervision of staff, including 
        on-street supervision by appropriately trained staff;
          (2) provide backup personnel for on-street staff;
          (3) provide initial and periodic training of staff 
        who provide such services; and
          (4) conduct outreach activities for runaway and 
        homeless youth, and street youth.
  (d) To be eligible to use assistance under section 311(a) to 
provide home-based services described in section 
311(a)(2)(C)(ii), an applicant shall include in the plan 
required by subsection (b) assurances that in providing such 
services the applicant will--
          (1) provide counseling and information to youth and 
        the families (including unrelated individuals in the 
        family households) of such youth, including services 
        relating to basic life skills, interpersonal skill 
        building, educational advancement, job attainment 
        skills, mental and physical health care, parenting 
        skills, financial planning, and referral to sources of 
        other needed services;
          (2) provide directly, or through an arrangement made 
        by the applicant, 24-hour service to respond to family 
        crises (including immediate access to temporary shelter 
        for runaway and homeless youth, and youth at risk of 
        separation from the family);
          (3) establish, in partnership with the families of 
        runaway and homeless youth, and youth at risk of 
        separation from the family, objectives and measures of 
        success to be achieved as a result of receiving home-
        based services;
          (4) provide initial and periodic training of staff 
        who provide home-based services; and
          (5) ensure that--
                  (A) caseloads will remain sufficiently low to 
                allow for intensive (5 to 20 hours per week) 
                involvement with each family receiving such 
                services; and
                  (B) staff providing such services will 
                receive qualified supervision.
  (e) To be eligible to use assistance under section 
311(a)(2)(C)(iii) to provide drug abuse education and 
prevention services, an applicant shall include in the plan 
required by subsection (b)--
          (1) a description of--
                  (A) the types of such services that the 
                applicant proposes to provide;
                  (B) the objectives of such services; and
                  (C) the types of information and training to 
                be provided to individuals providing such 
                services to runaway and homeless youth; and
          (2) an assurance that in providing such services the 
        applicant shall conduct outreach activities for runaway 
        and homeless youth.

                         approval by secretary

    [Sec. 313. An application by a State, locality, or private 
entity for a grant under section 311 (a), (c), or (d) may be 
approved by the Secretary only if it is consistent with the 
applicable provisions of section 311 (a), (c), or (d) and meets 
the requirements set forth in section 312. Priority shall be 
given to grants smaller than $200,000. In considering grant 
applications under section 311(a), priority shall be given to 
organizations which have a demonstrated experience in the 
provision of service to runaway and homeless youth and their 
families.]


                        approval of applications


  Sec. 313. (a) An application by a public or private entity 
for a grant under section 311(a) may be approved by the 
Secretary after taking into consideration, with respect to the 
State in which such entity proposes to provide services under 
this part--
          (1) the geographical distribution in such State of 
        the proposed services under this part for which all 
        grant applicants request approval; and
          (2) which areas of such State have the greatest need 
        for such services.
  (b) The Secretary shall, in considering applications for 
grants under section 311(a), give priority to--
          (A) eligible applicants who have a demonstrated 
        experience in providing services to runaway and 
        homeless youth; and
          (B) eligible applicants that request grants of less 
        than $200,000.
          * * * * * * *

               Part B--Transitional Living Grant Program

                  [purpose and] authority for program

    Sec. 321. [(a)] The Secretary is authorized to make grants 
and to provide technical assistance to public and nonprofit 
private entities to establish and operate transitional living 
youth projects for homeless youth.
    [(b) For purposes of this part--
          [(1) the term ``homeless youth'' means any 
        individual--
                  [(A) who is not less than 16 years of age and 
                not more than 21 years of age;
                  [(B) for whom it is not possible to live in a 
                safe environment with a relative; and
                  [(C) who has no other safe alternative living 
                arrangement; and
          [(2) the term ``transitional living youth project'' 
        means a project that provides shelter and services 
        designated to promote a transition to self-sufficient 
        living and to prevent long-term dependency on social 
        services.]
          * * * * * * *

                 Part C--National Communications System

                        authority to make grants

  Sec. 331. [With funds reserved under section 385(a)(3), the 
Secretary] The Secretary shall make grants for a national 
communication system to assist runaway and homeless youth in 
communicating with their families and with service providers. 
The Secretary shall give priority to grant applicants that have 
experience in providing telephone services to runaway and 
homeless youth.

     Part D--Coordinating, Training, Research, and Other Activities

                              coordination

          * * * * * * *

 authority to make grants for research, evaluation, demonstration, and 
                            service projects

  Sec. 343. (a) The Secretary may make grants to States, 
localities, and private entities (and combinations of such 
entities) to carry out research, evaluation, demonstration, and 
service projects designed to increase knowledge concerning, and 
to improve services for, runaway youth and homeless youth.
  (b) In selecting among applications for grants under 
subsection (a), the Secretary shall give special consideration 
to proposed projects relating to--
          (1) * * *
          * * * * * * *
          [(2) home-based and street-based services for, and 
        outreach to, runaway youth and homeless youth;]
          [(3)] (2) transportation of runaway youth and 
        homeless youth in connection with services authorized 
        to be provided under this title;
          [(4)] (3) the special needs of runaway youth and 
        homeless youth programs in rural areas;
          [(5)] (4) the special needs of programs that place 
        runaway youth and homeless youth in host family homes;
          [(6)] (5)  * * *
          * * * * * * *
          [(7)] (6) innovative methods of developing resources 
        that enhance the establishment or operation of runaway 
        and homeless youth centers;
          [(8)] (7) training for runaway youth and homeless 
        youth, and staff training, related to preventing and 
        obtaining treatment for infection by the human 
        immunodeficiency virus (HIV);
          [(9)] (8) increasing access to health care (including 
        mental health care) for runaway youth and homeless 
        youth; and
          [(10)] (9) increasing access to education for runaway 
        youth and homeless youth.
          * * * * * * *

[temporary demonstration projects to provide services to youth in rural 
                                 areas

  [Sec. 344. (a)(1) With funds appropriated under section 
385(c), the Secretary may make grants on a competitive basis to 
States, localities, and private entities (and combinations of 
such entities) to provide services (including transportation) 
authorized to be provided under part A, to runaway and homeless 
youth in rural areas.
  [(2)(A) Each grant made under paragraph (1) may not exceed 
$100,000.
  [(B) In each fiscal year for which funds are appropriated to 
carry out this section, grants shall be made under paragraph 
(1) to eligible applicants to carry out projects in not fewer 
than 10 States.
  [(C) Not more than 2 grants may be made under paragraph (1) 
in each fiscal year to carry out projects in a particular 
State.
  [(3) Each eligible applicant that receives a grant for a 
fiscal year to carry out a project under this section shall 
have priority to receive a grant for the subsequent fiscal year 
to carry out a project under this section.
  [(b) To be eligible to receive a grant under subsection (a), 
an applicant shall--
          [(1) submit to the Secretary an application in such 
        form and containing such information and assurances as 
        the Secretary may require by rule; and
          [(2) propose to carry out such project in a 
        geographical area that--
                  [(A) has a population under 20,000;
                  [(B) is located outside a Standard 
                Metropolitan Statistical Area; and
                  [(C) agree to provide to the Secretary an 
                annual report identifying--
                          [(i) the number of runaway and 
                        homeless youth who receive services 
                        under the project carried out by the 
                        applicant;
                          [(ii) the types of services 
                        authorized under part A that were 
                        needed by, but not provided to, such 
                        youth in the geographical area served 
                        by the project;
                          [(iii) the reasons the services 
                        identified under clause (ii) were not 
                        provided by the project; and
                          [(iv) such other information as the 
                        Secretary may require.]
          * * * * * * *

                 Part E--Sexual Abuse Prevention Program


                        authority to make grants


  Sec. 351. (a) The Secretary may make grants to nonprofit 
private agencies for the purpose of providing street-based 
services to runaway and homeless, and street youth, who have 
been subjected to, or are at risk of being subjected to, sexual 
abuse.
  (b) In selecting applicants to receive grants under 
subsection (a), the Secretary shall give priority to nonprofit 
private agencies that have experience in providing services to 
runaway and homeless, and street youth.

