[Senate Report 104-369]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 557
104th Congress                                                   Report
                                 SENATE

 2d Session                                                     104-369
_______________________________________________________________________


 
        JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT OF 1996

                                _______
                                

               September 16, 1996.--Ordered to be printed

_______________________________________________________________________


Mr. Hatch, from the Committee on the Judiciary, submitted the following

                              R E P O R T

                             together with

                            ADDITIONAL VIEWS

                         [To accompany S. 1952]

    The Committee on the Judiciary, to which was referred the 
bill (S. 1952) to amend the Juvenile Justice and Delinquency 
Prevention Act of 1974, having considered the same, reports 
favorably thereon, and recommends that the bill do pass.

                                CONTENTS

                                                                   Page
  I. Purpose..........................................................1
 II. Legislative History..............................................2
III. Discussion.......................................................4
 IV. Vote of the Committee...........................................22
  V. Section-by-section analysis.....................................22
 VI. Cost estimate...................................................31
VII. Regulatory impact statement.....................................33
VIII.Additional views of Messrs. Kennedy and Feingold................34

 IX. Addition views of Mr. Kohl......................................36
  X. Changes in existing law.........................................39

                               I. Purpose

    Existing Federal law has not been sufficiently effective in 
preventing youth violence or in ensuring the punishment of 
juvenile offenders. The costs of these failures in human and 
monetary terms on American society is enormous. Today, young 
people are the most violent segment of society, and there is 
little reason to believe that a continuation of present Federal 
policy is likely to reduce youth crime.
    The Office of Juvenile Justice and Delinquency Prevention 
(OJJDP) has been successful in implementing the mandates that 
have safeguarded the rights of young people in the criminal 
justice system. Nonetheless, it continues to focus on those 
mandates while ineffective prevention programs and inadequate 
punishments fail to stop a dramatic increase in youth crime, 
and violent youth crime in particular.
    S. 1952 seeks to make the most significant changes in the 
Juvenile Justice and Delinquency Prevention Act (JJDPA) since 
its original enactment in 1974. The legislation renames OJJDP 
as the Office of Youth Violence Reduction and limits its 
authority to awarding grants and ensuring compliance with 
statutory requirements. The stature of the National Institute 
of Juvenile Justice and Delinquency Prevention (NIJJDP) is 
enhanced, as are its responsibilities and budgetary authority. 
These changes are designed to ensure that the Federal 
Government's policy toward youth violence is focused on those 
activities that the Federal Government can perform best, that 
are appropriately Federal, and that, while exceedingly 
important, would be unlikely to be undertaken by State or local 
levels of government. Specifically, because OJJDP has not 
adequately performed its functions of, nor been adequately 
funded to undertake, research, evaluation, and dissemination of 
information concerning successful youth crime prevention 
programs, the bill emphasizes these roles for NIJJDP.
    Second, S. 1952 eliminates many bureaucratic and procedural 
requirements of current law that in the Committee's view serve 
no purpose, makes more flexible each of the remaining mandates, 
and expands the purposes of the current law's formula grants to 
recognize that prevention and intervention can be enhanced if 
graduated punishments are made a mainstay of the juvenile 
justice system. Third, the legislation reauthorizes the Runaway 
and Homeless Youth Act and Missing Children's Assistance Act. 
And fourth, the legislation repeals authorizations for programs 
for which there is little or no evidence of success in 
preventing youth violence and reallocates those funds to 
research, evaluation, technical assistance, training, and 
dissemination of information concerning scientifically 
evaluated crime prevention programs.

                        II. Legislative History

    Congress enacted the Juvenile Justice and Delinquency 
Prevention Act in 1974 in response to conditions then prevalent 
in the juvenile justice system in the States. Spurred by 
reports of dangerous conditions in which juveniles accused or 
convicted of crimes, or even offenses that would not be crimes 
if committed by an adult, were housed, Congress passed 
legislation to provide States assistance with juvenile justice. 
As a condition of receipt of these funds, States were required 
to comply with two original mandates, later expanded to four, 
that protected the rights of accused and adjudicated juveniles. 
The legislation also established OJJDP and directed it to 
dispense formula grants to States and monitor their compliance 
with the mandates. In addition, the legislation established 
within OJJDP a research, demonstration, evaluation, and 
information dissemination component. Congress has reauthorized 
the legislation in 1980, 1984, 1988, and 1992. In each 
reauthorization, new mandates have been added, and new Federal 
discretionary grant programs have been created, but the basic 
approach of the statute has remained largely unchanged.
    Unfortunately, while current legislation achieved the goals 
of protecting youth, it has not been able to address the 
changed nature of the problem that exists today. Despite the 
effort to establish a Federal entity to conduct research on the 
subject, and in part due to a shortage of resources, little 
more is known about addressing youth violence today than was 
the case in 1974. In the meantime, even as the nature, scope, 
and severity of youth crime changed dramatically in the 1980's 
and 1990's, OJJDP focused excessively on mandates that relate 
to neither crime prevention nor punishment, and that, while 
important, have long ago been achieved.
    For these reasons, the Subcommittee on Youth Violence 
conducted a series of hearings to reexamine the legislation 
with the recognition that substantial changes were required. It 
was the Subcommittee's intention to hold hearings, and then 
introduce a bill that reflected the testimony of the witnesses 
who appeared.
    The Subcommittee held a field hearing in Memphis, TN, on 
February 15, 1996, on developing local solutions to youth 
violence. Witnesses included Johnny Rawls, a graduate of the 
Youth Habilitation Center; a youth offender; Francetta Harris, 
the owner of a Memphis hair salon; Charlesetta Temple of the 
Douglass Elementary School Alumni; Erika Davis, a high school 
student and founder of Students Against Violence Everywhere; 
the Honorable Jim Rout, mayor, Shelby County; the Honorable 
W.W. Herenton, mayor of Memphis; William Todd, president, 
Memphis Board of Education; the Honorable Kenneth Turner, 
juvenile judge; James Ball, administrator, Shelby County 
Training Center; the Honorable Victoria Coleman, U.S. attorney 
for the Western District of Tennessee; the Honorable John 
Pierotti, district attorney general; Dr. Robert Wood of the 
Agency for Youth and Family Development; Barbara Holden, 
executive director, Memphis and Shelby County Community Health 
Agency; Dan Michael, administrator, Court Appointed Special 
Advocates; Billy Crouch of Tennessee Home Ties; and Chaplain 
Carl Nelson of the Mark Luttrell Recreation Center.
    On February 16, 1996, the Subcommittee held a field hearing 
in Nashville, TN, on developing State solutions to youth 
violence. The witnesses were the Honorable Don Sundquist, 
Governor of Tennessee; George Hattaway, the Commissioner of 
Youth Development; the Honorable Douglas Henry, Tennessee 
Senate; the Honorable Page Walley, Tennessee House of 
Representatives; the Honorable Beth Harwell, Tennessee House of 
Representatives; the Honorable Frank Buck, Tennessee House of 
Representatives; Charles Ballard, president, Institute for 
Responsible Fatherhood; Linda O'Neal, executive director, 
Tennessee Commission on Children and Youth; Charles Leach, 
Buddies of Nashville; George Phyfer, director of Juvenile 
Services, Corrections Corporation of America; Randy Dillon, 
coordinator, Child and Family Services; the Honorable Paul 
Wohlford, juvenile judge; the Honorable Randy Camp, juvenile 
judge; the Honorable Dan Speer, mayor, Pulaski, TN; the 
Honorable Bernie Swiney, mayor, Loudon, TN; and the Honorable 
C. Van Deacon, juvenile judge.
    The Subcommittee held a hearing in Washington, DC, on 
February 28, 1996, on the changing nature of youth violence. 
The Subcommittee heard as witnesses Dr. James Alan Fox, dean, 
College of Criminal Justice, Northeastern University; Dr. 
Alfred Blumstein, professor, Carnegie-Mellon University; Dr. 
John J. DiIulio, Jr., director, Brookings Institution's Center 
for Public Management; Rev. Eugene F. Rivers III, a Boston 
pastor and a fellow at Harvard Divinity School; the Honorable 
Carol Kelly, juvenile judge; the Honorable C. Van Deacon, 
juvenile judge; Col. (retired) Thomas Gordon, New Castle County 
Police Chief; and Rev. Stephen Hare, Faith City Baptist Church.
    On March 12, 1996, the Subcommittee held a hearing in 
Washington, DC on whether Federal strings on youth violence 
grants should be cut. Appearing as witnesses before the 
Subcommittee were Steve Carson, police chief, La Follette, TN; 
Byron Oedekoven, sheriff, Gillette, WY; Ray Luick, Wisconsin 
Office of Justice Assistance; William Woodward, director, 
Colorado Criminal Justice Department; Camille Anthony, 
executive director, Utah Commission on Crime and Juvenile 
Justice; Jerry Regier, director, Oklahoma Department of 
Juvenile Justice; Patricia West, director, Virginia Department 
of Youth and Family Services; and Robert Schwartz, chairman, 
American Bar Association Juvenile Justice Committee.
    The Subcommittee held a hearing on May 8, 1996, in 
Washington, DC, on oversight of Federal juvenile justice 
programs. Testimony was received from Shay Bilchik, 
Administrator, OJJDP; Dr. Laurie Ekstrand, Associate Director, 
Administration of Justice Issues, U.S. General Accounting 
Office; Dr. Ira Schwartz, dean, School of Social Work, 
University of Pennsylvania; Lavonda Taylor of the Coalition of 
Juvenile Justice; Dr. Marvin Wolfgang, professor, University of 
Pennsylvania; Dr. Delbert Elliott, professor, University of 
Colorado; and Dr. Terrence Thornberry, professor, State 
University of New York at Albany.
    The Subcommittee also held a field hearing in Albuquerque, 
NM, on July 2, 1996. Sixteen witnesses testified, including 
State and local government officials, nonprofit agency 
personnel, judges, police officers, and juvenile crime victims.
    Senator Thompson, joined by Senator Biden, introduced S. 
1952, on July 12, 1996.

                               Discussion

                       a. changes in youth crime

    The Juvenile Justice Act was enacted at a time when 
juveniles tended to commit fewer, less violent, and less 
geographically dispersed crimes than today. The growing fear of 
crime in this country over the last 10 years tracks precisely 
the shocking escalation in the number of violent crimes 
committed by juveniles. Since 1985, the murder rate for adults 
older than 25 has decreased by 25 percent. Over the same 
period, homicides by persons 18-24 have risen 61 percent. And 
among those 14-17, despite recent figures showing a 1-year 
reduction, the corresponding increase is 172 percent. Today, 
youths commit 300 percent more gun homicides than 10 years ago.
    Until the mid-1980's, the murder rate of juveniles was the 
same as for adults over 25, and less than half the rate of 
persons 18-24. Today, it is four times higher than that of 
adults, and two-thirds the rate of young adults. These 
increases reflect increased violence by all segments of youth. 
African-American youth homicide rates have risen 120 percent 
over the last decade, but white youth homicide rates have also 
increased by 80 percent. The sad fact today is that arrest 
rates for violent crimes are higher for teenagers than for 
adults. As Professor Fox testified, ``Conventional wisdom in 
criminology--that young adults generally represent the most 
violent-prone group--apparently needs to be modified in light 
of these disturbing changes.'' Violent juvenile arrests soared 
46 percent from 1989 to 1994, and there are today 150 percent 
more youth offenders than there were in 1984. While 1995 
figures show a decline in youth crime rates, the Subcommittee 
learned that Memphis, for instance, also reported a 1-year drop 
after a decade of increase in youth violence, but the rate 
resumed its upward trend this year. The problem is pervasive 
and is likely to deteriorate further.
    As Professor Fox testified, ``It is doubtful that today's 
improving crime picture will last for very long. This is the 
calm before the crime storm.'' He noted that today's violent 
youth are being succeeded by 39 million children in this 
country under age 10, a larger number than at any time since 
the baby boomers were in grade school. By 2005, there will be a 
14-percent increase in teenagers, including a 17 percent 
increase in black teens and a 30-percent rise in the number of 
Hispanic teens. The current increase in youth violence has 
occurred even as there was a drop in the number of teenagers, 
but the teen population will rise for the next decade, 
Professor Fox points out. As Senator Biden's December 1995 
report, ``Facing the Future,'' documented, the Nation faces a 
significant increase in youth violence over this period simply 
due to demographics even if crime rates among young people 
stabilized. But given the increase in the number of at-risk 
youth over that time and the deterioration in societal 
institutions and norms, Professor Fox believes ``our nation 
faces a future bloodbath of juvenile violence that will make 
1996 look like the good old days.''
    Both the nature of the problem and the conditions that have 
produced the increase in its severity and prevalence have 
changed remarkably since 1974. Commissioner Hattaway described 
how today's young people are committing murder, rape, 
aggravated robbery, assault, weapons charges, and drug 
trafficking. Senator Henry cited studies showing that 10 
percent of boys in high-risk neighborhoods had committed at 
least one street crime by age 7. The studies conclude that the 
earlier a person starts committing crimes, the more serious the 
crimes that are ultimately committed. Numerous witnesses 
testified that today's young offenders frequently show no 
remorse at all for very serious crimes. Professor DiIulio 
testified that young offenders are so violent that adult 
prisoners are afraid of many of them. His interviews with adult 
prisoners attribute the existence of youth predators to ``the 
absence of people, families, adults, teachers, preachers, 
coaches who would care enough about young males to nurture and 
discipline them.''
    Judge Carol Kelly of Chicago spent 15 years as a prosecutor 
before becoming a juvenile court judge, ``and I was never so 
frightened as I have been over the past two years in juvenile 
court.'' She described the heartbreaking cases on her docket:

        A ten year old boy who had acid poured on his head by 
        another juvenile and is now hideously disfigured; a 
        four year old girl who was stabbed 15 times by a 15 
        year old girl and who has scars all over her body; the 
        13 year old who was shot 11 times and may never walk 
        again; the children who are sexually assaulted and 
        abused by other children.