                     Part [E] F--General Provisions

                    assistance to potential grantees

    Sec. [371.] 381. The Secretary shall provide informational 
assistance to potential grantees interested in establishing 
runaway and homeless youth centers and transitional living 
youth projects. [Such assistance shall consist of information 
on--
          [(1) steps necessary to establish a runaway and 
        homeless youth center or transitional living youth 
        project, including information on securing space for 
        such center or such project, obtaining insurance, 
        staffing, and establishing operating procedures;
          [(2) securing local private or public financial 
        support for the operation of such center or such 
        project, including information on procedures utilized 
        by grantees under this title; and
          [(3) the need for the establishment of additional 
        runaway and homeless youth centers in the geographical 
        area identified by the potential grantee involved.]

  lease of surplus federal facilities for use as runaway and homeless 
    youth centers or as transitional living youth shelter facilities

    Sec. [372.] 382. (a) The Secretary may enter into 
cooperative lease arrangements with States, localities, and 
nonprofit private agencies to provide for the use of 
appropriate surplus Federal facilities transferred by the 
General Services Administration to the Department of Health and 
Human Services for use as runaway and homeless youth centers or 
as transitional living youth shelter facilities if the 
Secretary determines that--
          (1) the applicant involved has suitable financial 
        support necessary to operate a runaway and homeless 
        youth center or transitional living youth project, as 
        the case may be, under this title;
          (2) the applicant is able to demonstrate the program 
        expertise required to operate such center in compliance 
        with this title, whether or not the applicant is 
        receiving a grant under this part; and
          (3) the applicant has consulted with and obtained the 
        approval of the chief executive officer of the unit of 
        general local government in which the facility is 
        located.
    (b)(1) Each facility made available under this section 
shall be made available for a period of not less than 2 years, 
and no rent or fee shall be charged to the applicant in 
connection with use of such facility.
    (2) Any structural modifications or additions to facilities 
made available under this section shall become the property of 
the United States. All such modifications or additions may be 
made only after receiving the prior written consent of the 
Secretary or other appropriate officer of the Department of 
Health and Human Services.
          * * * * * * *

                   [Part F--Administrative Provisions

  [Sec. 381. (a) Not later than 180 days after the end of each 
fiscal year, the Secretary shall submit a report to the 
Committee on Education and Labor of the House of 
Representatives and the Committee on the Judiciary of the 
Senate on the status and accomplishments of the runaway and 
homeless youth centers which are funded under part A, with 
particular attention to--
          [(1) their effectiveness in alleviating the problems 
        of runaway and homeless youth;
          [(2) their ability to reunite children with their 
        families and to encourage the resolution of intrafamily 
        problems through counseling and other services;
          [(3) their effectiveness in strengthening family 
        relationships and encouraging stable living conditions 
        for children; and
          [(4) their effectiveness in helping youth decide upon 
        a future course of action.
  [(b) Not later than 180 days after the end of each fiscal 
year, the Secretary shall submit a report to the Committee on 
Education and Labor of the House of Representatives and the 
Committee on the Judiciary of the Senate on the status and 
accomplishments of the transitional living youth projects which 
are funded under part B, with particular attention to--
          [(1) the number and characteristics of homeless youth 
        served by such projects;
          [(2) describing the types of activities carried out 
        under such projects;
          [(3) the effectiveness of such projects in 
        alleviating the immediate problems of homeless youth;
          [(4) the effectiveness of such projects in preparing 
        homeless youth for self sufficiency;
          [(5) the effectiveness of such projects in helping 
        youth decide upon future education, employment, and 
        independent living; and
          [(6) the ability of such projects to strengthen 
        family relationships, and encourage the resolution of 
        intra-family problems through counseling and the 
        development of self-sufficient living skills.]


                                reports


  Sec. 383. (a) Not later than April 1, 1998, and at 2-year 
intervals thereafter, the Secretary shall submit, to the 
Committee on Economic and Educational Opportunities of the 
House of Representatives and the Committee on the Judiciary of 
the Senate, a report on the status, activities, and 
accomplishments of entities that receive grants under parts A, 
B, C, D, and E, with particular attention to--
          (1) in the case of centers funded under part A, the 
        ability or effectiveness of such centers in--
                  (A) alleviating the problems of runaway and 
                homeless youth;
                  (B) if applicable or appropriate, reuniting 
                such youth with their families and encouraging 
                the resolution of intrafamily problems through 
                counseling and other services;
                  (C) strengthening family relationships and 
                encouraging stable living conditions for such 
                youth; and
                  (D) assisting such youth to decide upon a 
                future course of action; and
          (2) in the case of projects funded under part B--
                  (A) the number and characteristics of 
                homeless youth served by such projects;
                  (B) the types of activities carried out by 
                such projects;
                  (C) the effectiveness of such projects in 
                alleviating the problems of homeless youth;
                  (D) the effectiveness of such projects in 
                preparing homeless youth for self-sufficiency;
                  (E) the effectiveness of such projects in 
                assisting homeless youth to decide upon future 
                education, employment, and independent living;
                  (F) the ability of such projects to encourage 
                the resolution of intrafamily problems through 
                counseling and the development of self-
                sufficient living skills; and
                  (G) activities and programs planned by such 
                projects for the following fiscal year.
  (b) The Secretary shall include in the report required by 
subsection (a) summaries of--
          (1) the evaluations performed by the Secretary under 
        section 386; and
          (2) descriptions of the qualifications of, and 
        training provided to, individuals involved in carrying 
        out such evaluations.

                             federal share

    Sec. [382.] 384. (a) The Federal share for the renovation 
of existing structures, the provision of counseling services, 
staff training, and the general costs of operations of such 
facility's budget for any fiscal year shall be 90 per centum. 
The non-Federal share may be in cash or in kind, fairly 
evaluated by the Secretary including plant, equipment, or 
services.
    (b) Payments under this section may be made in 
installments, in advance, or by way of reimbursement, with 
necessary adjustments on account of overpayments or 
underpayments.

                                records

    Sec. [383.] 385. Records containing the identity of 
individual youth pursuant to this Act may under no 
circumstances be disclosed or transferred to any individual or 
to any public or private agency.
          * * * * * * *

                       [annual program priorities

    [Sec. 384. (a) The Secretary shall develop for each fiscal 
year, and publish annually in the Federal Register for public 
comment a proposed plan specifying the subject priorities the 
Secretary will follow in making grants under this title for 
such fiscal year.
    [(b) Taking into consideration comments received in the 45-
day period beginning on the date the proposed plan is 
published, the Secretary shall develop and publish, before 
December 31 of such fiscal year, a final plan specifying the 
priorities referred to in subsection (a).]


                       evaluation and information


  Sec. 386. (a) If a grantee receives grants for 3 consecutive 
fiscal years under part A, B, C, D, or E (in the alternative), 
then the Secretary shall evaluate such grantee on-site, not 
less frequently than once in the period of such 3 consecutive 
fiscal years, for purposes of--
          (1) determining whether such grants are being used 
        for the purposes for which such grants are made by the 
        Secretary;
          (2) collecting additional information for the report 
        required by section 383; and
          (3) providing such information and assistance to such 
        grantee as will enable such grantees to improve the 
        operation of the centers, projects, and activities for 
        which such grants are made.
  (b) Recipients of grants under this title shall cooperate 
with the Secretary's efforts to carry out evaluations, and to 
collect information, under this title.


                  consolidated review of applications


  Sec. 387. With respect to funds available to carry out parts 
A, B, C, D, and E, nothing in this title shall be construed to 
prohibit the Secretary from--
          (1) announcing, in a single announcement, the 
        availability of funds for grants under 2 or more of 
        such parts; and
          (2) reviewing applications for grants under 2 or more 
        of such parts in a single, consolidated application 
        review process.


                              definitions


  Sec. 388. For the purposes of this title:
          (1) The term ``drug abuse education and prevention 
        services''--
                  (A) means services to runaway and homeless 
                youth to prevent or reduce the illicit use of 
                drugs by such youth; and
                  (B) may include--
                          (i) individual, family, group, and 
                        peer counseling;
                          (ii) drop-in services;
                          (iii) assistance to runaway and 
                        homeless youth in rural areas 
                        (including the development of community 
                        support groups);
                          (iv) information and training 
                        relating to the illicit use of drugs by 
                        runaway and homeless youth, to 
                        individuals involved in providing 
                        services to such youth; and
                          (v) activities to improve the 
                        availability of local drug abuse 
                        prevention services to runaway and 
                        homeless youth.
          (2) The term ``home-based services''--
                  (A) means services provided to youth and 
                their families for the purpose of--
                          (i) preventing such youth from 
                        running away, or otherwise becoming 
                        separated, from their families; and
                          (ii) assisting runaway youth to 
                        return to their families; and
                  (B) includes services that are provided in 
                the residences of families (to the extent 
                practicable), including--
                          (i) intensive individual and family 
                        counseling; and
                          (ii) training relating to life skills 
                        and parenting.
          (3) The term ``homeless youth'' means an individual--
                  (A) who is--
                          (i) not more than 21 years of age; 
                        and
                          (ii) for the purposes of part B, not 
                        less than 16 years of age;
                  (B) for whom it is not possible to live in a 
                safe environment with a relative; and
                  (C) who has no other safe alternative living 
                arrangement.
          (4) The term ``street-based services''--
                  (A) means services provided to runaway and 
                homeless youth, and street youth, in areas 
                where they congregate, designed to assist such 
                youth in making healthy personal choices 
                regarding where they live and how they behave; 
                and
                  (B) may include--
                          (i) identification of and outreach to 
                        runaway and homeless youth, and street 
                        youth;
                          (ii) crisis intervention and 
                        counseling;
                          (iii) information and referral for 
                        housing;
                          (iv) information and referral for 
                        transitional living and health care 
                        services;
                          (v) advocacy, education, and 
                        prevention services related to--
                                  (I) alcohol and drug abuse;
                                  (II) sexually transmitted 
                                diseases, including the human 
                                immunodeficiency virus (HIV); 
                                and
                                  (III) physical and sexual 
                                assault.
          (5) The term ``street youth'' means an individual 
        who--
                  (A) is--
                          (i) a runaway youth; or
                          (ii) indefinitely or intermittently a 
                        homeless youth; and
                  (B) spends a significant amount of time on 
                the street or in other areas which increase the 
                exposure of such youth to sexual abuse.
          (6) The term ``transitional living youth project'' 
        means a project that provides shelter and services 
        designed to promote a transition to self-sufficient 
        living and to prevent long-term dependency on social 
        services.
          (7) The term ``youth at risk of separation from the 
        family'' means an individual--
                  (A) who is less than 18 years of age; and
                  (B)(i) who has a history of running away from 
                the family of such individual;
                  (ii) whose parent, guardian, or custodian is 
                not willing to provide for the basic needs of 
                such individual; or
                  (iii) who is at risk of entering the child 
                welfare system or juvenile justice system as a 
                result of the lack of services available to the 
                family to meet such needs.

                    authorization of appropriations

    [Sec. 385. (a)(1) To carry out the purposes of part A of 
this title there are authorized to be appropriated such sums as 
may be necessary for fiscal years 1989, 1990, 1991, and 1992.
    [(2) Not less than 90 percent of the funds appropriated 
under paragraph (1) for a fiscal year shall be available to 
carry out section 311(a) in such fiscal year.
  [(b)(1) Subject to paragraph (2), to carry out the purposes 
of part B of this title, there are authorized to be 
appropriated $5,000,000 for fiscal year 1989 and such sums as 
may be necessary for each of the fiscal years 1990, 1991, and 
1992.
    [(2) No funds may be appropriated to carry out part B of 
this title for a fiscal year unless the aggregate amount 
appropriated for such fiscal year to carry out part A of this 
title exceeds $26,900,000.
    [(c) The Secretary (through the Office of Youth Development 
which shall administer this title) shall consult with the 
Attorney General (through the Administrator of the Office of 
Juvenile Justice and Delinquency Prevention) for the purpose of 
coodinating the development and implementation of programs and 
activities funded under this title with those related programs 
and activities funded under title II of this Act and under the 
Omnibus Crime Control and Safe Streets Act of 1968, as amended.
    [(d) No funds appropriated to carry out the purposes of 
this title--
          [(1) may be used for any program or activity which is 
        not specifically authorized by this title; or
          [(2) may be combined with funds appropriated under 
        any other Act if the purpose of combining such funds is 
        to make a single discretionary grant or a single 
        discretionary payment unless such funds are separately 
        identified in all grants and contracts and are used for 
        the purposes specified in this title.]


                    authorization of appropriations


  Sec. 389. (a)(1) There are authorized to be appropriated to 
carry out this title (other than part E) $60,000,000 for fiscal 
year 1997 and such sums as may be necessary for each of the 
fiscal years 1998, 1999, and 2000.
  (2)(A) From the amount appropriated under paragraph (1) for a 
fiscal year, the Secretary shall reserve not less than 90 
percent to carry out parts A and B.
  (B) Of the amount reserved under subparagraph (A), not less 
than 20 percent, and not more than 25 percent, shall be 
reserved to carry out part B.
  (3) After reserving the amounts required by paragraph (2), 
the Secretary shall reserve the remaining amount (if any) to 
carry out parts C and D.
  (b) No funds appropriated to carry out this title may be 
combined with funds appropriated under any other Act if the 
purpose of combining such funds is to make a single 
discretionary grant, or a single discretionary payment, unless 
such funds are separately identified in all grants and 
contracts and are used for the purposes specified in this 
title.
  (c) There are authorized to be appropriated to carry out part 
E such sums as may be necessary for fiscal years 1997, 1998, 
1999, and 2000.

    [TITLE IV--EXTENSION AND AMENDMENT OF THE JUVENILE DELINQUENCY 
                             PREVENTION ACT

                   [youth development demonstrations

  [Sec. 401. Title I of the Juvenile Delinquency Prevention Act 
is amended (1) in the caption thereof, by inserting ``AND 
DEMONSTRATION PROGRAMS'' after ``SERVICES''; (2) following the 
caption thereof, by inserting ``Part A--Community-Based 
Coordinated Youth Services''; (3) in sections 101, 102(a), 
102(b)(1), 102(b)(2), 103(a) (including paragraph (1) thereof), 
104(a) (including paragraphs (1), (4), (5), (7), and (10) 
thereof), and 104(b) by striking out ``title'' and inserting 
``part'' in lieu thereof; and (4) by inserting at the end of 
the title following new part:

             [``Part B--Demonstrations in Youth Development

  [``Sec. 105. (a) For the purpose of assisting the 
demonstration of innovative approaches to youth development and 
the prevention and treatment of delinquent behavior (including 
payment of all or part of the costs of minor remodeling or 
alteration), the Secretary may make grants to any State (or 
political subdivision thereof), any agency thereof, and any 
nonprofit private agency, institution, or organization that 
submits to the Secretary, at such time and in such form and 
manner as the Secretary's regulations shall prescribe, an 
application containing a description of the purposes for which 
the grant is sought, and assurances satisfactory to the 
Secretary that the applicant will use the grant for the 
purposes for which it is provided, and will comply with such 
requirements relating to the submission of reports, methods of 
fiscal accounting, the inspection and audit of records and 
other materials, and such other rules, regulations, standards, 
and procedures, as the Secretary may impose to assure the 
fulfillment of the purposes of this Act.
  [``(b) No demonstration may be assisted by a grant under this 
section for more than one year.''

                             [consultation

  [Sec. 402. (a) Section 408 of such Act is amended by adding 
at the end of subsection (a) thereof the following new 
subsection:
  [``(b) The Secretary shall consult with the Attorney General 
for the purpose of coordinating the development and 
implementation of programs and activities funded under this Act 
with those related programs and activities funded under the 
Omnibus Crime Control and Safe Streets Act of 1968''; and by 
deleting subsection (b) thereof.
  [(b) Section 409 is repealed.

                  [repeal of minimum state allotments

  [Sec. 403. Section 403(b) of such Act is repealed, and 
section 403(a) of such Act is redesignated section 403.

                         [extension of program

  [Sec. 404. Section 402 of such Act, as amended by this Act, 
is further amended in the first sentence by inserting after 
``fiscal year'' the following: ``and such sums as may be 
necessary for fiscal year 1975''.

           [TITLE V--MISCELLANEOUS AND CONFORMING AMENDMENTS

      [Part A--Amendments to the Federal Juvenile Delinquency Act

  [Sec. 501. Section 5031 of title 18, United States Code, is 
amended to read as follows:

[``Sec. 5031. Definitions

  [``For the purposes of this chapter, a `juvenile' is a person 
who has not attained his eighteenth birthday, or for the 
purpose of proceedings and disposition under this chapter for 
an alleged act of juvenile delinquency, a person who has not 
attained his twenty-first birthday, and `juvenile delinquency' 
is the violation of a law of the United States committed by a 
person prior to his eighteenth birthday which would have been a 
crime if committed by an adult.''

              [delinquency proceedings in district courts

  [Sec. 502. Section 5032 of title 18, United States Code, is 
amended to read as follows:

[``Sec. 5032. Delinquency proceedings in district courts; transfer for 
                    criminal prosecution

  [``A juvenile alleged to have committed an act of juvenile 
delinquency shall not be proceeded against in any court of the 
United States unless the Attorney General, after investigation, 
certifies to an appropriate district court of the United States 
that the juvenile court or other appropriate court of a State 
(1) does not have jurisdiction or refuses to assume 
jurisdiction over said juvenile with respect to such alleged 
act of juvenile delinquency, or (2) does not have available 
programs and services adequate for the needs of juveniles.
  [``If the Attorney General does not so certify, such juvenile 
shall be surrendered to the appropriate legal authorities of 
such State.
  [``If an alleged juvenile delinquent is not surrendered to 
the authorities of a State or the District of Columbia pursuant 
to this section, any proceedings against him shall be in an 
appropriate district court of the United States. For such 
purposes, the court may be convened at any time and place 
within the district, in chambers or otherwise. The Attorney 
General shall proceed by information, and no criminal 
prosecution shall be instituted for the alleged act of juvenile 
delinquency except as provided below.
  [``A juvenile who is alleged to have committed an act of 
juvenile delinquency and who is not surrendered to State 
authorities shall be proceeded against under this chapter 
unless he has requested in writing upon advice of counsel to be 
proceeded against as an adult, except that, with respect to a 
juvenile sixteen years and older alleged to have committed an 
act after his sixteenth birthday which if committed by an adult 
would be a felony punishable by a maximum penalty of ten years 
imprisonment or more, life imprisonment, or death, criminal 
prosecution on the basis of the alleged act may be begun by 
motion to transfer of the Attorney General in the appropriate 
district court of the United States, if such court finds, after 
hearing, such transfer would be in the interest of justice.
  [``Evidence of the following factors shall be considered, and 
findings with regard to each factor shall be made in the 
record, in assessing whether a transfer would be in the 
interest of justice: the age and social background of the 
juvenile; the nature of the alleged offense; the extent and 
nature of the juvenile's prior delinquency record; the 
juvenile's present intellectual development and psychological 
maturity; the nature of past treatment efforts and the 
juvenile's response to such efforts; the availability of 
programs designed to treat the juvenile's behavioral problems.
  [``Reasonable notice of the transfer hearing shall be given 
to the juvenile, his parents, guardian, or custodian and to his 
counsel. The juvenile shall be assisted by counsel during the 
transfer hearing, and at every other critical stage of the 
proceedings.
  [``Once a juvenile has entered a plea of guilty or the 
proceeding has reached the stage that evidence has begun to be 
taken with respect to a crime or an alleged act of juvenile 
delinquency subsequent criminal prosecution or juvenile 
proceedings based upon such alleged act of delinquency shall be 
barred.
  [``Statements made by a juvenile prior to or during a 
transfer hearing under this section shall not be admissible at 
subsequent criminal prosecutions.''