She also testified that there were numerous cases of children 
7, 8, or 9 years of age who appeared before her court on gun 
possession charges. Although it was an extremely uncommon 
occurrence for her in adult court, Judge Kelly testified that 
there were a dozen juvenile cases against offenders that were 
dismissed because the accused was killed before trial.
    Judge Kelly sentenced to prison the youngest person in 
America serving such a sentence. A 10- and an 11-year-old 
dropped a 5-year-old out a 14-story window because he would not 
steal candy for them. The 5-year-old's brother ran down 14 
flights of stairs in a vain attempt to try to catch his 
brother. Judge Kelly told the Subcommittee that ``many young 
violent offenders do not see anything wrong with their violent 
acts.'' Col. Gordon testified to the growing violent nature of 
youth crime that occurs at ever earlier ages. In Delaware, a 
high school student recently brought a live grenade to school. 
A police officer was permanently disabled when a juvenile who 
had stolen a car refused to surrender and intentionally drove 
the car at the officer. The youth pinned the officer under the 
front wheels and nearly killed him. This juvenile showed no 
remorse.
    Professor Fox and Professor Blumstein testified that the 
increased possession of guns by young people is particularly 
troubling. A 14-year-old is more willing to use a firearm over 
a trivial matter than is an adult because he does not fully 
appreciate the consequences and is less likely to exercise 
restraint.
    Judge Turner and Judge Kelly testified that most crimes by 
youth today are related to the drug trade, as are a large 
number of child neglect and nonsupport cases. Professor DiIulio 
also attributes the increase in youth violence to drug abuse 
and child abuse. Drugs not only are involved in specific 
violent incidents, such as the drug-addicted 10-year-old in 
Judge Kelly's case, but they are a key factor in producing a 
generation of youth that is far more violent than its 
predecessors. Drug-addicted parents regularly abuse and neglect 
children, and crack babies that suffer physical addiction to 
drugs from in utero exposure often are unable to control their 
behavior. Judge Kelly attributes much of the increase in youth 
violence to the abuse and neglect that these and other at-risk 
individuals faced. Today, some young persons have grandparents 
who are addicted to drugs.
    Witnesses before the Subcommittee tied the increase in 
youth violence to the decline of the family, neighborhoods, 
poor schools and a failed juvenile justice system, all of which 
are occurring as the influence grows of drugs, guns, and gangs. 
A Tennessee juvenile judge indicated that parents frequently 
fail to teach children respect for people or property. Instead, 
parents of troubled youth do what they want and leave their 
children to develop from their street environment. Mayor Speer 
described how parents and children have lost a sense of 
responsibility and respect for others. Judge Deacon and Rev. 
Rivers attributed that loss of responsibility to a government 
that has usurped the functions of communities, churches, and 
families, so that no one has to be responsible. Parental 
rejection and noninvolvement abounds. Judge Camp has ordered 
parents and children in the juvenile justice system to tell 
each other that they love each other. Many youths have told him 
that their mother had never told them that before.
    Indeed, compared with 1974, children have far less contact 
with caring adults. Today, fewer children are being raised in 
traditional, two-parent families. Professor Fox told the 
Subcommittee that ``as many as 57 percent of children in 
America do not have full-time parental supervision, either 
living with a single parent who works full-time or in a two-
parent household with both parents working full-time.'' The 
decline of the two-parent family has meant that children have 
more contact with adults who are potential abusers. Judge 
Deacon testified that the most dangerous person to a child is 
the mother's boyfriend. Young people today are frequently 
unsupervised after school, and Professor Fox provided the 
Subcommittee with figures that the after-school hours are the 
prime time period for youth violence.
    Even families that are nominally together may have little 
impact on keeping children away from crime. The younger 
offender in the case before Judge Kelly came from a two-parent 
family where both parents were substance abusers.
    Professor Blumstein attributed the growth in youth violence 
to crack cocaine, which led to an increase in adult 
incarcerations. With fewer adults available to enter into the 
drug trade, more youth were recruited. By carrying drugs or 
drug money, youths needed protection and obviously could not 
call on the police for that protection. He traced the increase 
in youths carrying guns to this phenomenon, and the need for 
other youths to carry guns for protection.
    Unlike 1974, youth violence occurs everywhere. Rural areas 
also face violent youth, Col. Gordon pointed out. Judge Deacon 
related that smaller communities have youth crime that has 
changed from shoplifting, joyriding, status offenses, and 
misdemeanors to rape, armed robbery, and gang activity. Rural 
communities, he said, ``are no longer dealing with isolated, 
random acts of violence, but increasingly with hardened, 
violent young offenders. * * *'' Chief Carson mentioned that 
sixth, seventh, and eighth graders in a small rural city have 
threatened assault on a teacher.

                             B. PREVENTION

    Not only do the experts agree on the factors that are 
producing youth violence, they have similar ideas concerning 
the approaches that should be taken to address the problem. 
While Professor DiIulio and others recognized that the nature 
of today's youth crime problem will mean the incarceration of 
more youths, he and all other witnesses concluded that youth 
violence will not be eradicated simply by incarcerating more 
juveniles. U.S. Attorney Coleman believes that it is simply not 
possible to lock up all offenders forever. Others, such as 
Judge Kelly, stress the enormous cost of juvenile 
incarceration, as well as the huge number of youth offenders, 
as reasons why America cannot simply build its way out of the 
youth violence problem. Professor Fox pointed out that 
increasing penalties alone will not solve the problem because 
the threat of punishment cannot deter youth that face violence 
every day, many of whom do not expect to live to adulthood.
    Judge Wohlford testified that automatically waiving violent 
juveniles into adult courts has not been proved successful. 
Professor Fox remarked about the unfortunate fact that ``we are 
obsessed with quick and easy solutions that will not work, such 
as the wholesale transfer of juveniles to the jurisdiction of 
the adult court, curfew laws, boot camps, three strikes, even 
caning and capital punishment, at the expense of long-term and 
difficult solutions that will work. * * *'' Professor Blumstein 
stressed that the bravado and peer pressure among the very 
young overwhelms the rational thought process necessary for 
harsh punishment to deter. Judge Kelly believes that locking up 
more and more juveniles without effective treatment will only 
produce ``bigger, more violent criminals,'' and that we should 
not treat youths the same as adults. The Committee agrees with 
Professor Blumstein that the demonstrably violent must be 
locked up. The Committee also agrees with Professor DiIulio 
that ``incarceration is not the answer. I also believe, 
however, that, like it or not, we will be incarcerating more 
juvenile offenders over the next 5 or 10 years. I believe that 
it is important for Federal policy to at least help with, or at 
least get out of the way of State and local efforts to 
incarcerate violent and repeat juvenile criminals, no ifs, ands 
or buts.'' However, the Committee accepts the judgement of Utah 
Commission Executive Director Camille Anthony that ``[t]here 
should not be a widening of the net by the federal government 
mandating to states which offenses should be waived, nor should 
there be any attempt by the federal government to identify an 
age at which waivers should occur. Those policy determinations 
are properly left with State legislatures.''
    Every witness told the Subcommittee that early intervention 
and prevention efforts are necessary. Professor Blumstein 
pointed out that because the societal institutions such as the 
family that provide socialization have declined, it is more 
important than ever that prevention be undertaken. Those 
efforts should begin earlier than has been tried before. Judge 
Kelly went to so far as to suggest that they begin from the 
moment of conception, but early on in any event. Judge Turner 
suggested targeting children who are now 5 to 10 years old, and 
an official with a local Big Brothers organization also 
stressed the importance of targeting the 6- to 10-year-old. 
There is a strong sense from juvenile judges and others that 
prevention is difficult after age 12 or thereabouts, or 
essentially the age when many young people enter the juvenile 
justice system. As Professor Fox testified, ``We must act now 
while this baby-boomerang generation is still young and 
impressionable, and will be impressed with what a teacher, a 
preacher, or some other authority figure has to say. If we wait 
until these children reach their teenage years, it may be too 
late to do much about it.''
    Early intervention efforts mean that large numbers of 
children must be reached. Although only a small percentage of 
youth will become the offenders that commit the vast majority 
of the crimes, it is impossible to identify such youth at the 
necessary age for intervention, Professor Fox testified. By the 
time the chronic offenders are identified through their 
actions, the likelihood of successful intervention is very low. 
Sadly, Judge Kelly testified, ``We have so many 8-, 9-, 10-
year-olds that are engaging in delinquent behavior, it is hard 
to figure out which one is the one that is going to end up 
killing somebody or doing something * * * like this. There are 
just so many children with guns at the age of 8, 9, 10 years 
old.''
    Witnesses had different ideas about what kinds of 
prevention programs are worthwhile. Professor DiIulio believes 
that the kinds of prevention programs that should be turned to 
involve churches. Professor Fox prefers school and recreation 
programs, job training, family support, and mentoring. 
Professor Blumstein believes that success can be obtained 
through providing day care to high school mothers to continue 
their education and socialize their children.
    The Committee has conflicting views about prevention 
programs aimed at strengthening families. The Committee agrees 
with Judge Deacon that working with a youth who is in the 
system, and then returning him to a poor home environment is 
``like washing a glove and immediately taking it and sticking 
it back in a bucket of tar.'' While the importance of families 
cannot be overemphasized, the Committee wonders about the cases 
in which ``families'' do not exist to be strengthened or 
preserved. Working with families that can be saved is 
important, in part because of the poor quality of foster care 
in so many places. But given the substance and child abuse 
present in so many homes, the Committee thinks that too often 
the effort is made to keep a ``family'' together when the 
better course is to take that cleaned up glove and put it in 
another bucket altogether. As Mayor Swiney stated, ``We've got 
to develop a system to enable authorities to remove children 
from hostile situations and violence in homes.'' Judge Wohlford 
thinks efforts to speed the process of terminating parental 
rights might be effective approaches to produce permanent 
placements. Professor Wolfgang has found that ``no clear 
evidence is available to prove'' that family preservation 
programs have ``long-term effects in reducing delinquency and 
violence.''
    The Committee believes that prevention is important, 
although not a substitute to taking strong action against 
today's violent young offenders. But it also believes that a 
very different type of Federal prevention effort should be 
undertaken than in the past, when the Federal Government 
dictated particular prevention programs with little or no basis 
for believing that they would be successful. As Mayor Speer 
stated, ``In general, efforts to address youth violence 
problems have failed.* * * We as a nation have historically 
thrown money at these types [of] problems, maybe in hopes that 
[they] would just go away.* * * [W]hat we are doing now is not 
working.'' The Committee hesitates to endorse any of these 
programs, for the reasons that follow in the discussion 
regarding research, although the Committee is encouraged by the 
results thus far of many private sector efforts to prevent 
youth violence, including the Boys and Girls Clubs and Big 
Brothers and Big Sisters.
    The Committee also recognizes that the problem of youth 
violence is severe and Americans rightly want immediate 
reductions in these crimes. However, the Committee also accepts 
Professor Fox's cautions that the impact of prevention is not 
manifested in actual crime reduction for 8 to 10 years when the 
target audience is currently 6 to 8, and patience will be 
required to see through some of the promising approaches.
    The Committee further realizes the political difficulty of 
taking long-term action to reduce the impact of the next wave 
of young people who are about to reach the age of committing 
serious crimes. The Committee chooses to retain the requirement 
that the formula grants be used at least 75 percent for 
prevention, although it broadens the definition of prevention 
and changes the use of the funds in relation to the mandates. 
As Professor Blumstein testified, the fact that benefits of 
prevention are so far in the future means that legislative 
bodies will tend to underfund these programs unless they are 
required to, even if they are effective. The Committee believes 
that political reality will work to encourage States to adopt 
the necessary actions to increase the punishment options for 
violent juveniles, such as longer sentences and secure 
facilities, as evidenced by the substantial number of state 
enactments to that effect, combined with changes in JJDPA that 
will avoid interference with such state policies.