                                [custody

  [Sec. 503. Section 5033 of title 18, United States Code, is 
amended to read as follows:

[``Sec. 5033. Custody prior to appearance before magistrate

  [``Whenever a juvenile is taken into custody for an alleged 
act of juvenile delinquency, the arresting officer shall 
immediately advise such juvenile of his legal rights, in 
language comprehensive to a juvenile, and shall immediately 
notify the Attorney General and the juvenile's parents, 
guardian, or custodian of such custody. The arresting officer 
shall also notify the parents, guardian, or custodian of the 
rights of the juvenile and of the nature of the alleged 
offense.
  [``The juvenile shall be taken before a magistrate forthwith. 
In no event shall the juvenile be detained for longer than a 
reasonable period of time before being brought before a 
magistrate.''

                         [duties of magistrate

  [Sec. 504. Section 5034 of title 18, United States Code, is 
amended to read as follows:

[``Sec. 5034. Duties of magistrate

  [``The magistrate shall insure that the juvenile is 
represented by counsel before proceeding with critical stages 
of the proceedings. Counsel shall be assigned to represent a 
juvenile when the juvenile and his parents, guardian, or 
custodian are financially unable to obtain adequate 
representation. In cases where the juvenile and his parents, 
guardian, or custodian are financially able to obtain adequate 
representation but have not retained counsel, the magistrate 
may assign counsel and order the payment of reasonable 
attorney's fees or may direct the juvenile, his parents, 
guardian, or custodian to retain private counsel within a 
specified period of time.
  [``The magistrate may appoint a guardian ad litem if a parent 
or guardian of the juvenile is not present, or if the 
magistrate has reason to believe that the parents or guardian 
will not cooperate with the juvenile in preparing for trial, or 
that the interests of the parents or guardian and those of the 
juvenile are adverse.
  [``If the juvenile has not been discharged before his initial 
appearance before the magistrate, the magistrate shall release 
the juvenile to his parents, guardian, custodian, or other 
responsible party (including, but not limited to, the director 
of a shelter-care facility upon their promise to bring such 
juvenile before the appropriate court when requested by such 
court unless the magistrate determines, after hearing, at which 
the juvenile is represented by counsel, that the detention of 
such juvenile is required to secure his timely appearance 
before the appropriate court or to insure his safety or that of 
others.''

                               [detention

  [Sec. 505. Section 5035 of this title is amended to read as 
follows:

[``Sec. 5035. Detention prior to disposition

  [``A juvenile alleged to be delinquent may be detained only 
in a juvenile facility or such other suitable place as the 
Attorney General may designate. Whenever possible, detention 
shall be in a foster home or community based facility located 
in or near his home community. The Attorney General shall not 
cause any juvenile alleged to be delinquent to be detained or 
confined in any institution in which the juvenile has regular 
contact with adult persons convicted of a crime or awaiting 
trial on criminal charges. Insofar as possible, alleged 
delinquents shall be kept separate from adjudicated 
delinquents. Every juvenile in custody shall be provided with 
adequate food, heat, light, sanitary facilities, bedding, 
clothing, recreation, education, and medical care, including 
necessary psychiatric, psychological, or other care and 
treatment.''

                             [speedy trial

  [Sec. 506. Section 5036 of this title is amended to read as 
follows:

[``Sec. 5036. Speedy trial

  [``If an alleged delinquent who is in detention pending trial 
is not brought to trial within thirty days from the date upon 
which such detention was begun, the information shall be 
dismissed on motion of the alleged delinquent or at the 
direction of the court, unless the Attorney General shows that 
additional delay was caused by the juvenile or his counsel, or 
consented to by the juvenile and his counsel, or would be in 
the interest of justice in the particular case. Delays 
attributable solely to court calendar congestion may not be 
considered in the interest of justice. Except in extraordinary 
circumstances, an information dismissed under this section may 
not be reinstituted.''

                              [disposition

  [Sec. 507. Section 5037 is amended to read as follows:

[``Sec. 5037. Dispositional hearing

  [``(a) If a juvenile is adjudicated delinquent, a separate 
dispositional hearing shall be held no later than twenty court 
days after trial unless the court has ordered further study in 
accordance with subsection (c). Copies of the presentence 
report shall be provided to the attorneys for both the juvenile 
and the Government a reasonable time in advance of the hearing.
  [``(b) The court may suspend the adjudication of delinquency 
or the disposition of the delinquent on such conditions as it 
deems proper, place him on probation, or commit him to the 
custody of the Attorney General. Probation, commitment, or 
commitment in accordance with subsection (c) shall not extend 
beyond the juvenile's twenty-first birthday or the maximum term 
which could have been imposed on an adult convicted of the same 
offense, whichever is sooner, unless the juvenile has attained 
his nineteenth birthday at the time of disposition, in which 
case probation, commitment, or commitment in accordance with 
subsection (c) shall not exceed the lesser of two years or the 
maximum term which could have been imposed on an adult 
convicted of the same offense.
  [``(c) If the court desires more detailed information 
concerning an alleged or adjudicated delinquent, it may commit 
him, after notice and hearing at which the juvenile is 
represented by counsel, to the custody of the Attorney General 
for observation and study by an appropriate agency. Such 
observation and study shall be conducted on an outpatient 
basis, unless the court determines that inpatient observation 
and study are necessary to obtain the desired information. In 
the case of an alleged juvenile delinquent, inpatient study may 
be ordered only with the consent of the juvenile and his 
attorney. The agency shall make a complete study of the alleged 
or adjudicated delinquent to ascertain his personal traits, his 
capabilities, his background, any previous delinquency or 
criminal experience, any mental or physical defect, and any 
other relevant factors. The Attorney General shall submit to 
the court and the attorneys for the juvenile and the Government 
the results of the study within thirty days after the 
commitment of the juvenile, unless the court grants additional 
time.''

                           [juvenile records

  [Sec. 508. Section 5038 is added, to read as follows:

[``Sec. 5038. Use of juvenile records

  [``(a) Throughout the juvenile delinquency proceeding the 
court shall safeguard the records from disclosure. Upon the 
completion of any juvenile delinquency proceeding whether or 
not there is an adjudication the district court shall order the 
entire file and record of such proceeding sealed. After such 
sealing, the court shall not release these records except to 
the extent necessary to meet the following circumstances:
          [``(1) inquiries received from another court of law;
          [``(2) inquiries from an agency preparing a 
        presentence report for another court;
          [``(3) inquiries from law enforcement agencies where 
        the request for information is related to the 
        investigation of a crime or a position within that 
        agency;
          [``(4) inquiries, in writing, from the director of a 
        treatment agency or the director of a facility to which 
        the juvenile has been committed by the court; and
          [``(5) inquiries from an agency considering the 
        person for a position immediately and directly 
        affecting the national security.
Unless otherwise authorized by this section, information about 
the sealed record may not be released when the request for 
information is related to an application for employment, 
license, bonding, or any civil right or privilege. Responses to 
such inquiries shall not be different from responses made about 
persons who have never been involved in a delinquency 
proceeding.
  [``(b) District courts exercising jurisdiction over any 
juvenile shall inform the juvenile, and his parent or guardian, 
in writing in clear and nontechnical language, of rights 
relating to the sealing of his juvenile record.
  [``(c) During the course of any juvenile delinquency 
proceeding, all information and records relating to the 
proceeding, which are obtained or prepared in the discharge of 
an official duty by an employee of the court or an employee of 
any other governmental agency, shall not be disclosed directly 
or indirectly to anyone other than the judge, counsel for the 
juvenile and the government, or others entitled under this 
section to receive sealed records.
  [``(d) Unless a juvenile who is taken into custody is 
prosecuted as an adult--
          [``(1) neither the fingerprints nor a photograph 
        shall be taken without the written consent of the 
        judge; and
          [``(2) neither the name nor picture of any juvenile 
        shall be made public by any medium of public 
        information in connection with a juvenile delinquency 
        proceeding.''