             c. failures within the juvenile justice system

    Based on witness testimony, the Committee believes that the 
juvenile justice system has failed to effectively punish youth 
offenders. This is true notwithstanding the assistance the 
JJDPA was supposed to provide to juvenile courts. A key element 
of prevention the Committee believes should be encouraged is 
the imposition of graduated sanctions on persons who begin to 
come into contact with the juvenile justice system. The 
Committee finds that the juvenile justice system today fails to 
impose punishment in a definite and systematic way on too many 
offenders, with the result that too many offenders who might be 
able to be turned around before becoming violent criminals are 
left to continue on their criminal path.
    Judge Turner testified that 24 percent of juveniles in 
Tennessee had committed seven or more previous offenses. In 
Oklahoma, the average youth commits seven felonies before being 
placed in secure detention, and a similar situation exists in 
Virginia. One reason for this is that often nothing happens to 
juvenile offenders as a result of their appearance in juvenile 
court. The Committee is distressed that often nothing happens 
even if the youth commits a felony. Judge Kelly's young 
murderers were released to their (substance-abusing) parents 
numerous times after they built a long criminal history. The 
two had problems in school, constantly fought, and had numerous 
police contacts. The 10-year-old had been given probation for 
unlawful possession of a gun 9 days before he murdered the 5-
year-old, the first occasion in which he had any punishment 
imposed at all.
    The Committee is also concerned about the lack of space in 
which violent young people can be detained. Judge Camp 
testified that ``I can't get a kid in detention for anything 
less than drug dealing or weapons.'' Professor DiIulio recited 
that 9,000 juveniles were arrested for violent crime in 
Florida, but the State held only 1300 juveniles in custody. The 
Committee thinks Federal policies that interfere with States' 
ability to change this situation should themselves be changed.
    Judge Deacon believes that swift sanctioning and followup 
is an approach that can turn some early offenders away from a 
career in crime. There must be consequences. Professor Elliott 
testified in favor of imposing consequences of some kind for 
every arrest. As Chief Carson stated, ``[W]ith 98 percent of 
the children, you see a series of acts before he gets to the 
serious crime. If intervention comes early, we stand a better 
chance * * * of correcting the behavior.* * * Although it is 
true, as Judge Kelly points out, that many inner-city children 
could not possibly view time in a detention center where many 
of their friends already are placed as worse than the 
conditions of their home life, the Committee thinks Federal 
resources should be available, as part of prevention, to allow 
States to enable their juvenile justice systems to impose a 
consequence for every crime. On the whole, Oklahoma's Director 
Jerry Regier, a former OJJDP Administrator, properly notes that 
youth must be held accountable from their earliest signs of 
delinquency, and young people must know ``that when they 
violate the law * * * there will be a consequence to that 
violation.'' The Committee believes that in a time when 
millions of young people receive no discipline from their 
families, the need for graduated sanctions in juvenile court 
has never been greater.
    This does not mean that every offender must be locked up, 
and the requirement in the legislation that 75 percent of the 
formula grant be used for prevention purposes, including 
graduated sanctions, prevents the use of formula grants on 
incarceration. Graduated sanctions can be restitution, fines, 
or community service, for instance, or any other approach that 
will indicate that antisocial behavior will not be tolerated. 
If those sanctions are ineffective for particular individuals, 
then more severe penalties should be imposed after subsequent 
crimes. This approach also lets the system know earlier on who 
the more dangerous youth are, and can remove other offenders 
from the system altogether. The Committee is concerned, based 
on the testimony of young people, that after a young person is 
allowed to commit 10 or 20 offenses without consequence, there 
is little to stop the next offense. Moreover, if a youth 
receives no punishment until serious felonies are committed, 
then the only punishment he will ever receive is for a felony, 
whereas he might never have had to be incarcerated if the court 
had given him a less severe sentence for his earliest crime. 
Failure to impose graduated sanctions in this instance is not 
in the interest of the offender, the victim of the felony, or 
the society that has to pay the cost of secure detention.
    Virginia's Patricia West says that a graduated sanction 
should be ``something that the juvenile views as a tangible 
consequence that we as the system put on them and think is a 
consequence,'' and does not include probation. Rather, it must 
mean taking away something the juvenile enjoys, or requiring 
the juvenile to make an effort.
    Law enforcement approaches can essentially act as graduated 
sanctions as well. For instance, Professor Fox discussed a 
Massachusetts law requiring that a youth possessing a gun be 
incarcerated for 6 months no matter what. Had the 10-year-old 
in Chicago been subject to that law, the 5-year-old might be 
alive today, even if the former still never received any 
punishment until his gun possession arrest. Interestingly, the 
New York Times reports that Boston has had no juvenile murdered 
thus far in 1996 as of August, which the Committee finds to be 
remarkable, and the article suggests that this law may be one 
reason. Professor Blumstein mentioned New York's aggressive 
stop and frisk for gun approach, which punishes kids for 
possessing guns before a violent crime is committed. In 
Charleston, S.C., Chief Reuben Greenberg gives $100 for tips on 
illegal guns, which has the same effect, as well as reducing 
brandishing of weapons for fear of being prosecuted or 
arrested. Graduated sanctions for youth violence reflects no 
more than the knowledge from police techniques in adult crimes, 
which have found that punishing ``minor'' offenses produces 
major declines in more serious offenses. The Committee believes 
that prevention of youth violence can be achieved by applying 
this record to juvenile courts, and that JJDPA funds should be 
available to states who wish to pursue these approaches.

                            d. the mandates

    Under JJDPA, in addition to numerous administrative 
requirements, participating States are required to adhere to 
four core mandates. First, status offenders, youths who commit 
offenses that would not be crimes if committed by an adult, are 
not to be securely detained. Second, States are not to detain 
juveniles arrested for nonstatus offenses in adult lockups, 
except that in rural areas, such detention is permissible for 
24 hours if no acceptable alternative placement is available, 
with certain exceptions. Third, States are to separate juvenile 
offenders from incarcerated adults, and from part-time or full-
time security adult prisoner staff or direct-care staff, which 
OJJDP has interpreted to require sight and sound separation. 
Fourth, States are to ``address efforts to reduce the 
proportion of juveniles detained or confined in secure 
detention facilities, secure correctional facilities, jails, 
and lockups who are members of minority groups if such 
proportion exceeds the proportion such groups represent in the 
general population.''
    The Committee believes that each of the core mandates under 
JJDPA needs to be made more flexible. OJJDP has interpreted 
these mandates too stringently, with results that the Committee 
finds were never contemplated by the JJDPA. Further, it 
believes that many other requirements of the JJDPA that are 
imposed on the States should be eliminated. Moreover, the 
Committee finds that the mandates as currently written and 
interpreted interfere with the imposition of graduated 
sanctions, a result it concludes must change. The Committee 
also believes that JJDPA and OJJDP are directed too much to 
accomplishing the core mandates rather than focusing on 
effective punishment and prevention.
    While the main purpose of the mandates was to protect the 
physical safety of juvenile delinquents in jail, the regulatory 
interpretations of the mandates have unduly hindered the 
functioning of the juvenile justice system. As Barbara Holden 
of the Memphis and Shelby County Community Health Agency told 
the Subcommittee, ``[W]e have done what those strings required 
and I am not sure we have gotten the results and the outcomes 
that we desired and we need to learn from that experience.'' 
The Committee agrees with State legislators, State 
administrators of JJDPA funds, and Governor Sundquist that 
States must be given ``ongoing flexibility'' to meet the 
mandates, ``rather than having a Washington designer prescribe 
a one-size-fits-all model from afar.'' Representative Harwell 
testified, ``Frankly, federal mandates and large bureaucratic 
programs are not working in the local towns and cities across 
Tennessee,'' and the Committee believes this to be true in 
other States as well.
    A number of witnesses testified about the excessive filing 
requirements, including the representative of Big Brothers, who 
found Federal paperwork to be far more difficult to complete 
than funding requests from the State. Professor DiIulio stated 
that there are ``enormous numbers of regulatory weeds that 
strangle initiative, all kinds of bizarre paper-filing, 
imbecilic requirements.'' Mayor Swiney told the Subcommittee, 
``It's possible to administer a program completely out of its 
effectiveness,'' and that is what the Committee believes OJJDP 
has done with these mandates.
    The Committee also believes that the mandates have 
unnecessarily interfered with the effective and efficient 
operation of State juvenile justice systems in general, and 
juvenile correction facilities in particular. Professor 
Blumstein, who served on Pennsylvania's State advisory group 
for 11 years, testified that ``some of the mandates just got in 
the way of effective operation.'' Professor DiIulio described 
OJJDP as ``caught in something of an anti-incarceration time 
warp.'' The situation has become so intolerable that Utah's 
Camille Anthony related, ``State leaders throughout the country 
are questioning whether it is sound fiscal and public policy to 
continue to comply with the costly mandates of a 21-year-old 
juvenile justice act for a return of a relatively few federal 
dollars.'' Indeed, Wyoming has withdrawn from participating. 
Youth rights that lie behind the mandates may not be fully 
protected if States decide to pull out of JJDPA completely.
    The Committee is quite concerned that the 
deinstitutionalization of status offender mandate causes severe 
unintended negative consequences. As many witnesses told the 
Subcommittee, truancy, a classic status offense, is ``a gateway 
behavior leading to delinquency.'' Judge Turner put it well 
when he stated that ``while all truants are not delinquent, all 
delinquents have a history of truancy.'' The current mandate on 
status offenders makes imposing consequences for a behavior 
that is far more serious than it appears unnecessarily 
difficult.
    Judge Deacon testified that he has no place to put status 
offenders because of the mandates. If a runaway or truant is 
placed in nonsecure detention, ``they run back.'' Judge Camp 
noted poignantly, ``They go home and brag to everybody about 
how they beat the system and let you get away with whatever 
they want to get away with.'' Oklahoma's Jerry Regier told the 
Subcommittee, ``the mandates basically have hampered and 
restricted the ability to respond to the status offenders and 
the first-time offenders. We cannot sanction them 
effectively.'' The Committee finds this intolerable, and the 
opposite of how the juvenile justice system should operate.
    In addition, the status offender mandate often works 
against the interests of the offender. Virginia's Patricia West 
testified that these individuals sometimes need to be securely 
detained because of an unstable home setting, truancy 
enforcement, the need to assess the underlying reasons causing 
the running away, and the risk to themselves of incorrigible 
behavior. Additionally, the current status offender mandate is 
impractical in rural areas that lack alternate placements or 
that confront inebriated juveniles.
    The consequences of limiting options to deal with status 
offenders are serious. In Virginia, more than half of status 
offenders were rearrested within 3 years, and 85 percent of 
those were later charged with an offense more serious than a 
status offense. For these reasons, the Committee agrees that 
Senator Grassley is correct in criticizing an OJJDP staff 
comment that securely detaining runaways was a ``hideous 
thought.'' Although the current mandate provides for a valid 
court order exception, the Subcommittee heard testimony that in 
practice, no judge is likely to issue an order that can be 
second-guessed by an administrative official. Yet, many judges 
believe that incarcerating a status offender for a weekend, for 
instance, might be very effective in stopping further 
delinquent behavior. The practical effect of the mandate as it 
is currently administered is that status offenders cannot be 
securely detained. The Committee will not mandate that status 
offenders be detained, but it wants States that choose to do so 
to have some flexibility, while preserving the rights of these 
offenders.
    The Committee believes that the jail removal mandate is 
similarly interfering with the imposition of graduated 
sanctions and is in need of modification. Chief Carson told the 
Subcommittee that under the jail removal mandate, a police 
officer has to stay in the presence of the juvenile, because no 
place satisfying the mandate exists in a rural area to put the 
offender. As Sheriff Oedekoven and Chief Carson rightfully 
complained, if a community has only two or three police 
officers, that mandate ties up a substantial portion of the 
force for a time with little benefit, harming the entire 
community. As a result, ``you begin to find officers ignoring 
juvenile crime, as they often can, until it becomes a most 
serious matter.'' Once again, the Committee finds this to be 
the opposite of how the juvenile justice system should 
function. As Chief Carson said, ``By eliminating even short-
term secure detention, you have to remove the early 
intervention catalyst that brought together the forces that 
could provide earlier identification and assistance.'' Due to 
this mandate, juveniles learn what they can get away with 
without consequence. As Chief Carson stated, ``In many cases 
when responding to [a] call involving a juvenile, the offender 
will quote to the officer exactly what the officer can and 
cannot do, along with saying, `You can't lock me up' and `All 
I'll get is probation.' ''
    Wisconsin's Ray Luick believes that detention should be 
permissible in rural areas for up to 72 hours, which is not a 
major change from current law if the weekend and holiday 
exception is considered. Detention space that would satisfy 
OJJDP simply is not often available in rural areas. Oklahoma's 
Jerry Regier testified that some judges waive property 
offenders to adult court (in which case the mandate does not 
apply) because there is no detention space available, which 
results in a cure worse than the disease. Youths are 
transported long distances in many instances under the current 
law, only to then be returned a few days later. Virginia's 
Patricia West told the Subcommittee that the jail removal 
mandate in rural areas means that the youth, if detained, is 
confined outside the community. Given the hassles, many 
departments choose not to arrest juveniles, which sends the 
wrong message. Mr. Luick testified that Wisconsin has both a 
high juvenile arrest rate and a low juvenile crime rate. The 
Committee believes that this is not a coincidence. Chief Carson 
testified that a 72-hour exception to the jail removal mandate 
would make police more willing to ``make the arrest, make the 
citation, and get the system started for the juvenile now 
before it gets too serious.'' The Committee wishes to change 
the law so that States will not face incentives not to arrest.
    The Committee also heard testimony that the separation 
mandate should be changed. Clearly, the Committee agrees with 
Colorado's William Woodward that having adults in close 
proximity to youth can increase the risk of violence to 
juveniles, the risk of suicide, and potential liability to law 
enforcement officials, as well as exposing juveniles to a 
dangerously influential criminal element. Nonetheless, Sheriff 
Oedekoven testified that under OJJDP regulations, this mandate 
prohibits even haphazard contacts between adults and juveniles. 
Separate staff must be maintained, so that ``an officer 
stationed in a guard tower cannot flip a switch to open a cell 
block door for an adult inmate during the same shift in which 
he opened a door for a juvenile.'' He stated that ``Congress 
should re-examine the role of the OJJDP and reign [sic] in 
their rulemaking authority.'' Virginia's Patricia West 
testified how difficult it is to avoid even haphazard contact, 
and stated that the most serious harm likely occurs only if 
juveniles are actually housed with adult offenders.
    OJJDP also ordinarily interprets the sight and sound 
separation mandate to preclude collocated facilities. 
Wisconsin's Ray Luick testified that such facilities permit the 
shared use of educational and recreational facilities that 
otherwise would not be available to juveniles, and he 
recommended that the JJDPA be modified to permit shared staff 
and collocated facilities.
    The Subcommittee also heard testimony that the 
disproportionate minority confinement mandate should be 
changed. Utah's Camille Anthony stated that this mandate ``is 
inappropriately placed on the juvenile justice system.'' She 
believes that ``states cannot comply with it in its present 
form.'' Oklahoma's Jerry Regier testified that youths are 
arrested for their acts, rather than their race. He suggested 
that the answer to the problem of disproportionate minority 
confinement is ``to ensure prevention monies get to the right 
neighborhoods and families so we can actually reduce the 
percentage of African-Americans coming into the system.'' Such 
an approach is consistent with the ABA's Robert Schwartz, who 
states that under this mandate in Pennsylvania, ``state and 
local partnerships have used formula grants to introduce 
intensive prevention programs in high-crime areas with large 
minority populations.''
    Under current law, States are penalized for noncompliance 
with the mandates. Judge Turner testified that OJJDP should not 
penalize States with a loss of 25 percent of their funding for 
each mandate not complied with. And Virginia's Patricia West 
stated that this penalty, combined with the requirement that 
the remainder of the formula grant allocation be used to comply 
with any mandate a state does not satisfy is ``unnecessarily 
punitive.'' She indicated that States may want to fund 
multiyear pilot prevention programs, and funding for these 
programs may be cut off in midstream, no matter how effective 
the program, if the State temporarily is out of compliance with 
a mandate. In any event, the GAO's Laurie Ekstrand found that 
OJJDP conducts little monitoring for compliance with the 
mandates. GAO found that OJJDP conducted 29 such on-site 
monitoring visits in the three years 1993-95, rather than the 
171 that would have been conducted if OJJDP had adhered to its 
policy of annual visits for each State.
    Finally, States are currently required as a condition of 
receiving JJDPA funds to set up a State Advisory Group, and the 
statute prescribes many conditions a State must satisfy in 
setting up the advisory group. In addition, the State must 
spend a certain portion of its JJDPA allocation on the advisory 
group. Utah's Camille Anthony testified that these requirements 
were burdensome. She believes that many States receive little 
of value from these advisory groups. She also found that some 
of the membership requirements were impractical, such as 
including young people who may be in school and have difficulty 
in obtaining transportation to the meetings. In lieu of State 
advisory groups, she suggested that Congress ``allow States to 
determine the appropriate mechanism by which these funds should 
be distributed and the board that makes that decision. * * *''