                              [commitment

  [Sec. 509. Section 5039 is added, to read as follows:

[``Sec. 5039. Commitment

  [``No juvenile committed to the custody of the Attorney 
General may be placed or retained in an adult jail or 
correctional institution in which he has regular contact with 
adults incarcerated because they have been convicted of a crime 
or are awaiting trial on criminal charges.
  [``Every juvenile who has been committed shall be provided 
with adequate food, heat, light, sanitary facilities, bedding, 
clothing, recreation, counseling, education, training, and 
medical care including necessary psychiatric, psychological, or 
other care and treatment.
  [``Whenever possible, the Attorney General shall commit a 
juvenile to a foster home or community-based facility located 
in or near his home community.''

                                [support

  [Sec. 510. Section 5040 is added, to read as follows:

[``Sec. 5040. Support

  [``The Attorney General may contract with any public or 
private agency or individual and such community-based 
facilities as halfway houses and foster homes for the 
observation and study and the custody and care of juveniles in 
his custody. For these purposes, the Attorney General may 
promulgate such regulations as are necessary and may use the 
appropriation for `support of United States prisoners' or such 
other appropriations as he may designate.''

                                [parole

  [Sec. 511. Section 5041 is added to read as follows:

[``Sec. 5041. Parole

  [``The Board of Parole shall release from custody, on such 
conditions as it deems necessary, each juvenile delinquent who 
has been committed, as soon as the Board is satisfied that he 
is likely to remain at liberty without violating the law and 
when such release would be in the interest of justice.''

                              [revocation

  [Sec. 512. Section 5042 is added to read as follows:

[``Sec. 5042. Revocation of parole or probation

  [``Any juvenile parolee or probationer shall be accorded 
notice and a hearing with counsel before his parole or 
probation can be revoked.''
  [Sec. 513. The table of sections of chapter 403 of this title 
is amended to read as follows:

[``Sec.
[``5031. Definitions.
[``5032. Delinquency proceedings in district courts; transfer for 
          criminal prosecution.
[``5033. Custody prior to appearance before magistrate.
[``5034. Duties of magistrate.
[``5035. Detention prior to disposition.
[``5036. Speedy trial.
[``5037. Dispositional hearing.
[``5038. Use of juvenile records.
[``5039. Commitment.
[``5040. Support.
[``5041. Parole.
[``5042. Revocation of parole or probation.''.

               [Part B--National Institute of Corrections

  [Sec. 521. Title 18, United States Code, is amended by adding 
a new chapter 319 to read as follows:

           [``CHAPTER 319.--NATIONAL INSTITUTE OF CORRECTIONS

  [``Sec. 4351. (a) There is hereby established within the 
Bureau of Prisons a National Institute of Corrections.
  [``(b) The overall policy and operations of the National 
Institute of Corrections shall be under the supervision of an 
Advisory Board. The Board shall consist of sixteen members. The 
following six individuals shall serve as members of the 
Commission ex officio: the Director of the Federal Bureau of 
Prisons or his designee, the Administrator of the Law 
Enforcement Assistance Administration or his designee, Chairman 
of the United States Parole Board or his designee, the Director 
of the Federal Judicial Center or his designee, the Deputy 
Assistant Administrator for the National Institute for Juvenile 
Justice and Delinquency Prevention or his designee, and the 
Assistant Secretary for Human Development of the Department of 
Health, Education, and Welfare or his designee.
  [``(c) The remaining ten members of the Board shall be 
selected as follows:
  [``(1) Five shall be appointed initially by the Attorney 
General of the United States for staggered terms; one member 
shall serve for one year, one member for two years, and three 
members for three years. Upon the expiration of each member's 
term, the Attorney General shall appoint successors who will 
each serve for a term of three years. Each member selected 
shall be qualified as a practitioner (Federal, State, or local) 
in the field of corrections, probation, or parole.
  [``(2) Five shall be appointed initially by the Attorney 
General of the United States for staggered terms, one member 
shall serve for one year, three members for two years, and one 
member for three years.'' Upon the expiration of each member's 
term the Attorney General shall appoint successors who will 
each serve for a term of three years. Each member selected 
shall be from the private sector, such as business, labor, and 
education, having demonstrated an active interest in 
corrections, probation, or parole.
  [``(d) The members of the Board shall not, by reason of such 
membership, be deemed officers or employees of the United 
States. Members of the Commission who are full-time officers or 
employees of the United States shall serve without additional 
compensation, but shall be reimbursed for travel, subsistence, 
and other necessary expenses incurred in the performance of the 
duties vested in the Board. Other members of the Board shall, 
while attending meetings of the Board or while engaged in 
duties related to such meetings or in other activities of the 
Commission pursuant to this title, be entitled to receive 
compensation at the rate not to exceed the daily equivalent of 
the rate authorized for GS-18 by section 5332 of title 5, 
United States Code, including traveltime, and while away from 
their homes or regular places of business may be allowed travel 
expenses, including per diem in lieu of subsistence equal to 
that authorized by section 5703 of title 5, United States Code, 
for persons in the Government service employed intermittently.
  [``(e) The Board shall elect a chairman from among its 
members who shall serve for a term of one year. The members of 
the Board shall also elect one or more members as a vice-
chairman.

                     [part c--conforming amendments

  [Sec. 541. (a) The section titled ``Declaration and Purpose'' 
in title I of the Omnibus Crime Control and Safe Streets Act of 
1968, as amended (82 Stat. 197; 84 Stat. 1881; 87 Stat. 197), 
is amended by inserting immediately after the second paragraph 
thereof the following new paragraph:
  [``Congress finds further that the high incidence of 
delinquency in the United States today results in enormous 
annual cost and immeasurable loss in human life, personal 
security, and wasted human resources, and that juvenile 
delinquency constitutes a growing threat to the national 
welfare requiring immediate and comprehensive action by the 
Federal Government to reduce and prevent delinquency.''.
  [(b) Such section is further amended by adding at the end 
thereof the following new paragraph:
  [``It is therefore the further declared policy of Congress to 
provide the necessary resources, leadership, and coordination 
to (1) develop and implement effective methods of preventing 
and reducing juvenile delinquency; (2) to develop and conduct 
effective programs to prevent delinquency, to divert juveniles 
from the traditional juvenile justice system and to provide 
critically needed alternatives to institutionalization; (3) to 
improve the quality of juvenile justice in the United States; 
and (4) to increase the capacity of State and local governments 
and public and private agencies to conduct effective juvenile 
justice and delinquency prevention and rehabilitation programs 
and to provide research, evaluation, and training services in 
the field of juvenile justice and delinquency prevention.''.
  [Sec. 542. The third sentence of section 203(a) of title I of 
the Omnibus Crime Control and Safe Streets Act of 1968 as 
amended (82 Stat. 197; 84 Stat. 1881; 87 Stat. 197), is amended 
to read as follows: ``The State planning agency and any 
regional planning units within the State shall, within their 
respective jurisdictions, be representative of the law 
enforcement and criminal justice agencies including agencies 
directly related to the prevention and control of juvenile 
delinquency, units of general local government, and public 
agencies maintaining programs to reduce and control crime, and 
shall include representatives of citizens, professional, and 
community organizations including organizations directly 
related to delinquency prevention.''.
  [Sec. 543. Section 303(a) of title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 is amended by adding after 
the first sentence the following: ``In order to receive formula 
grants under the Juvenile Justice and Delinquency Prevention 
Act of 1974 a State shall submit a plan for carrying out the 
purposes of that Act in accordance with this section and 
section 223 of that Act.''.
  [Sec. 544. Section 520 of title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 is amended by (1) 
inserting ``(a)'' after ``Sec. 520.'' and (2) by inserting at 
the end thereof the following:
  [``(b) In addition to the funds appropriated under section 
261(a) of the Juvenile Justice and Delinquency Prevention Act 
of 1974, the Administration shall expend from other Law 
Enforcement Assistance Administration appropriations, other 
than the appropriations for administration, at least the same 
level of financial assistance for juvenile delinquency programs 
as was expended by the Administration during fiscal year 
1972.''.
  [Sec. 545. Part F of title I of the Omnibus Crime Control and 
Safe Streets Act of 1968 is amended by adding at the end 
thereof the following new sections:
  [``Sec. 526. The Administrator is authorized to accept and 
employ, in carrying out the provisions of this Act, voluntary 
and uncompensated services notwithstanding the provisions of 
section 3679(b) of the Revised Statutes (31 U.S.C. 665(b)).
  [``Sec. 527. All programs concerned with juvenile delinquency 
and administered by the Administration shall be administered or 
subject to the policy direction of the office established by 
section 201(a) of the Juvenile Justice and Delinquency 
Prevention Act of 1974.
  [``Sec. 528. (a) The Administrator is authorized to select, 
employ, and fix the compensation of such officers and 
employees, including attorneys, as are necessary to perform the 
functions vested in him and to prescribe their functions.
  [``(b) Notwithstanding the provisions of section 5108 of 
title 5, United States Code, and without prejudice with respect 
to the number of positions otherwise placed in the 
Administration under such section 5108, the Administrator may 
place three positions in GS-16, GS-17, and GS-18 under section 
5332 of such title 5.'']
                              ----------                              


                   MISSING CHILDREN'S ASSISTANCE ACT

                       TITLE IV--MISSING CHILDREN

                              short title

    Sec. 401. This title may be cited as the ``Missing 
Children's Assistance Act''.
          * * * * * * *