               e. research, evaluation, and dissemination

    OJJDP was established in large part to be the Federal 
Government's research arm into juvenile delinquency and to be a 
resource to States on effective programs and techniques to 
address the problem. This meant that OJJDP would undertake its 
own research and evaluation efforts but that it would also 
disseminate to the States the results of well-considered 
evaluation and research studies performed by others. Given the 
juvenile delinquency problem of the time, Congress was 
farsighted in the creation of this function. Unfortunately, the 
Committee believes that OJJDP has failed to fulfill the promise 
of determining effective programs. Indeed, the Committee 
believes that we know little more of what is effective today 
than we knew two decades ago, putting to one side how to 
address the very different youth violence problem that exists 
today. At the Subcommittee's oversight hearing, for instance, 
witnesses were able to identify only a few OJJDP-funded 
programs that had been evaluated to be effective. This was true 
notwithstanding OJJDP's publication of a list of programs 
purported to be effective, only a small number of which had 
ever been evaluated.
    The Committee believes that it is an urgent priority that 
the research and evaluation mission that was intended for OJJDP 
22 years ago actually be performed. Everyone knows that youth 
violence is a serious national problem, but little is known 
about successfully preventing those crimes or intervening to 
make young criminals turn away from their offending. Professor 
Blumstein testified that existing research findings ``reflect 
only a tiny portion of what we need to know to make effective 
policy and operational decisions'' and that we are ``at an 
extremely primitive stage of knowledge regarding violence.'' 
One major deficit in the existing research is its frequent 
focus on one site or setting, rather than a determination of 
whether a particular approach can be generalized to a larger 
population base, he indicated. Professor Blumstein told the 
Subcommittee that while some work has been done to determine 
the effectiveness of intervention programs, little research 
into effective prevention is available because of the lengthy 
time periods required to measure the effectiveness of 
prevention programs.
    Numerous witnesses concurred that the primary 
responsibility for the operation and effectiveness of the 
juvenile justice system lies with State and local governments. 
Nonetheless, a consensus among witnesses developed that 
conducting research and evaluation of programs designed to 
combat youth violence is a proper Federal function. Professor 
Blumstein concluded that States are unlikely to focus on such a 
public good when its benefits would be dispersed so widely. 
Even if States did conduct such research, the results would not 
reflect the effectiveness of a program upon a broad range of 
populations, which is a critical research need. Further, only 
the Federal Government is likely to conduct such comprehensive 
research due to its cost, although economies of scale would be 
available at the Federal level.
    To be sure, OJJDP currently conducts research, and some of 
the witnesses praised some of its research. Nonetheless, OJJDP 
emphasizes how much of its resources are returned directly to 
the States, implicitly recognizing that little of its budget is 
directed to research and evaluation. And the quality of much of 
its research work is subject to criticism. Dean Schwartz, a 
former OJJDP Administrator, remarked that ``OJJDP still does 
not have a focus and coherent research and development agenda. 
Because of this, resources have been squandered and little 
knowledge has been advanced in key areas.''
    Witnesses agreed not only that the quality of Federal 
research must be improved, but that the budget for such 
research must be increased as well. Professor Blumstein 
contrasted the OJJDP youth violence research budget of under 
$20 million with NIH's budget, which is nearly 1000 times 
larger. ``It is clear that the research expenditures in this 
area are profoundly inconsistent with the magnitude of the 
problem, with the resources being expended to address the 
problem, and with the resources committed to other comparably 
important National issues.''
    Witnesses appearing before the Subcommittee raised urgent 
and serious issues in youth violence in research that would be 
appropriate subjects for Federal research efforts. Professor 
Blumstein discussed the paucity of information concerning the 
development of violent career criminals and how that 
development relates to family environments. Dean Schwartz 
agreed that little is known concerning the prevention of 
serious chronic and violent behavior. Professor Blumstein also 
listed as necessary research issues the effect of community 
conditions such as social isolation on juvenile violence, gang 
violence, drug markets, and gun markets. Additionally, research 
is needed into what intervention programs successfully 
socialize offenders, and how the juvenile justice system can 
control illegal guns and drugs. Dean Schwartz finds that 
research is needed into the effectiveness of applying adult 
sentencing practices on juveniles and in identifying effective 
programs, with reference to particular types of youth in 
particular circumstances. He also thinks the relationship of 
substance abuse to youth crime needs further study.
    In addition to directing research into basic questions such 
as criminal history progression and the effects of trying 
youths as adults, witnesses such as Professors Thornberry and 
Elliott agreed that rigorous evaluation research should be 
conducted on various prevention programs to determine if such 
programs are effective. Professor Elliott believes that too 
much of what OJJDP spends on evaluation does not actually 
determine the effectiveness of programs, but only whether a 
program delivers the services that it said in its grant 
application that it would provide. The GAO's Laurie Ekstrand 
found that the evaluations OJJDP conducted for its 
discretionary grants were of exactly that process-oriented 
character. Too often, recipients of Federal prevention grants 
make well-meaning but unsubstantiated claims that their 
programs are successful. The Committee agrees with Professor 
Wolfgang that self-congratulatory anecdotal claims of success 
should be discounted.
    Peer-reviewed evaluations are the only means of determining 
which prevention programs actually are worth funding. To study 
effectiveness, individual programs need to be tested in 
different locations with different youths and different staffs 
for a lengthy time period. Such evaluation is expensive. 
Professor Elliott told the Subcommittee that ``the evaluations 
we are talking about here cost as much as the annual budget for 
most of these programs.'' Yet, less comprehensive evaluations 
will produce little new knowledge of successful approaches to 
reduce what is perhaps the country's most significant problem.
    Witnesses such as Professors Thornberry and Elliott agreed 
that if JJDPA were turned into a block grant program, no such 
comprehensive evaluations would occur. States would spend the 
money without having any base of knowledge whether the money 
was spent on effective programs. They thought that scenario 
should be avoided.
    Of course, not all research will produce evidence of 
successful approaches. However, as Professor Thornberry noted, 
identifying programs that do not work is as important as 
identifying successful programs. Indeed, some research in this 
area has identified programs that are not only not effective, 
but are actually harmful. States need to know which programs 
their formula grants should not support.
    To do so, Dean Schwartz and Professor Wolfgang maintain 
that OJJDP needs to do a better job in disseminating to the 
States the result of research and evaluation efforts. Dean 
Schwartz mentioned that OJJDP should provide the States with 
more policy-relevant information, such as the studies that 
suggest that juveniles who go to adult prison are more likely 
to commit crimes upon their release than similarly situated 
juveniles who are sent to juvenile facilities. Once effective 
programs are identified, Professors Elliott and Wolfgang 
suggested that States be given incentives to implement 
successful programs and not to fund unsuccessful ones.
    Professors Blumstein and Elliott also stressed the 
importance of the Federal Government's provision of training 
and technical assistance to the States, once it has been 
determined that there are effective techniques and evaluations 
that have been carried out. Professor Elliott mentioned that 
OJJDP now has 8 grants for data collection, and funds 24 
agencies for technical assistance, which should be better 
coordinated.
    The call at the hearings for additional research was not 
made by academics alone. Colonel Gordon indicated that no one 
knows whether various programs are effective, and thought that 
``the best thing the Federal Government could do is provide 
research for that effort. * * *'' Judge Deacon described the 
Federal Government's providing of research and training as 
``one of the real critical needs.'' A Tennessee youth detention 
center administrator agreed. And Utah's Camille Anthony 
indicated that if JJDPA is to be reauthorized, OJJDP ``should 
concentrate on assisting States with the development of 
effective prevention programs.''

                        f. discretionary grants

    In addition to providing formula grants, enforcing the 
mandates, conducting research, and providing technical 
assistance and disseminating information to the States, OJJDP 
currently administers discretionary grants. The Committee 
believes that these discretionary grants are in need of major 
restructuring. It agrees with Tennessee's Barbara Holden that 
too much Federal antidelinquency spending results from 
``design[ing] programs and t[ying] government dollars to 
problems which are the most pressing at that time. It seems to 
make little difference that these programs repeatedly fail to 
make the gains that we hope to accomplish through them.''
    Because OJJDP's research and evaluation efforts have been 
unsatisfactory over the years, OJJDP today funds tens of 
millions of dollars of discretionary grants without any 
assurance that those funds will reduce youth violence. Current 
law makes States agree to fund federally designed projects in 
order to qualify for Federal funds, whether these projects are 
the State's primary youth violence problem or whether the 
program will make a positive difference. The Committee firmly 
believes that the Federal Government, including the Congress, 
needs to cease its current mindset that simply creating and 
funding a Federal youth violence program equates with 
ameliorating the problem.
    Too much of OJJDP's current practices involve funding and 
administering without regard to whether its actions lead to 
effective punishment or prevention. Not only does its myopic 
interpretation of the mandates cause unnecessary expense for 
States without results, but too many of its discretionary 
grants are designed to further extend the reach of the mandates 
seemingly for their own sake. Dean Schwartz encouraged the 
Congress to turn JJDPA's attention away from the mandates and 
use OJJDP's discretionary funds for more pressing juvenile 
crime control and prevention issues.
    Even more serious, too much of OJJDP's discretionary grants 
are used for programs that are not known to be effective, and 
that may even be detrimental. For instance, JJDPA funds a 
discretionary grant program for mentoring. Yet, according to 
Professor Wolfgang, ``the majority of these mentoring programs 
do not work.'' Professor DiIulio is on the board of Public-
Private Ventures, which conducted a study showing the 
effectiveness of the Big Brother/Big Sisters program. However, 
that evaluation focused on the specific differences in that 
program that distinguished it from other mentoring programs. In 
fact, the Committee is aware of evaluations of certain 
mentoring programs that increased juvenile crime by exposing 
youth to mentors who were negative influences, compared with a 
control group.
    Similarly, OJJDP administers a discretionary grant program 
under JJDPA that supposedly combats gang activity. Professor 
Wolfgang has studied the evaluation literature of gang 
education programs designed to prevent young people from 
joining gangs, as well as other programs designed to work with 
existing gang members. He told the Subcommittee that 
evaluations of gang education programs showed only that they 
had changed attitudes, but that programs like Gang Resistance 
and Education Training [GREAT] ``had virtually zero impact'' in 
actually reducing gang membership. Programs that worked with 
gang members did not reduce gang membership or gang-related 
crime. In certain instances, he related, ``negative effects 
such as increased delinquency were observed.'' Professor 
Elliott noted that the Government is funding ineffective 
programs and ``[i]t doesn't seem to bother us. We have got very 
popular programs going on right now * * * that we have at least 
fairly good evidence aren't working that we are still spending 
money on.'' The Committee strongly concludes that JJDPA and 
OJJDP should not fund programs labelled as ``anti-gang'' or 
``mentoring'' programs that at best are a waste of money and at 
worst actually increase delinquency.
    The problem is growing. GAO found that OJJDP has funded 162 
new discretionary grants in recent years. Without knowing the 
effectiveness of these programs, it seems that OJJDP's current 
uses of discretionary funds to treat juvenile delinquency can 
be compared to the use of bleeding to treat disease two 
centuries ago.
    The Committee believes that this is the greatest current 
problem in Federal crime prevention funding. A recent GAO 
report found that the Government funds 131 programs designed to 
prevent youth crime at a cost of $4 billion. GAO found that 
substantial duplication may exist in the types of programs and 
the target population. So many programs exist that even top 
OJJDP staff, the agency that by statute is supposed to 
coordinate the Federal Government's delinquency prevention 
effort, understandably did not know of the existence of some of 
the programs. Moreover, these programs have been designed and 
funded with strict Federal rules that are not required to 
guarantee effectiveness, but because someone arbitrarily 
decided they should exist. In addition, Professors Elliott and 
Wolfgang told the Subcommittee that many of these 131 Federal 
antidelinquency programs are ``involved in things that we have 
got pretty good evidence aren't effective.''
    Fixing this overall problem is beyond the scope of 
reauthorizing the JJDPA. Nonetheless, the Committee believes 
that the Federal Government has made a serious mistake in its 
juvenile crime policy. It has mandated that States spend money 
for particular programs without having any idea whether these 
programs are effective. In the next Congress, committees with 
oversight jurisdiction should examine whether federally funded 
antidelinquency programs are duplicative and effective. The 
Committee believes that it is appropriate for Federal resources 
to fund effective crime prevention, not necessarily any social 
spending labelled as such. Because of the lack of knowledge and 
the Federal Government's poor track record in this area, the 
Committee hesitates to spell out specific crime prevention 
programs for States to implement or specific crime prevention 
programs that should receive funding from discretionary grants.
    The Committee found that OJJDP's discretionary grants are 
used in other ways that are unrelated to effective crime 
prevention. For instance, Dean Schwartz explained, too much of 
OJJDP's discretionary funds are tied up in earmarks and set-
asides to organizations that, while worthy and important, were 
not intended to be the beneficiary of OJJDP's limited 
discretionary funds. Congress has written into the statute an 
earmark for the National Council of Juvenile and Family Court 
Judges, for instance. As Dean Schwartz told the Subcommittee 
and Professor Elliott concurred, ``[I]f just $20 million of the 
$40 million that went to the National Council of Juvenile and 
Family Court Judges might have been targeted for critical 
research trying to address the prevention issue for chronic 
delinquents or preventing serious violent behavior, we might 
not be in this position that we are in today. You can make a 
very good argument that judicial training ought to be a state 
and local responsibility. * * *''
    Moreover, he suggests that discretionary grants be freed 
up, and the money used to fund a set of prioritized national 
issues in research in the field. He also advocates that the 
discretionary funds be awarded competitively. The Committee 
agrees.
    A further problem concerning OJJDP's discretionary grants 
brought to the Committee's attention is their direction to 
programs that are not innovative. Professor Elliott remarked 
that the creative programs in this area that have been funded 
over the past 10 years have not come out of OJJDP. In fact, a 
number of academics have told the Subcommittee that one large 
discretionary grant program is based on knowledge that is far 
from innovative and has essentially created a cottage industry 
for the provision of technical assistance to grant recipients.
    Dean Schwartz testified, ``[O]ver the years there has been 
a steady decline in the stature, influence, and respect of the 
OJJDP. The Office is not reviewed [sic] as a credible resource 
to elected public officials and juvenile justice professionals. 
* * *'' The Committee reluctantly concludes that OJJDP's 
difficulties with rigidly enforcing an impractical 
interpretation of the mandates, its failure to conduct quality 
evaluation and disseminate useful information to the States, 
its funding of discretionary grants of dubious value, and the 
pressing need for more research and evaluation into effective 
approaches to preventing and controlling youth violence, 
require a restructuring of the Office.
    The Committee views S. 1952 as making the changes in the 
reauthorization of JJDPA that were recommended by the witnesses 
who appeared, witnesses who reflected expertise in criminology 
as well as vast experience with the practical administration of 
existing statutory provisions. The Committee does not consider 
S. 1952 to be a panacea for the very serious youth violence 
problem now facing the country. It does, however, believe that 
S. 1952 establishes a useful role for the Federal Government to 
assist States and localities to carry out their 
responsibilities to prevent, prosecute, and punish youth 
violence.

                       IV. Vote of the Committee

    On August 1, 1996, with a quorum present, the Senate 
Committee on the Judiciary by voice vote ordered S. 1952 
favorably reported.

                     V. Section-by-Section Analysis

                         SECTION 1. SHORT TITLE

    This section sets forth the short title of the legislation, 
``The Juvenile Justice and Delinquency Prevention Act of 
1996.''

                         SECTION 101. FINDINGS

    This section rewrites the findings of the current 
legislation. Youth violence figures are updated. The findings 
reflect that younger persons are committing violent acts and 
that if current trends continue, given the increase in the 
youth population over the next several years, youth violence 
will dramatically increase unless effective prevention and 
control strategies are adopted. This section also finds that 
illegitimacy, the decline of marriage, welfare dependence, and 
youth violence are closely interrelated, as are child abuse and 
neglect and youth violence. Further, the section adds findings 
that increased drug abuse has led to increases in child abuse 
and youth violence, and that child welfare agencies fail to 
break the cycle between abuse and delinquency. Additionally, 
this section finds that the juvenile justice system fails to 
protect the public from violent youths, particularly because it 
fails to impose certain and graduated punishments. This section 
also finds that existing Federal programs have not provided the 
research and evaluation necessary to determine which programs 
are effective in preventing youth violence. Further, the 
section finds that current mandates in the legislation have 
been administered too inflexibly, and have made the Office of 
Juvenile Justice and Delinquency prevention too focused on 
issues unrelated to preventing or punishing youth violence. 
This section eliminates findings in current law concerning 
services to juveniles, Federal leadership, rehabilitation, and 
public recreation and self-esteem.

                         SECTION 102. PURPOSES

    This section adds new purposes to the Juvenile Justice and 
Delinquency Prevention Act. The section adds that scientific 
evaluation into effective means of preventing youth violence is 
now a purpose of the legislation, as is assisting the States in 
punishing and controlling youth offenders. Purposes in existing 
law to develop national standards, strengthening families, and 
removing youths from local jails are eliminated.

      SECTION 103. JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT

    This section makes changes to title II of the Juvenile 
Justice and Delinquency Prevention Act. This section amends 
section 201 of JJDPA by changing the name of the Office of 
Juvenile Justice and Delinquency Prevention to the Office of 
Youth Violence Reduction. The Administrator of the office would 
no longer be a Presidential appointee, but rather a career 
appointee who has experience in juvenile justice programs. The 
Administrator has the authority to prescribe regulations 
consistent with the Act to award, administer, modify, extend, 
terminate, monitor, evaluate, reject, or deny all grants and 
contracts from, and applications for, funds made available 
under this title.
    This section also amends section 204 of JJDPA to require 
the Administrator to submit his plan for Federal juvenile 
delinquency prevention programs to the Congress, rather than 
the current requirement of consulting with the Coordinating 
Council of Juvenile Justice and Delinquency Prevention. In 
addition, the Administrator is given the role of reducing 
duplication among Federal juvenile delinquency programs and 
activities conducted by Federal departments and agencies. In 
submitting his plan to the Congress, the Administrator should 
inform Congress which Federal programs appear duplicative, and 
which programs appear to be ineffective based on evaluations 
conducted by the Federal Government or nonprofit entities. Most 
of the Administrator's current responsibilities set forth in 
section 204 are eliminated.
    This section strikes section 206, the Coordinating Council 
on Juvenile Justice and Delinquency Prevention. The Committee 
believes that the Council meets infrequently, despite prior 
congressional attempts to increase its activity. The Committee 
also believes that the Council does not effectively coordinate 
Federal antidelinquency programs, as evidenced by a recent 
report of the U.S. General Accounting Office.
    This section also strikes portions of current section 207 
of JJDPA, now redesignated section 206, that refer to the 
Council. It also eliminates the requirement that the 
Administrator report on State compliance with State plans under 
JJDPA. Additionally, the section requires the Administrator to 
report on scientifically evaluated and demonstrated effective 
delinquency prevention programs. The Committee finds that the 
current law's requirement that the Administrator identify 
``exemplary'' prevention programs serves no useful purpose if 
those programs have not been scientifically determined to be 
effective.
    This section amends section 221 of JJDPA by eliminating the 
Administrator's authority to evaluate programs and to issue 
grants to implement State plans. Evaluation functions under 
JJDPA will now be under the exclusive domain of the National 
Institute for Juvenile Justice and Delinquency Prevention. This 
section also eliminates the requirement in section 221 of JJDPA 
that recipients of technical assistance coordinate their 
activities with State advisory groups.
    This section amends section 222 of JJDPA by eliminating 
references to parts D and E of JJDPA. Additionally, references 
to earlier fiscal years are changed to authorize appropriations 
for the next 4 fiscal years. Further, the section removes the 
requirement in section 222(d) of JJDPA that 5 percent of the 
minimum annual allocation to any State be made available to 
assist the State advisory group.
    This section substitutes new language for section 223 of 
JJDPA. States would no longer be required to submit 3-year 
State plans to the Administrator and demonstrate progress in 
implementing those plans. States would also no longer be 
required to establish State advisory groups. States would be 
permitted to establish State advisory groups, and if they 
choose to do so, may choose to adhere to all, some, or none of 
the requirements for those groups now contained in section 223 
of JJDPA. This section also eliminates the current requirements 
in section 223 of JJDPA that State plans contain various 
analyses, distribute funds in various ways, provide for certain 
rights protections, and establish various other plans.
    This section provides that for States to be eligible to 
receive formula grants, they must spend at least 75 percent of 
the formula grants for preventive and nonincarcerative 
intervention, including drug and alcohol treatment activities, 
and programs that encourage courts to develop and implement a 
continuum of post-adjudication restraints that bridge the gap 
between probation and confinement in a correctional facility, 
including graduated sanctions for youth offenders, and for 
implementing a system whereby every offender receives some 
sanction for every crime, except that such funds cannot be used 
for purposes that the National Institute for Juvenile Justice 
and Delinquency Prevention determines do not prevent or reduce 
youth violence. To comply with this requirement, States may 
spend funds to become able to impose various graduated 
sanctions, but that term does not include correctional 
facilities, although States may use the other 25 percent of the 
formula grants for these purposes. Present law imposes a 75-
percent requirement for spending on a narrower range of program 
options. Since the imposition of punishment in additional cases 
may constitutionally require that more youth receive access to 
counsel, States may use funds for graduated sanctions for this 
purpose. This section permits States to use funds for any 
preventive purpose that NIJJDP determines not to be 
ineffective. For this reason, this section eliminates the long 
list of activities that under current law satisfy this 
requirement of section 223, since many of these may not be 
effective in preventing youth violence or imposing graduated 
punishments or some sanction for every crime.
    This section also requires that States provide for the 
keeping of records by recipients of formula grants so that 
NIJJDP can monitor whether the use of the funds has prevented 
or reduced youth violence.
    This section requires that States, as a condition for 
receipt of formula grants, ensure that juveniles who are 
charged with or who have committed offenses that would not be 
criminal if committed by an adult (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), or alien juveniles in custody, or such nonoffenders 
as dependent or neglected children, shall not be placed in 
secure detention or secure correctional facilities, except that 
the juvenile or family court may detain, after a hearing, in a 
secure detention facility for a limited time not to exceed 72 
hours, a runaway, truant, or incorrigible youth, if the youth 
either (1) received a previous official court warning that an 
additional instance of such behavior would result in the secure 
detention of that youth or (2) the chronic behavior of the 
youth constitutes a clear and present danger to the physical or 
emotional well-being of the youth or the physical safety of the 
community, if the juvenile's detention is not longer than the 
time necessary to eliminate such danger and secure detention is 
the least restrictive means available for guarding the safety 
of the youth or the community. Under existing section 223 of 
JJDPA, status offenders as a practical matter cannot be 
securely detained. This section would allow, but would not 
mandate, that States could securely detain chronic status 
offenders for up to 72 hours if they had received a prior 
judicial warning that such result would follow continued 
commission of status offenses. States are encouraged to provide 
assistance to such youth during this period. In addition, 
States could, but would not be forced to, securely detain 
status offenders whose chronic behavior poses a threat to their 
own safety or public safety, as might be the case for chronic 
runaways who are found at late hours living on the street.
    This section also establishes a condition for State receipt 
of formula grants that an annual report be submitted to the 
Administrator describing compliance with section 223 of JJDPA 
and containing a review of the progress in deinstitutionalizing 
status offenders under the revised section 223. This is 
necessary so that the Administrator can determine if the State 
is complying with the statutory conditions for receipt of 
formula grants.
    This section amends the separation mandate by prohibiting 
only the regular contact of adults and juveniles. This section 
amends the requirement that direct-care and management staff 
cannot be shared to permit such sharing if the staff has been 
properly trained and certified by the State to deal with 
juvenile offenders, and staff is not dealing directly with both 
adult and juvenile prisoners in the same shift. ``Regular 
contact'' means that youth may not be in sight or sound contact 
with adults when in residential confinement, but that 
incidental contact in common areas is permissible if reasonable 
efforts, such as curtains and blackened windows, are used to 
separate adult and juvenile offenders, including in spaces for 
processing accused offenders. This section also permits the use 
of collocated facilities if such steps are taken. Staff that 
has no role in direct care or management of youth offenders, 
such as cooks, may be shared in the same shift. In addition, 
direct-care and management staff may be shared between youths 
and adults so long as the State has provided training and 
certification on dealing with juvenile offenders, and such 
staff does not deal directly with both adults and juveniles in 
the same shift. No specific form of good-faith training and 
certification is required.
    This section amends the jail removal mandate of section 223 
of JJDPA. States could receive formula grants while permitting 
the detention or confinement of juveniles in a State-approved 
operation of a county jail or secure detention facility for up 
to 72 hours if there is compliance with the separation mandate 
as revised and the facility is located outside a metropolitan 
area where no existing acceptable alternative placement is 
easily accessible, rather than the current standard of 
``availability.'' This section eliminates exceptions to the 
current jail removal standard that are no longer necessary as a 
result of the amended language.
    This section amends the disproportionate minority 
confinement mandate contained in section 223 of JJDPA. The new 
standard requires only that States address prevention efforts 
to reduce the proportion of minority group members who are 
securely detained if such proportion exceeds the group's 
proportion in the general population, and that they adhere to 
the requirement codified at section 3789d(b) of 42 U.S.C. This 
change addresses the concern that the existing language of this 
mandate, reasonably can be read to have unintentionally 
required that quotas be imposed on the locking up of 
individuals based on their race rather than their conduct. To 
comply with the new language, States would have to ensure that 
at least some of their prevention money was spent in areas 
where minority groups were concentrated if those groups were 
being securely detained in proportions greater than their 
proportion of the general population. Supporters of the current 
language of this mandate testified that that was their 
understanding of existing law.
    This section changes the penalty provisions of existing 
section 223 for failing to comply with various mandates. If a 
State fails to comply with any one of the following mandates: 
status offenders, separation, jail removal, or minority 
overrepresentation, the Administrator shall reduce the State's 
formula grant allocation by 25 percent. States could continue 
to spend the remainder of their formula grant on the purposes 
permitted under section 223, and would not need to use those 
funds to come into compliance with that mandate. If a State 
failed to comply with more than one of those four mandates, 
then it would lose 50 percent of its formula grant funding, and 
could use the remaining 50 percent for the crime prevention 
activities permitted under section 223. States could thus 
receive 50 percent of their formula grant amounts even if they 
complied with none of these four mandates. This section 
prohibits the imposition of penalties on States that fail to 
comply with the mandates of section 223 if those States have 
enacted legislation conforming to those requirements that 
contains enforcement mechanisms sufficient to ensure that such 
legislation is enforced effectively. OJJDP can determine 
whether there is effective enforcement either because the State 
law in fact results in near total compliance with the mandates 
or because available administrative or judicial remedies 
effectively enforce State laws that adopt the same standards as 
contained in section 223.
    This section also amends section 241 of JJDPA to move the 
National Institute of Juvenile Justice out of the Office of 
Youth Violence Reduction and into the Office of Justice 
Programs. The head of NIJJDP will be denominated the Director 
of Juvenile Justice and Delinquency Prevention, a position that 
shall be filled through Presidential appointment with the 
advice and consent of the Senate from among individuals who 
have had experience in juvenile justice programs or experience 
in scientific research. The required experience in scientific 
research need not be in the field of juvenile justice. This 
section adds as purposes of NIJJDP to provide for the rigorous 
and independent evaluation of the delinquency and youth 
violence prevention programs funded by the formula grants and 
to provide funding for research and demonstration projects on 
the nature, causes, and prevention of youth violence and 
juvenile delinquency. The purpose of these changes is to make 
sure that the programs formulated under the formula grants can 
be scientifically and independently evaluated to determine 
their effectiveness. The statute does not provide sufficient 
funds to result in the evaluation of all formula grant funded 
programs, but the Director should evaluate a mix of programs in 
a variety of locales among a diverse group of youth so that 
knowledge can be gained about the evaluation of types of 
programs as well as individual approaches. This section removes 
the Director's role with the State advisory groups, including 
the provision of technical assistance. This section also 
directs NIJJDP to make grants and enter into contacts to 
evaluate programs funded by State formula grants as well as to 
evaluate the projects it funds itself, and to fund research 
projects. This section requires that these evaluations and 
research studies be independent, awarded competitively, and 
employ rigorous and scientifically recognized standards and 
methodologies, including peer review by nonapplicants. The 
Committee's desire is to enhance the professionalism and 
quality of work product conducted by NIJJDP, with NIH, NSF, and 
similar Federal research agencies as models.
    This section amends section 243 of JJDPA by eliminating 
references to programs that strengthen and preserve families, 
due to the questionable nature of such programs as a matter of 
policy and effectiveness. This section also directs that the 
technical assistance provided by NIJJDP be of the best 
practices, instead of simply providing technical assistance as 
under current section 244 of JJDPA. Rather than encouraging the 
development of programs to take into account life experiences 
of offenders, this section directs NIJJDP to develop, through 
research and evaluation, studies concerning effective methods 
for preventing and intervening in juvenile delinquency, 
including studies of the effectiveness of waiving juveniles 
into adult court and risk prediction, with particular reference 
to the circumstances of the youth and staff involved that make 
a particular program successful or unsuccessful. Further issues 
for research by NIJJDP are identified in the discussion portion 
of this report and through section 301 of the legislation. This 
section also directs NIJJDP to disseminate the results of what 
NIJJDP learns about effective programs and research into youth 
crime and other data collection. NIJJDP is also to disseminate 
regular reports on the record of each State in combatting youth 
violence, such as the number, rate, and trend of homicides and 
other serious crimes committed by youths. In this way, States 
can be held accountable for whether they are using crime 
prevention funds wisely, and States can learn which States are 
operating programs that might be effective for use in their own 
States. Provisions in this section concerning NIJJDP's 
authority to undertake studies into subjects covered by the 
mandates in section 223 of JJDPA are eliminated.
    This section strikes section 244 of JJDPA concerning 
technical assistance, section 245 on training programs, 246 on 
curriculum for training programs, 247 relating to participating 
in training programs and State advisory group conferences, and 
248 on special studies and reports. NIJJDP is authorized 
instead to provide the best practices for technical assistance, 
primarily by informing States of what methods and programs have 
been scientifically demonstrated to be effective.
    This section also strikes section 261 of JJDPA, special 
emphasis prevention and treatment programs. The programs 
currently listed in this section either concern the mandates 
and are thus unrelated to punishing or preventing youth 
violence, can be funded by State formula grants if States so 
choose, or have not been demonstrated to be effective in 
preventing youth violence.
    This section also redesignates present section 262 of JJDPA 
as section 244, and adds factors the Director must consider in 
determining whether or not to approve applications for grants 
and contracts for research and evaluation that are designed to 
improve the scientific validity of the research conducted. 
These include whether the project uses appropriate and rigorous 
methodology, including appropriate samples, control groups, 
psychometrically sound measurement, and appropriate data 
analysis techniques, the experience of the principal and 
coprincipal investigators in the area of youth violence and 
juvenile delinquency, the protection offered human subjects in 
the study, including informed consent procedures, and the cost 
effectiveness of the proposed project. Quality of the research 
is further enhanced by this section's requirement that NIJJDP 
select grant and contract recipients only after a competitive 
process that provides potential applicants with at least 90 
days to submit applications for funds, after the applications 
are subject to formal peer review by qualified scientists with 
expertise in the fields of criminology, juvenile delinquency, 
sociology, psychology, research methodology, evaluation 
research, statistics and related areas. The peer review process 
is to conform to the process used by NIH, NIJ, or NSF.
    This section strikes Part D of title II of JJDPA, 
concerning Gang-Free Schools and Communities and Community-
Based Gang Intervention. Leading criminologists have determined 
that programs such as these have not been found to be 
effective, and in some cases may cause delinquency, as 
mentioned in the discussion section of this report, so the 
Committee has determined that they should not be funded. These 
grants may also not be relevant to many States as a priority, 
and force States to adhere to particular requirements that may 
not be effective or useful to particular States' problems as 
well.
    This section strikes part E of title II of JJDPA, 
concerning State Challenge Activities. This part currently 
provides States an additional 10 percent of their formula grant 
award for conducting challenge activities the State chooses to 
engage in. Many of these grant activities are unrelated to 
preventing or punishing youth violence, such as, but not 
limited to, the mandates in section 223, and the prevention 
programs have not been determined to be effective. States may 
choose to fund the prevention programs out of their formula 
grants if they believe them to be worthy.
    This section also eliminates part F of title II of JJDPA, 
treatment for juvenile offenders who are victims of child abuse 
and neglect. This part has never been funded, and the Committee 
believes that the Victims of Child Abuse Act that is 
reauthorized by this legislation is effective in removing 
abused children from abusive and criminogenic family settings.
    This section also eliminates part G of title II of JJDPA, 
mentoring. As noted above, expert criminologists have concluded 
that most mentoring programs are ineffective, and some may even 
foster delinquency. States may use their formula grants to fund 
mentoring programs of the type that have not been found to be 
ineffective. For the same reason, this section eliminates part 
H, boot camps. This section also eliminates authorization for 
the White House Conference on Juvenile Justice, which was 
contained in part I of title II of JJDPA.
    This section also authorizes funding of $160 million for 
JJDPA for fiscal years 1997, 1998, 1999, and 2000, of which $70 
million is to be expended for State formula grants, $70 million 
is to be made available to NIJJDP (of which not less than $28 
million shall be made available for evaluation research of 
prevention programs, and $16 million is made available for 
child protection, of which $7 million is to be made available 
for title IV of JJDPA). Not more than $4,000,000 shall be 
expended for administrative costs. Dean Schwartz testified that 
OJJDP has 70 staff, which he considers excessive, and which he 
recommended could be cut substantially.
    This section amends section 299 of JJDPA to limit the 
regulatory authority of what is currently called OJJDP. Under 
this section, the Office of Youth Violence Reduction will no 
longer have the authority to promulgate regulations under the 
status offender, separation, jail removal, and minority 
overrepresentation mandates of JJDPA. This has been done 
because the Committee believes that OJJDP has used its 
regulatory authority in this area to impose burdens on States 
based on readings of the statutory language that were never 
intended to be adopted. Accordingly, current OJJDP regulations 
concerning the language of statutory mandates, all of which 
have been changed by this legislation, would be null and void. 
Given OJJDP's prior reading of the current language of the 
mandates, courts interpreting the language of these four 
statutory mandates should accord no deference to the 
interpretation of the Office of Youth Violence Reduction within 
the rule of Chevron U.S.A. Inc. v. Natural Resources Defense 
Council, 467 U.S. 837 (1984).