                              definitions

    Sec. 403. For the purpose of this title--
          (1)  * * *
          (2) the term ``Administrator'' means the 
        Administrator of the Office of Juvenile [Justice and 
        Delinquency Prevention] Crime Control and Delinquency 
        Prevention.

               duties and functions of the administrator

    Sec. 404. (a) The Administrator shall--
          (1) * * *
          * * * * * * *
          (5) not later than 180 days after the end of each 
        fiscal year, submit a report to the President, Speaker 
        of the House of Representatives, and the President pro 
        tempore of the Senate--
                  (A) * * *
          * * * * * * *
                  (E) describing in detail the number and types 
                of telephone calls received in the preceding 
                fiscal year over the national toll-free 
                telephone line established under subsection 
                (b)(1)(A) and the number and types of 
                communications referred to the national 
                communications system established under section 
                [313] 331;
          * * * * * * *
    (b) The Administrator, either by making grants to or 
entering into contracts with public agencies or nonprofit 
private agencies, shall--
          (1)(A) * * *
          (B) coordinating the operation of such telephone line 
        with the operation of the national communications 
        system established under section [313] 331;
          * * * * * * *

                    authorization of appropriations

    Sec. 408. To carry out the provisions of this title, there 
are authorized to be appropriated such sums as may be necessary 
for fiscal years [1993, 1994, 1995, and 1996] 1997, 1998, 1999, 
and 2000.

                       [special study and report

    [Sec. 409. (a) Not later than 1 year after the date of the 
enactment of the Juvenile Justice and Delinquency Prevention 
Amendments of 1988, the Administrator shall begin to conduct a 
study to determine the obstacles that prevent or impede 
individuals who have legal custody of children from recovering 
such children from parents who have removed such children from 
such individuals in violation of law.
    [(b) Not later than 3 years after the date of the enactment 
of the Juvenile Justice and Delinquency Prevention Amendments 
of 1988, the Secretary shall submit a report to the chairman of 
the Committee on Education and Labor of the House of 
Representatives and the chairman of the Committee on the 
Judiciary of the Senate containing a description, and a summary 
of the results, of the study conducted under subsection (a).]
                              ----------                              


     INCENTIVE GRANTS FOR LOCAL DELINQUENCY PREVENTION PROGRAMS ACT

  TITLE V--INCENTIVE GRANTS FOR LOCAL DELINQUENCY PREVENTION PROGRAMS

SEC. 501. SHORT TITLE.

  This title may be cited as the ``Incentive Grants for Local 
Delinquency Prevention Programs Act''.
          * * * * * * *

[SEC. 503. DEFINITION.

  [In this title, the term ``State advisory group'' means the 
advisory group appointed by the chief executive officer of a 
State under a plan described in section 223(a).]

SEC. [504.] 503. DUTIES AND FUNCTIONS OF THE ADMINISTRATOR.

  The Administrator shall--
          (1) issue such rules as are necessary or appropriate 
        to carry out this title;
          (2) make such arrangements as are necessary and 
        appropriate to facilitate coordination and policy 
        development among all activities funded through the 
        Department of Justice relating to delinquency 
        prevention [(including the preparation of an annual 
        comprehensive plan for facilitating such coordination 
        and policy development)];
          (3) provide adequate staff and resources necessary to 
        properly carry out this title; and
          (4) not later than 180 days after the end of each 
        fiscal year, submit a report to the Chairman of the 
        Committee on [Education and Labor] Economic and 
        Educational Opportunities of the House of 
        Representatives and the Chairman of the Committee on 
        the Judiciary of the Senate--
                  (A) describing activities and accomplishments 
                of grant activities funded under this title;
                  (B) describing procedures followed to 
                disseminate grant activity products and 
                research findings;
                  (C) describing activities conducted to 
                develop policy and to coordinate Federal agency 
                and interagency efforts related to delinquency 
                prevention; and
                  (D) identifying successful approaches and 
                making recommendations for future activities to 
                be conducted under this title.

SEC. [505.] 504. GRANTS FOR PREVENTION PROGRAMS.

  (a) Purposes.--The Administrator may make grants to a State, 
to be transmitted [through the State advisory group to] to 
assist units of general 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;]
          (1) the teaching that people are and should be held 
        accountable for their actions;
          (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; 
        and
          [(6) leadership development activities; and
          [(7) the teaching that people are and should be held 
        accountable for their actions.]
          (6) recreation services.
  (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 unit's local front 
        end plans 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;]
          (1) the unit has submitted to the State the unit's 
        plan outlining delinquency prevention and early 
        intervention activities;
          [(5)] (2) 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)] (3) the local policy board is empowered to make 
        all recommendations for distribution of funds and 
        evaluation of activities funded under this title; and
          [(7)] (4) 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 applications under this 
section, the [Administrator] State shall give priority to 
applicants that demonstrate ability in--
          (1) plans for service and agency coordination and 
        collaboration including the colocation 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.]
          (3) providing services that prevent juvenile 
        involvement in delinquent activities; and
          (4) securing private sector support and that have 
        private sector support.

[SEC. 506. AUTHORIZATION OF APPROPRIATIONS.

  To carry out this title, there are authorized to be 
appropriated $30,000,000 for fiscal year 1993 and such sums as 
are necessary for fiscal years 1994, 1995, and 1996.]

SEC. 505. AUTHORIZATION OF APPROPRIATIONS.

  There are authorized to be appropriated to carry out this 
title $20,000,000 for fiscal year 1997 and such sums as may be 
appropriate for fiscal years 1998, 1999, and 2000.
                              ----------                              


         VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF 1994

[SEC. 40155. EDUCATION AND PREVENTION GRANTS TO REDUCE SEXUAL ABUSE OF 
                    RUNAWAY, HOMELESS, AND STREET YOUTH.

  [Part A of the Runaway and Homeless Youth Act (42 U.S.C. 5711 
et seq.) is amended--
          [(1) by redesignating sections 316 and 317 as 
        sections 317 and 318, respectively; and
          [(2) by inserting after section 315 the following new 
        section:

       [``grants for prevention of sexual abuse and exploitation

  [``Sec. 316. (a) In General.--The Secretary shall make grants 
under this section to private, nonprofit agencies for street-
based outreach and education, including treatment, counseling, 
provision of information, and referral for runaway, homeless, 
and street youth who have been subjected to or are at risk of 
being subjected to sexual abuse.
  [``(b) Priority.--In selecting among applicants for grants 
under subsection (a), the Secretary shall give priority to 
agencies that have experience in providing services to runaway, 
homeless, and street youth.
  [``(c) Authorization of Appropriations.--There are authorized 
to be appropriated to carry out this section--
          [``(1) $7,000,000 for fiscal year 1996;
          [``(2) $8,000,000 for fiscal year 1997; and
          [``(3) $15,000,000 for fiscal year 1998.
  [``(d) Definitions.--For the purposes of this section--
          [``(1) the term `street-based outreach and education' 
        includes education and prevention efforts directed at 
        offenses committed by offenders who are not known to 
        the victim as well as offenders who are known to the 
        victim; and
          [``(2) the term `street youth' means a juvenile who 
        spends a significant amount of time on the street or in 
        other areas of exposure to encounters that may lead to 
        sexual abuse.''.]

SEC. 40155. EDUCATION AND PREVENTION GRANTS TO REDUCE SEXUAL ABUSE OF 
                    RUNAWAY, HOMELESS, AND STREET YOUTH.

  (a) Authority for Program.--The Runaway and Homeless Youth 
Act (42 U.S.C. 5701 et seq.) is amended--
          (1) by striking the heading for part F,
          (2) by redesignating part E as part F, and
          (3) by inserting after part D the following:

               ``Part E--Sexual Abuse Prevention Program


                       ``authority to make grants


  ``Sec. 351. (a) The Secretary may make grants to nonprofit 
private agencies for the purpose of providing street-based 
services to runaway and homeless, and street youth, who have 
been subjected to, or are at risk of being subjected to, sexual 
abuse.
  ``(b) In selecting applicants to receive grants under 
subsection (a), the Secretary shall give priority to nonprofit 
private agencies that have experience in providing services to 
runaway and homeless, and street youth.'',
  (b) Authorization of Appropriations.--Section 389 of the 
Runaway and Homeless Youth Act (42 U.S.C. 5751), as amended by 
section 212 of the Juvenile Crime Control and Delinquency 
Prevention Act of 1996, is amended by adding at the end the 
following:
  ``(d) There are authorized to be appropriated to carry out 
part E such sums as may be necessary for fiscal years 1997, 
1998, 1999, and 2000.''.
          * * * * * * *
                             MINORITY VIEWS

                              introduction

    In 1974, Congress created the Juvenile Justice and 
Delinquency Prevention Act (hereafter referred to as ``the 
Act'') to provide a comprehensive system of delinquency 
prevention and rehabilitation services to potential and actual 
juvenile offenders, with the parallel goal of protecting public 
safety. In the more than 20 years since its enactment, the Act 
has evolved to include 4 core mandates designed to support the 
Act's goal of furthering integrity in the juvenile justice 
system and delinquency prevention. These requirements are the 
following: (1) the deinstitutionalization of status offenders; 
\1\ (2) sight and sound separation of juvenile and adult 
offenders; (3) removal of juveniles from adult jails and 
lockups; and (4) efforts to address the disproportionate 
confinement of minority youth in secure facilities.
---------------------------------------------------------------------------
    \1\ Status offenders are juveniles who have committed offenses, 
such as truancy and running away, which would not be a crime if 
committed by an adult.
---------------------------------------------------------------------------
    The Republican Majority has crafted a juvenile justice 
reauthorization bill (H.R. 3876) that eliminates and severely 
weakens many of the most effective provisions of the current 
Act, particularly these mandates. H.R. 3876 renders mandates 
(1), (3), and (4) virtually ineffective. The impact of changes 
to these mandates (discussed later in greater detail) will 
almost certainly result in a sharp increase in the number of 
juveniles being detained with criminal offenders, an increase 
in the number of juveniles being placed in adult jails, and 
weakened State analysis of disproportionate minority 
confinement in the juvenile justice system. The proposed change 
to the second mandate (sight and sound separation) would 
increase contact between juvenile and adult offenders, an 
alarming prospect.
    It is ironic that the Republican Majority would designate 
its bill ``the Juvenile Crime Control and Delinquency 
Prevention Act of 1996.'' As to the goal of prevention, the 
bill unjustly proposes to cut Title V funds (incentive grants 
for local delinquency prevention programs) by $10 million, one-
third of its funding level. Moreover, H.R. 3876 contains 
numerous proposals that have already proven ineffective in 
reducing juvenile crime. For instance, the bill encourages 
States to prosecute children as adults. And yet, study after 
study shows that such an approach is not likely to reduce 
juvenile crime. Children tried as adults have a higher 
recidivism rate than children tried as juveniles. Furthermore, 
the court process that precedes the sentencing phase in adult 
court takes longer than its corollary in juvenile court, 
despite unambiguous and convincing findings that the swiftness 
by which a sanction is carried out is crucial to meaningful 
juvenile behavior modification.
    We again must express our dismay with the legislative modus 
operandi employed by the Republican Majority to circumvent full 
consideration of amendments to less than perfect legislation. 
Tucked within H.R. 3876 is an irrelevant, anti-labor provision 
that would repeal vital labor protections for workers employed 
in juvenile detention facilities. Our colleague Representative 
Rob Andrews (D-NJ) offered a straightforward amendment to 
retain those protections; no case have ever been made for 
eliminating those protections. But rather than permit each of 
us the right to express our opinion on the Andrews amendment, 
the Committee's Republican leadership cut off debate, and 
exercised procedural heavy-handedness that prevented 
consideration of dozens of remaining Democratic and Republican 
amendments. Had the Committee process proceeded fairly and 
deliberately, maybe H.R. 3876 could have been improved in such 
a manner as to facilitate effective reduction of juvenile 
crime.

              the act's core mandates should be maintained

Jail removal mandate

    In 1980, Congress amended the Act to require the removal of 
juveniles from adult jails and lockups. This change was driven 
by the adverse impact of housing juvenile offenders with adult 
criminals, including high suicide rates, physical, mental, and 
sexual assaults, and exposure of children to serious adult 
offenders and mental patients. We oppose the Majority's 
decision to retreat to these dangerous conditions by allowing 
States to house juveniles of any age, charged or convicted of 
violent crimes as adults, with adult criminals on a permanent 
basis. We also object to the fact that the bill would further 
allow juveniles to be temporarily housed with adults for up to 
48 hours (excluding weekends and holidays).
    Juveniles placed in adult prisons today are in greater 
danger than they were 20 years ago. Research demonstrates that 
children in adult institutions are 5 times more likely to be 
sexually assaulted than juveniles confined in juvenile 
facilities. Sexual assault becomes life-threatening in light of 
the tragic fact that many adult prisoners are HIV-infected. The 
Journal of the American Medical Association reports that the 
incidence of AIDS among incarcerated adults is 6 times that of 
the general population. Children in adult institutions are 
twice as likely to be beaten by staff and 50 percent more 
likely to be attacked with a weapon than juveniles confined in 
juvenile facilities.\2\
---------------------------------------------------------------------------
    \2\ In a recent tragedy on April 25, 1996, 6 adult prisoners 
murdered a seventeen years old boy while he was incarcerated in the 
juvenile cellblock of an adult in Ohio.
---------------------------------------------------------------------------
    In addition to its harmful, indeed life-threatening, 
effects on children, the unsound policy of sending youngsters 
into adult prisons does nothing to reduce crime. The most 
recent studies demonstrate that putting young offender in adult 
prisons actually leads to more crime, higher prison costs, and 
increased violence. Juveniles housed with adult offenders often 
begin to identify themselves as ``criminals''. A recent 
University of Florida study found that juveniles in adult 
prisons were more likely to commit serious crimes after their 
release than juveniles sent to juvenile facilities for the 
commission of similar offenses. Furthermore, juveniles 
prosecuted as adults and incarcerated in adult prisons tend to 
run afoul of the law again and again, committing even more 
serious new offenses.\3\ Sadly, these findings do not surprise 
us. Crime reduction and juvenile delinquency protection cannot 
be well served by policies that send teenagers to adult 
facilities where they are exposed to sophisticated, dangerous 
adult criminals.
---------------------------------------------------------------------------
    \3\ Bishop, Frazier, Lanza-Kaduce, and Winner, ``The Transfer of 
Juveniles to Criminal Court: Does It Make a Difference?'' 42 Crime and 
Delinquency 171 (1996).
---------------------------------------------------------------------------
    It is illogical to attempt to reduce juvenile crime without 
acknowledging the root causes and aggravating factors that lie 
at the heart of this issue. Recent research shows that most 
juvenile delinquents begin their troubled paths as severely at-
risk children, and juveniles who commit the worst crimes have 
usually suffered a lifetime of abuse and neglect. A study by 
the National Institute of Justice found that a child who 
suffers from abuse and neglect is 40 percent more likely to 
become delinquent. Moreover, numerous studies find that more 
juvenile offenders come from families plagued by violence, 
chaos, and high rates of drug and alcohol abuse. A 1996 study 
by the Rand Corporation concluded that early-childhood 
interventions and graduation incentives are more socially 
effective and cost effective at reducing crime than so called 
``get tough'' policies. More specifically, the Rand report 
found that a $1 million investment in a program offering 
educational incentives to at-risk youths (including tutoring 
and modest financial awards), could avert more than 250 crimes. 
Similarly, the researchers found that spending the same amount 
on early intervention, such as preparing parents to better care 
for their children, could avert more than 150 crimes, as 
compared to ``3 Strikes'' laws, which only avert 61 crimes.
    The Republican Majority cannot reasonably believe that 
children confined with habitual criminals will become law 
abiding citizens once released. The lack of rehabilitative 
services for juveniles in adult prisons (including education, 
and vocational and mental health services) exacerbates the 
inability of young offenders to become law-abiding adults after 
leaving prison. We are deeply troubled with the overwhelming 
emphasis of the Republicans on punishing and confining 
juveniles, rather than on trying to prevent juvenile 
delinquency in the first place.
    Dangerous juvenile offenders deserve confinement; citizens 
and communities must be protected. But, granting State's 
greater authority to house children with adult criminals is not 
a viable or logical means to that end.

Disproportionate minority confinement (DMC)