 SECTION 103. AUTHORIZATION OF APPROPRIATIONS FOR RUNAWAY AND HOMELESS 
                               YOUTH ACT

    This section reauthorizes the Runaway and Homeless Youth 
Act at its current level of funding for fiscal year 1997, and 
for such sums as may be necessary for fiscal years 1998, 1999, 
and 2000.

                          SECTION 104. REPEALS

    This section repeals the special study and report contained 
in section 409 of the JJDPA. This section also repeals title V 
of JJDPA. There is no evidence that some of the seven purposes 
for which these grants are effective in preventing or punishing 
youth violence. In addition, title V requires localities which 
obtain these grants to adhere to the mandates of section 223 of 
the Act, mandates unrelated to punishing or preventing youth 
violence. This is an example of a program that has led OJJDP to 
focus on the mandates at the expense of finding out how to stop 
the skyrocketing rates of youth violence around the Nation. The 
Committee is also concerned that the research in the program 
funded by title V is not innovative, and therefore should not 
take up such a large proportion of OJJDP's discretionary grant 
dollars, and has concerns about the means by which technical 
assistance is provided under this program. It believes these 
funds could be better used for researching and evaluating 
issues and programs in preventing and punishing youth violence, 
as well as in providing technical assistance and data 
collection.

                SECTION 201. ANTI-DRUG ABUSE ACT OF 1988

    This section repeals subtitles B and C of title III of the 
Anti-Drug Abuse Act of 1988. These subtitles authorized 
programs for drug abuse education and prevention programs 
relating to youth gangs and runaway youth and provided 
definitions for terms used therein. These programs have not 
been demonstrated to be effective. This section also eliminates 
section 7295 of the Act, which required an evaluation of 
certain issues by the Comptroller General in 1989.

            SECTION 202. VICTIMS OF CHILD ABUSE ACT OF 1990

    This section reauthorizes the Victims of Child Abuse Act of 
1990 through fiscal year 2000. This section eliminates the 
language contained in section 223(a) that refers to national 
organizations because testimony received by the Committee 
suggests that this is an inappropriate earmark. However, the 
entity that is the subject of the existing earmark is eligible 
to compete on a level playing field with other applicants for 
NIJJDP research and evaluation grants and contracts. This 
section requires NIJJDP to make grant and contract awards under 
the Victims of Child Abuse Act in accord with the scientific 
standards established in sections 244, 299B, and 299E of title 
II of JJDPA.

   SECTION 301. STUDY AND REPORT BY THE NATIONAL ACADEMY OF SCIENCES

    This section requires the Attorney General to enter into a 
contract with the National Academy of Sciences concerning the 
efficacy of the mandates relating to status offenders, 
separation, jail removal, and minority overrepresentation in 
reducing juvenile crime and violence, and in the safety of 
children in the juvenile justice system. The study shall also 
examine the status of research into youth violence, issues and 
topics in youth violence that merit further research, 
methodological approaches to evaluate the effectiveness of 
youth violence prevention efforts, the efficacy of Federal and 
State efforts to control youth violence, and an appropriate 
agenda and budget for continuing research on the problem of 
youth violence to be administered by the Attorney General. This 
section requires that within 12 months after the enactment of 
this legislation, the Attorney General shall submit a report to 
Congress describing the results of the study, and shall make 
this report available to the public.

            SECTION 302. TECHNICAL AND CONFORMING AMENDMENTS

    This section makes technical and conforming amendments to 
the Juvenile Justice and Delinquency Prevention Act.

                           VI. Cost Estimate

                                     U.S. Congress,
                               Congressional Budget Office,
                                   Washington, DC, August 19, 1996.
Hon. Orrin G. Hatch,
Chairman, Committee on the Judiciary,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 1952, the Juvenile 
Justice and Delinquency Prevention Act of 1996.
    Enacting S. 1952 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: S. 1952.
    2. Bill title: Juvenile Justice and Delinquency Prevention 
Act of 1996.
    3. Bill status: As reported by the Senate Committee on the 
Judiciary on August 1, 1996.
    4. Bill purpose: S. 1952 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:
          $160 million for each of the fiscal years 1997 
        through 2000 to the Department of Justice to carry out 
        programs for controlling juvenile crimes and preventing 
        juvenile delinquency;
          $69 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 Humans Services to 
        make grants for runaway and homeless youth programs;
          $15 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 Justice to children's 
        advocacy centers;
          $5 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 Justice to make grants for 
        technical assistance and training programs relating to 
        child abuse cases; and
          $600,000 for fiscal year 1997 to the Department of 
        Justice for a study on juvenile crime.
    5. Estimated cost to the Federal Government: Assuming 
appropriation of the authorized amounts, CBO estimates that 
enacting S. 1952 would result in costs to the Federal 
Government of about $1 billion over the 1997-2002 period. The 
following table summarizes the estimated budgetary effects of 
S. 1952, 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:                                                                                     
    Budget authority.............................      170  .......  .......  .......  .......  .......  .......
    Estimated outlays............................      105       65       60        9  .......  .......  .......
                                                                                                                
                                          WITH ADJUSTMENT FOR INFLATION                                         
                                                                                                                
Proposed changes:                                                                                               
    Estiamted authorization level................  .......      250      251      254      257  .......  .......
    Estimated outlays............................  .......       50      171      242      254      205       80
Projected spending under S. 1952:                                                                               
    Estimated authorization level \1\............      170      250      251      254      257  .......  .......
    Estimated outlays............................      105      115      231      251      254      205  .......
                                                                                                                
                                        WITHOUT ADJUSTMENT FOR INFLATION                                        
                                                                                                                
Proposed changes:                                                                                               
    Estimated authorization level................  .......      250      249      249      249  .......  .......
    Estimated outlays............................  .......       50      170      240      249      199       79
Projected spending under S. 1952:                                                                               
    Estimated authorization level \1\............      170      250      249      249      249  .......  .......
    Estimated outlays............................      105      115      230      249      249      199       79
----------------------------------------------------------------------------------------------------------------
\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, the 1967 authorization provided in the bill.
    7. Pay-as-you-go considerations: None.
    8. Estimated impact on state, local, and tribal 
governments: S. 1952 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 $70 million annually for 
fiscal year 1997 through 2000 for State juvenile justice 
formula grants. It would also authorize $69 million in 1997 and 
similar amounts from 1998 through 2000 for grants to public and 
private entities for runaway and homeless youth programs. S. 
1952 would make a number of changes to juvenile justice grant 
provisions, limiting the use of certain funds and revising 
conditions of assistance for state and local governments. The 
Unfunded Mandates Reform Act of 1995 excludes such conditions 
of Federal assistance from the definition of an 
intergovernmental mandate.
    The bill would remove evaluation programs and technical 
implementation assistance from acceptable uses of grant funds. 
It would also require that if less than $75 million is 
appropriated for juvenile justice programs, an individual 
State's allocation shall be between $325,000 and $400,000, 
provided no other state's allocation would fall below its 1996 
level.
    In order for States to qualify for Federal assistance, 
current law requires them to submit a three-year plan outlining 
details of juvenile justice programs and providing for 
continuing evaluation. Under S. 1952, such plans would no long 
have to include the formation of an advisory group, 
governmental distribution guidelines, and privacy assurances. 
In addition, the bill would narrow the focus of programs that 
receive most juvenile justice funding under such plans to those 
dealing with community-based alternatives to incarceration, 
drug and alcohol treatment, juvenile court reform, and crisis 
intervention.
    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. Estimate 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 Budget Analysis.

                   VIII. Regulatory Impact Statement

    The accordance with paragraph 11(b), rule XXVI of the 
Standing Rule of the Senate, the Committee, after due 
consideration, concludes that the act will not have significant 
regulatory impact.
         VIII. ADDITIONAL VIEWS OF MESSRS. KENNEDY AND FEINGOLD

    We commend Senator Thompson and Senator Biden for their 
hard work in crafting a bill to reauthorize the Juvenile 
Justice Act. It is clear that they have given considerable 
thought and attention to this vexing problem of juvenile 
justice.
    Although the bill was favorably reported out of the 
committee without a rollcall vote, we have a number of concerns 
about this measure. In its present form, we would be unable to 
support this measure on the Senate floor.
    Most importantly, we have serious concerns about the effect 
of this bill on delinquency prevention and drug treatment 
initiatives. The elimination of categorical prevention programs 
under title V will likely result in the loss of a number of 
very important programs. For example, in Boston, the ``New 
Generations Collaborative'' is an after-school prevention 
program funded under title V. Under this program, at risk 
inner-city teens spend the after school hours in a structured 
setting where they learn the core values that will enable them 
to become productive adults. This program keeps them off the 
streets, and teaches them important skills. A similar program 
for at risk teenage girls in Montague, MA, has been equally 
successful at reducing teen pregnancy and juvenile delinquency.
    Under this reauthorization bill, it will be much more 
difficult for these programs, and others across the Nation, to 
receive funding. Given the new focus of the bill, some States 
may choose to devote significant amounts of their OJJDP block 
grant funds for purposes other than real, primary prevention 
efforts.
    Prevention initiatives are already underfunded, as 
congressional appropriators have adopted a punitive approach to 
criminal justice. For example, congressional appropriators have 
refused to fund a number of prevention initiatives that were 
part of the 1994 crime bill. The Juvenile Justice Act is one of 
the only vehicles through which prevention programs are funded, 
and we are concerned that this source will dry up under this 
reauthorization proposal. Although we acknowledge the need for 
evaluations of existing programs, we do not understand the 
reasoning behind eliminating the few remaining prevention 
programs this Congress has chosen to fund in order to start 
over at square one with a research approach.
    We are also concerned with the bill's lack of a pass-
through provision to ensure that funds filter down to the local 
level. The lack of language ensuring that Indian tribes will 
receive crime prevention funding is equally troubling.
    Further, we are concerned that the bill repeals section 
223(a)(19). This section provides important collective 
bargaining and job protection rights for State juvenile justice 
and youth services workers. It requires that grant recipients, 
as a condition of program eligibility, make fair and equitable 
arrangements for juvenile justice workers who will be employed 
under the terms of the grant. In particular, it guarantees 
workers collective bargaining rights in those States which do 
not have comprehensive labor relations laws for public sector 
employees.
    The repeal of this provision would immediately jeopardize 
the collective bargaining rights of many thousands of juvenile 
justice workers. There is no evidence that this provision has 
posed an unreasonable burden upon States. We would be unable to 
support passage of a juvenile justice reauthorization bill that 
repeals this important worker protection provision. We look 
forward to working with Senators Biden and Thompson to ensure 
that these important worker protection provisions are retained.
    We have a number of other concerns about the bill, and we 
look forward to working with Senator Thompson and Senator Biden 
to resolve them. We appreciate the efforts of Senator Thompson 
and Senator Biden in advancing this Congress' debate on the 
critical issue of juvenile justice.

                                   Russ Feingold.
                                   Ted Kennedy.
                    IX. ADDITIONAL VIEWS OF MR. KOHL

    Senator Thompson and Senator Biden should be commended for 
trying to accomplish what appears to be impossible: crafting a 
bipartisan juvenile justice bill in an election year. At a time 
when some have called for eliminating the Federal role in 
juvenile justice and others have called for merely preserving 
the status quo, this bill arrives at a relatively moderate 
position. Moreover, the proposal recognizes that times have 
changed since Congress wrote the Juvenile Justice Act in 1974. 
Back then, it was designed to protect juveniles from abusive 
prisons and police. This bill, however, properly recognizes 
that today we also need to emphasize protecting the community 
from violent juveniles. So there is much in this bill that we 
should support.
    For example, it is good to see that law enforcement has 
been given more flexibility in dealing with the growing problem 
of juvenile crime. Too often in the past, we have bound police 
hands with redtape restrictions that did little to protect 
juveniles, but did much to interfere with public safety. 
Moreover, this bill dramatically increases funding for research 
and evaluation so that the Federal Government can get serious 
about determining which prevention programs work and which do 
not. And, finally, the bill helps providers of services for 
runaway and homeless youth continue their important work. For 
these reasons, I supported moving this bill out of the 
Judiciary Committee.
    Nevertheless, some parts of this bill remain troublesome 
and other issues remain unaddressed. We must work to see 
changes in these areas before final passage.
    First, at a time when the Appropriations Committee has 
defunded numerous crime prevention programs, this bill 
eliminates the few prevention programs that the Appropriations 
committee is willing to fund. In place of these programs, the 
bill offers two large block grants--one for crime prevention or 
graduated sanctions and the other for research/evaluation or 
demonstration projects. The bottom line, then, is that if a 
State does not want to spend money on programs that help young 
people before they enter the juvenile justice system it can 
avoid doing so whether or not these programs work. I am 
particularly concerned about the elimination of the Local 
Incentive Grants in title V. The General Accounting Office 
recently gave this program a positive evaluation, and it is 
preserved by the House version of this measure, so we ought to 
save it here.
    The Committee Report properly points out that ``[e]very 
witness told the Subcommittee that early intervention and 
prevention efforts are necessary.'' The Report specifically 
notes that distinguished criminologists like Prof. Alfred 
Blumstein, Dr. John Diliulio, and Dean James Alan Fox, along 
with juvenile justice experts like Judge Carol Kelly and Judge 
Kenneth Turner, all agreed on the need for crime prevention 
efforts because, in the words of Professor Diliulio, 
``incarceration is not the answer.'' Finally, the Report 
concludes that ``early intervention'' is essential because ``by 
the time the chronic offenders are identified through their 
actions, the likelihood of successful intervention is low.'
    Just a few pages later, however, the Report suggests that 
the witnesses were only able to cite ``a few OJJDP-funded 
programs'' that had been evaluated and found to be effective. 
In a still later section, the Report then disparages all of the 
prevention programs currently funded by the Office of Juvenile 
Justice and Delinquency Prevention, thereby justifying the 
bill's elimination of these programs. Somehow, the Committee 
moved from agreeing with the experts that prevention was 
needed, to stating that only a few programs work, to 
disparaging--and defunding--all prevention programs in the 
Juvenile Justice and Delinquency Prevention Act.
    There is no question that there is much more we need to 
know and Senator Cohen and I have introduced bipartisan 
legislation that would require that a small portion of every 
prevention grant go toward independent evaluation. But given 
the unanimous recognition that we need prevention, and that 
fact that some prevention programs do, in fact, work, why are 
we simultaneously eliminating all of the targeted prevention 
programs in this legislation? Do doctors suspend all AIDS 
treatments while the National Institute of Health continues 
their studies? If we recognize--as this Committee does--that 
some prevention programs work, why shouldn't we fund those 
programs?
    Second, in my opinion we ought to use this measure as a 
vehicle to do something about juvenile records. That does not 
mean that we should make all these records public, of course, 
but we should make sure that the records for the most violent 
juveniles are accessible to police and courts, can be obtained 
by other States, and do not magically disappear when a young 
criminal happens to turn 18. Moreover, if we can come up with 
something as a Committee, it will help us preempt less 
thoughtful, more punitive proposals down the road.
    Finally, this bill does not deal with what many of our 
expert witnesses told the Youth Violence Subcommittee lay at 
the heart of growing youth violence: kids getting--and using--
guns. While the report recognizes the conclusions of Professor 
Fox and Professor Blumstein that the rise in teen murders over 
the last decade is largely due to the proliferation of guns, 
the legislation does not directly address the problem at all. 
At the very least, a thorough juvenile justice reauthorization 
would restore the Gun-Free School Zones law, which the Supreme 
Court struck down last year in the Lopez decision.
     In sum, while I commend the authors for their hard work on 
this measure, I remain concerned that this legislation abandons 
crime prevention efforts at a critical time in our Nation's 
history. All of our witnesses told us that if we want to avoid 
staggering crime problems in the near future, we must intervene 
now with the 39 million American children under the age of ten. 
Instead of following this sensible course, S. 1952 abandons 
current programs in favor of years of more research. We do not 
have time for this wait-and-see approach: we must, as we do in 
all other areas of Government action, fund what works while 
continuing the search for more effective programs.
                       X. Changes in Existing Law

    In compliance with paragraph 12, rule XXVI of the Standing 
Rules of the Senate, 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 changes is proposed is shown 
in roman):

                           UNITED STATES CODE

          * * * * * * *

             Title 5--Government Organization and Employees

          * * * * * * *

                   CHAPTER 53--PAY RATES AND SYSTEMS

          * * * * * * *

              Subchapter II--Executive Schedule Pay Rates

          * * * * * * *

Sec. 5315. Positions at level IV

    Level IV of the Executive Schedule applies to the following 
positions, for which annual rate of basic pay shall be the rate 
determined with respect to such level under chapter II of title 
2, as adjusted by section 5318 of this title:
          Deputy Administrator of General Services.
          * * * * * * *
          Chairman, Board of Veterans' Appeals.
          [Administrator, Office of Juvenile Justice and 
        Delinquency Prevention.]
          Director, United States Marshals Service.
          * * * * * * *

                TITLE 18--CRIMES AND CRIMINAL PROCEDURE

          * * * * * * *

                    PART III--PRISONS AND PRISONERS

          * * * * * * *

             CHAPTER 319--NATIONAL INSTITUTE OF CORRECTIONS

          * * * * * * *

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

    (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 Associate 
Administrator for the [Office of Juvenile Justice and 
Delinquency Prevention] Office of Youth Violence Reduction or 
his designee, and the Assistant Secretary for Human Development 
of the Development of the Department of Health, Education, and 
Welfare or his designee.
          * * * * * * *

                        TITLE 39--POSTAL SERVICE

          * * * * * * *

                          PART IV--MAIL MATTER

          * * * * * * *

                  CHAPTER 32--PENTLTY AND FRANKED MAIL

          * * * * * * *

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 Youth Violence Reduction 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--
          * * * * * * *
    (c) As used in this section, ``[Office of Juvenile Justice 
and Delinquency Prevention] Office of Youth Violence 
Reduction'' and ``Office'' each means the [Office of Juvenile 
Justice and Delinquency Prevention] Office of Youth Violence 
Reduction within the Department of Justice, as established by 
section 201 of the Juvenile Justice and Delinquency Prevention 
Act of 1984.
          * * * * * * *

                TITLE 42--THE PUBLIC HEALTH AND WELFARE

          * * * * * * *

                       CHAPTER 7--SOCIAL SECURITY

          * * * * * * *

Subchapter IV--Grants to States for Aid and Services to Needy Families 
              With Children and for Child-Welfare Services

          * * * * * * *

          PART D--CHILD SUPPORT AND ESTABLISHMENT OF PATERNITY

          * * * * * * *

Sec. 663. Use of Parent Locator Service in connection with enforcement 
                    or determination of child custody in cases of 
                    parental kidnaping of child

(a) Agreements with States for use of Parent Locator Service

          * * * * * * *

(f) Agreement to assist in locating missing children under Parent 
                    Locator Service

    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 653 of 
this title shall be made available to the [Office of Juvenile 
Justice and Delinquency Prevention] Office of Youth Violence 
Reduction upon its request to locate any parent or child on 
behalf of such Office for the purpose of--
          * * * * * * *

      CHAPTER 46--LAW ENFORCEMENT ASSISTANCE AND CRIMINAL JUSTICE

          * * * * * * *

        Subchapter I--Law Enforcement Assistance Administration

          * * * * * * *

Sec. 3712. Duties and functions of Assistant Attorney General

(a) Specific, general and delegated powers

    The Assistant Attorney General shall--
          (1) publish and disseminate information on the 
        conditions and progress of the
          * * * * * * *
          (5) provide staff support to coordinate the 
        activities of the Office and the Bureau of Justice 
        Assistance, the National Institute of Justice, the 
        Bureau of Justice Statistics, and the [Office of 
        Juvenile Justice and Delinquency Prevention] Office of 
        Youth Violence Reduction; and
          * * * * * * *

               Subchapter VIII--Administrative Provisions

          * * * * * * *

Sec. 3782. Rules, regulations, and procedures; consultations and 
                    establishment

(a) General authorization of certain Federal agencies

    The Office of Justice Programs, the Bureau of Justice 
Assistance, the [Office of Juvenile Justice and Delinquency 
Prevention], Office of Youth Violence Reduction, 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 chapter.