    Research has consistently shown that minority adolescents 
are overrepresented at all stages (i.e., arrest, adjudication, 
sentencing, secure detention, and secure incarceration) on the 
juvenile justice spectrum. In the 1970's and 1980's statistics 
showed that a minority youth is more likely to receive formal 
sanctions, to be sentenced to secure confinement, and to be 
transferred to criminal court, than a white youth. This 
disparity exists independent of the type of offense, the 
youth's previous arrest record, or his or her family structure.
    In 1991, the Office of Juvenile Justice and Delinquency 
Prevention (OJJDP) examined ``the role which minority status 
may play in the processing of youth through the juvenile 
justice system.'' The OJJDP acknowledged the existence of 
racial disparity within the juvenile justice system and 
concluded that the disproportional treatment of minorities 
often ``accumulate[s] and become[s] more pronounced as minority 
youth are processed further into the juvenile system.'' In 
1992, Congress sought to focus national attention on the 
reemergence of racism within the juvenile justice system and 
amended the Act to include the disproportionate minority 
confinement (DMC) mandate. The DMC mandate simply requires the 
States to conduct studies to determine if, in fact, the number 
of minority youth in secure confinement is disproportionate to 
their representation in the general population. If a State 
reaches that determination, it must address the causes of the 
overrepresentation. As of 1994, 55 States and territories 
completed such data collection. All but 9 states had identified 
a DMC problem and initiated intervention planning.
    While no State has ever lost funding because of 
noncompliance with the DMC mandate, the Republican Majority now 
effectively wants to repeal it. Under H.R. 3876, States would 
measure disproportionate minority confinement relative to the 
``total population of juveniles who are brought into the 
juvenile justice system.'' This comparison begs a most 
fundamental question: Is there not bias even at the ``entry 
point'' when the initial decision to arrest occurs? Indeed, 
studies have shown that at that ``entry point,'' minority youth 
are arrested at a higher rate than white youth. The modified 
DMC comparison proposed in H.R. 3876 is flawed and undermines 
useful analysis of racial bias in the juvenile justice system.
    The Republican Majority further denigrates the DMC mandate 
by injecting ``relevant factors'' into the equation without any 
qualitative identification of what factors may indeed be 
relevant. Instead, they have developed an arbitrary list of 
factors that will once again conceal, rather than identify, the 
role of race in the juvenile justice system. The cost to the 
States in conducting studies that take account of these 
arbitrary factors will discourage the States from conducting 
studies at all.
    We recognize that the Republican Majority is hell-bent on 
attacking any ``quota,'' no matter how tenuous the 
characterization. Thus, even a provision as sensible as the DMC 
mandate has become an affirmative action ``boogeyman'' to the 
Republicans. The existing DMC mandate gives rise to no 
legitimate concern about quotas. It merely seeks to facilitate 
equal and fair justice for all juveniles.
    The DMC mandate has resulted in many positive programming 
changes, including cultural competency training for juvenile 
justice professionals, individualized home-based-care, mentors, 
therapeutic foster care, community-based family oriented 
services, job training, increased accessibility to treatment 
services, and much more. Most importantly, the DMC mandate has 
raised the consciousness of legislators, policymakers, 
educators, law enforcement, and juvenile justice professionals 
to recognize the role of race and has enabled them to take 
positive steps to address racism in the juvenile justice 
system.
    We oppose the Republican Majority's effort to dilute the 
DMC mandate to virtual uselessness.

Deinstitutionalization of status offenders

    Before the enactment of the deinstitutionalization of 
status offenders mandate (DSO), the confinement of children who 
had committed offenses that would not be a crime if committed 
by an adult (e.g., truancy, running away, incorrigibility) was 
a national disgrace. The DSO mandate provides that juveniles 
who commit status offenses must not be held in secure detention 
or confinement. Over the past 20 years, States have moved 
dramatically from a punishment-oriented, institution-dominated 
approach to a treatment-oriented, community-based approach. 
From 1974 to 1993, the number of status offenders held in 
delinquency institutions dropped from roughly 172,000 to 3,200.
    Without merit, H.R. 3876 would allow States to hold 
juvenile status offenders in secure confinement for purposes of 
reuniting such status offenders with their parents or legal 
guardians. This misguided movement back to an institution-based 
approach is inconsistent with studies showing that nearly all 
runaways leave home for understandable reasons such as flight 
from physical and sexual abuse, and neglect. These studies 
conclude that in many cases, the youth is better off with as 
little contact as possible with family members; in other cases, 
a family must receive counseling and other social services 
before their child may be returned home safely. Therefore, we 
are appalled that the Republican Majority would suggest further 
punishing an already abused youth by first confining that youth 
indefinitely, and then reuniting that youth with a troubled 
family.
    Detention would expose these vulnerable children to more 
serious offenders and unnecessarily bring them deeper into the 
juvenile justice system. Status offenders need supervision and 
services, not detention. A major justification for the DSO 
mandate is to ensure that status offenders do not suffer the 
brunt of the juvenile justice system, particularly its sanction 
of secure confinement. The proposed modification to that 
mandate undermines the safety of children.

         h.r. 3976 would hamper the effectiveness of the ojjdp

    The Majority's legislation further vitiates the Act by 
prohibiting the Office of Juvenile Justice & Delinquency 
Prevention (OJJDP) from issuing regulations regarding the core 
mandates. Additionally, H.R. 3876 prohibits OJJDP from 
monitoring or evaluating compliance with the mandates if a 
State simply has laws on its books that mirror the mandates.
    We object to the elimination of OJJDP's ability to regulate 
and to monitor compliance with the mandates. Relaxing OJJDP's 
monitoring authority is particularly dangerous in light of 
Majority's effort to weaken the core mandates. Weakened 
mandates necessitate strong OJJDP monitoring so that States do 
not simply ignore the mandates altogether. OJJDP's authority to 
hold State's accountable for compliance with the mandates has 
led to nearly a 95% reduction of violations, although thousands 
of children are still detained improperly each year, and 
compliance with the DMC remains a challenge for 46 States.
    The combination of weakened mandates and relaxed 
accountability will turn back the clock on 20 years of juvenile 
justice progress. States left to their own devices do not work 
to protect children in the way the juvenile justice system was 
designed.\4\
---------------------------------------------------------------------------
    \4\ In 1974, there were 85,000 juveniles detained or confined in 
institutions with adult prisoners, compared to less than 9,000 today. 
Prior to the deinstitutionalization of status offenders mandate in 
1974, there were more than 170,000 status offenders in secure 
facilities, in 1993, the number was down to 3,200. Similarly, prior to 
the jail removal mandate in 1980, there were 160,000 juveniles serving 
time in adult prisons, today there are 7,000.)
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               h.r. 3876 directly attacks employee rights

    Currently, State juvenile justice and youth services 
workers are provided basic labor protections under the Act. 
Specifically, the Act provides that employees shall be treated 
in a fair and equitable manner and that there shall be no 
diminution of employment rights, including the continuation of 
collective bargaining rights. The longstanding protection does 
not grant any new rights or benefits to workers, but merely 
provides that taxpayer funds will not be used to undermine 
existing labor standards
    Without a shred of credible justification, H.R. 3876 
arbitrarily eliminates these protections. Our colleague 
Representative Robert Andrews (D-NJ) offered an amendment to 
retain this existing protection for men and women who perform 
very difficult and often emotional work with our nation's most 
troubled children. During consideration of the Andrews 
amendment, Republican Committee Members expressed deep 
confusion and dissatisfaction with these existing protections. 
In fact, one of our Republican colleagues remarked that the 
Act's labor protections must have been ``put in as someone's 
unusual idea 20 years ago.'' Repeatedly, we asked our 
Republican colleagues to cite any complaint that has been 
brought to their attention by a State or local official 
regarding the purported onerousness of these protections. Not 
one example was offered. We also note that at no time during 
the four recent hearings concerning the Act's reauthorization 
was any testimony provided concerning these provisions.
    We can only conclude that the Majority's motivation for 
trying to strike labor protections for workers in juvenile 
justice facilities arises from the harsh anti-labor animus that 
has been a defining characteristic of the Republican-led 104th 
Congress. It is terribly disappointing to us that consideration 
of the Andrews amendment resulted in a total breakdown of 
normal legislative procedures for markup of this legislation. 
The anti-labor provision in H.R. 3876 was misguided and 
misplaced. The Committee should have been permitted to consider 
amendments that both Democrats and Republicans wanted to offer 
to perfect H.R. 3876. We were denied that opportunity, indeed 
that right, because the abrupt conclusion of the markup was 
driven by apparent anger at our attempt to keep a wholly 
irrelevant anti-labor provision out of this bill.

                                   William L. Clay.
                                   Dale E. Kildee.
                                   Matthew G. Martinez.
                                   Tom Sawyer.
                                   Patsy T. Mink.
                                   Jack Reed.
                                   Xavier Becerra.
                                   Gene Green.
                                   Carlos Romero-Barcelo.
                                   Earl Blumenauer.
                                   George Miller.
                                   Pat Williams.
                                   Major R. Owens.
                                   Donald M. Payne.
                                   Robert E. Andrews.
                                   Bobby Scott.
                                   Lynn Woolsey.
                                   Chaka Fattah.
             ADDITIONAL VIEWS OF REPRESENTATIVE TIM ROEMER

    On August 2, 1996, the Economic and Educational 
Opportunities Committee reported the Juvenile Crime and 
Delinquency Prevention Act (H.R. 3876) by a vote of 23-2. This 
important piece of legislation, which would amend and 
reauthorize current juvenile justice programs, is scheduled to 
expire on September 30, 1996.
    This critical legislation will directly impact State and 
local efforts to combat the growing problem of juvenile crime. 
Although H.R. 3876 had some serious flaws, such as the repeal 
of basic labor protections for workers in juvenile detention 
facilities, it clearly had the potential of being a bipartisan 
effort to design a comprehensive system to reduce and prevent 
criminal offenses by youth. Many Members on the Economic and 
Educational Opportunities worked very hard to draft amendments 
to improve the legislation. However, due to the Majority's 
decision to circumvent the democratic legislative process and 
prevent Democrats from offering their amendments, it turned out 
to be a partisan vote.
    The process used by the Majority on Committee to prevent 
consideration of the Democratic and Republican amendments was 
an outright assault of the integrity of the legislative 
process. More importantly, however, it is our nation's young 
people who will suffer from the procedural tactics by the 
majority. Blocking the thoughtful deliberation of legislation 
to present and reduce juvenile crime was not only unfair to the 
Democratic Members of the Committee, but also represents a 
grave injustice for American families, schools, and 
communities.

                                                        Tim Roemer.

                                
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