(b) Continuing evaluation of selected programs or projects; cost, 
                    effectiveness, impact value, and comparative 
                    considerations; annual performance report; 
                    assessment of activity effectiveness; suspension of 
                    funds for nonsubmission of report; reasons in 
                    detail for action with hearing

    The Bureau of Justice Assistance shall, after consultation 
with the National Institute of Justice, the Bureau of Justice 
Statistics, the [Office of Juvenile Justice and Delinquency 
Prevention] Office of Youth Violence Reduction, State and local 
governments, and the appropriate public and private agencies, 
establish such rules and regulations as are necessary to assure 
the continuing evaluation of selected programs or projects 
conducted pursuant to subchapter IV, V, XII-A, XII-B, and XII-C 
of this chapter, in order to determine--
          * * * * * * *

Sec. 3785. Appellate court review.

(a) Jurisdiction of court of appeals; petition for review; time for 
                    filing, copies; record; objection before 
                    appropriate agency

    If any applicant or recipient is dissatisfied with a final 
action with respect to section 3783, 3784, or 3789d(c)(2)(G) of 
this title, 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 Youth 
Violence Reduction, 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 Youth Violence Reduction, 
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. 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 Youth Violence Reduction, or 
the National Institute of Justice, as appropriate.

(b) Determination by court of appeals; conclusiveness of findings; 
                    remand; conclusiveness of new or modified findings

    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 Youth Violence Reduction, 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 Youth Violence Reduction, 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 Youth Violence Reduction, or 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 
whole is considered.

(c) Determination by court of appeals; Supreme Court review

    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 Youth Violence Reduction, or the National 
Institute of Justice, or to set 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.

Sec. 3786. Delegation of functions

    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 Youth Violence Reduction, and the Director of the Bureau of 
Justice Assistance may delegate to any of their respective 
officers or employees such functions under this chapter as they 
deem appropriate.

Sec. 3789i. Administration of juvenile delinquency programs

    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 Youth Violence Reduction, in 
developing and implementing programs in the juvenile justice 
and delinquency prevention filed.
          * * * * * * *

         Subchapter XIII--Transition; Effective Date; Repealer

Sec. 3797. Continuation of rules, authorities, and proceedings

(a) Continuing status until otherwise affected

    (1) All orders, determinations, rules, regulations, and 
instructions of the Law Enforcement Assistance Administration 
which are in effect on December 27, 1979, shall continue in 
effect according to their terms until modified, terminated, 
superseded, set aside, or revoked by the President or the 
Attorney General, the Office of Justice Assistance, Research, 
and Statistics or the Director of the Bureau of Justice 
Statistics, the National Institute of Justice, or the 
Administrator of the Law Enforcement Assistance Administration 
with respect to their functions under this chapter or by 
operation of law.
    (2) All orders, determinations, rules, regulations, and 
instructions issued under this chapter which are in effect on 
October 12, 1984, shall continue in effect according to their 
terms until modified, terminated, superseded, set aside, or 
revoked by the President, the Attorney General, the Assistant 
Attorney General, the Director of the Bureau of Justice 
Statistics, the Director of the National Institute of Justice, 
the Administrator of the [Office of Juvenile Justice and 
Delinquency Prevention] Office of Youth Violence Reduction, or 
the Director of the Bureau of Justice Assistance with respect 
to their functions under the chapter or by operation of law.
          * * * * * * *

  CHAPTER 67--CHILD ABUSE PREVENTION AND TREATMENT AND ADOPTION REFORM

          * * * * * * *

   Subchapter VI--Child Abuse Crime Information and Background Checks

           * * * * * * *

Sec. 5119. Reporting child abuse crime information

(a) In general

    In each State, an unauthorized criminal justice agency of 
the State shall report child abuse crime information to, or 
index child abuse crime information in, the national criminal 
history background check system. A criminal justice agency may 
satisfy the requirement of this subsection by reporting or 
indexing all felony and serious misdemeanor arrests and 
dispositions.
           * * * * * * *

(b) Study of child abuse offenders

    (1) Not later than 180 days after December 20, 1993, the 
Administrator of the [Office of Juvenile Justice and 
Delinquency Prevention] Office of Youth Violence Reduction 
shall begin a study based on a statistically significant sample 
of convicted child abuse offenders and other relevant 
information to determine--
           * * * * * * *

        JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT OF 1974

                   (Public Law 93-415; 88 Stat. 1109)

             [As Amended Through P.L. 104-18, July 7, 1995]

           * * * * * * *

              TITLE I--FINDINGS AND DECLARATION OF PURPOSE

                                findings

    [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 
delinqency 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;

SEC. 101. FINDINGS.

    The Congress finds that--
          (1) recent statistics show a 60 percent increase in 
        murders committed by juveniles since 1884;
          (2) youth who commit the most serious and violent 
        offenses are becoming more violent, younger offenders 
        are engaging in more violent acts, and the number of 
        violent youth offenders has tripled since 1985;
          (3) 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 punishment or 
        effective help;
          (4) if recent violent crime rate trends continue, 
        based on the projected growth of the teenage population 
        during the next decade, youth violence will increase 
        dramatically unless new, effective prevention and 
        control strategies are developed and implemented;
          (5) illegitimacy, the decline of marriage, welfare 
        dependence, and youth violence are closely 
        interrelated;
          (6) there is a correlation between child abuse and 
        neglect and delinquency and violence;
          (7) child abuse has increased as the number of babies 
        born to drug-using parents has increased, and children 
        of these parents are at great risk of becoming violent;
          (8) child welfare agencies fail to break the cycle 
        between abuse and delinquency;
          (9) State and local communities that 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;
          (10) the juvenile justice system has failed to 
        protect the public from violent youths, particularly 
        because a system of certain and graduated punishment is 
        often absent;
          (11) existing programs have not adequately reduced 
        the increasing numbers of young people who are addicted 
        to or who abuse alcohol and other drugs;
          (12) existing Federal programs have not fully 
        provided the research and evaluation necessary to 
        determine which programs designed to prevent youth 
        violence are effective, nor have they led to the most 
        effective dissemination of information regarding 
        effective programs;
          (13) prevention and intervention are more likely to 
        be effective when directed toward younger children 
        before they commit any offenses;
          (14) mandates on States under the Juvenile Justice 
        and Delinquency Prevention Act of 1974 have been 
        administered in too inflexible a manner, and have made 
        the Act too focused on issues unrelated to preventing 
        or punishing youth violence;
          (15) the juvenile justice system should give 
        additional attention to the problem of juveniles who 
        commit serious crimes and should give greater attention 
        to halting early acts of juvenile delinquency;
          (16) the high incidence of youth violence in the 
        United States results in enormous annual cost and 
        immeasurable loss of human life, personal security, and 
        wasted human resources; and
          (17) youth violence constitutes a growing threat to 
        the national welfare requiring immediate and 
        comprehensive action by the Federal Government to 
        reduce and prevent youth violence.

SEC. 102. PURPOSES.

    (a) Purposes.--It is the purpose of this Act--
          (1) to provide for the thorough and ongoing 
        scientific evaluation of all federally assisted 
        juvenile justice and delinquency prevention programs ad 
        research into effective means of preventing youth 
        violence;
          (2) to provide technical assistance to public and 
        private nonprofit juvenile justice and delinquency 
        prevention programs;
          (3) to establish a centralized research and 
        evaluation effort on the problems of youth violence, 
        including the dissemination of the findings of such 
        research and all data related to youth violence;
          (4) to establish a Federal assistance program to deal 
        with the problems of runaway and homeless youth;
          (5) to assist State and local governments in 
        improving the administration of justice and services 
        for juveniles who enter the system;
          (6) to assist States and local communities to prevent 
        youth from becoming violent offenders; and
          (7) to assist State and local governments in 
        punishing and controlling violent youth offenders.
    (b) Statement of Policy.--It is the policy of the Congress 
to provide the necessary resources, leadership, and 
coordination--
          (1) to develop and implement effective methods of 
        preventing and reducing youth violence;
          (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;
          (6) to provide for coordination of services between 
        State, local, and community-based agencies and to 
        promote interagency cooperation in providing such 
        services; and
          (7) to impose punishments, sanctions, an control upon 
        youth offenders.

                              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;
          * * * * * * *
          (19) 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)] (A) 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)] (B) increases interagency collaboration 
                and family involvement in the prevention and 
                treatment of juvenile delinquency; and
                  [(D)] (C) encourages private and public 
                partnerships in the delivery of services for 
                the prevention and treatment of juvenile 
                delinquency;
          * * * * * * *
          (22) 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 for 
                violating a criminal law;
                  [(ii)] (B) awaiting trial on a criminal 
                charge; or
                  [(iii)] (C) convicted of violating a criminal 
                law; and
          * * * * * * *

         TITLE II--JUVENILE JUSTICE AND DELINQUENCY PREVENTION

       Part A--Juvenile Justice and Delinquency Prevention Office

                        ESTABLISHMENT OF OFFICE

    Sec. 201. (a) There is hereby established an [Office of 
Juvenile Justice and Delinquency Prevention] Office of Youth 
Violence Reduction (hereinafter in this division referred to as 
the ``Office'') within the Department of Justice under the 
general authority of the Attorney General.
    [(b) The Office shall be headed by an Administrator 
(hereinafter in this title referred to as the 
``Administrator'') appointed by the President, by and with the 
advice and consent of the Senate, from among individuals who 
have had experience in juvenile justice programs. The 
Administrator is authorized to prescribe regulations consistent 
with this Act to award, administer, modify, extend, terminate, 
monitor, evaluate, reject, or deny all grants and contracts 
from, and applications for, funds made available under this 
title. The Administrator shall have the same reporting 
relationship with the Attorney General as the directors of 
other offices and bureaus within the Office of Justice Programs 
have.
    [(c) There shall be in the Office a Deputy Administrator 
who shall be appointed by the Attorney General. The Deputy 
Administrator shall perform such functions as the Administrator 
may from time to time assign or delegate and shall act as the 
Administrator during the absence or disability of the 
Administrator.]
    (b) Administrator.--The Office shall be headed by an 
Administrator (hereinafter in this title referred to as the 
``Administrator'') who--
          (1) shall--
                  (A) be a career appointee (as that term is 
                defined in section 3132(a)(4) of title 5, 
                United States Code) having experience in 
                juvenile justice programs; and
                  (B) report to the head of the Office of 
                Justice Programs; and
          (2) may prescribe regulations consistent with his Act 
        to award, administer, modify, extend, terminate, 
        monitor, evaluate, reject, or deny all grants and 
        contracts from, and applications for, funds made 
        available under this title.

                    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.], and shall submit such plan to the Congress.
          * * * * * * *
    (b) In carrying out the purposes of this Act, the 
Administrator shall--
          (1) advise the President through the Attorney General 
        as to all matters relating to federally assisted 
        juvenile deliquency programs and Federal policies 
        regarding juvenile delinquency; and
          [(2) assist operating agencies which have direct 
        responsibilities for the prevention and treatment of 
        juvenile delinquency in the development and 
        promulgation of regulations, guidelines, requirements, 
        criteria, standards, procedures, and budget requests in 
        accordance with the policies, priorities, and 
        objectives the Administrator establishes;
          [(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;
          [(4) implement Federal juvenile delinquency programs 
        and activities among Federal departments and agencies 
        and between Federal juvenile delinquency programs and 
        activities and other Federal programs and activities 
        which the Administrator determines may have an 
        important bearing on the success of the entire Federal 
        juvenile delinquency effort;
          [(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 in such fiscal year, specifying in 
        detail those activities designed to satisfy the 
        requirements of parts C and D; and
          [(B) taking into consideration comments received 
        during the 45-day period beginning on the date the 
        proposed plan is published, develop and publish a final 
        plan, before December 31 of such fiscal year, 
        describing the particular activities which the 
        Administrator intends to carry out under parts C and D 
        in such fiscal year, specifying in detail those 
        activities designed to satisfy the requirements of 
        parts C and D;
          [(6) provide for the auditing of monitoring systems 
        required under section 223(a)(15) to review the 
        adequacy of such systems; and
          [(7) not later than 1 year after the date of the 
        enactment of this paragraph, issue model standards for 
        providing health care to incarcerated juveniles.]
          (2) reduce duplication among Federal juvenile 
        deliquency programs and activities conducted by Federal 
        departments and agencies.
          * * * * * * *
    [(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).]
          * * * * * * *
    [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, accomplishments, and 
        recommendations of the Council].
          (3) A description, based on the most recent data 
        available, of the extent to which each State complies 
        with section 223 [and with the plan submitted under 
        such section by the State for such fiscal year].
          [(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)] (4) A description of selected [exemplary] 
        scientifically evaluated and demonstrated effective 
        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.

        Part B--Federal Assistance for State and Local Programs

                 authority to make grants and contracts

    Sec. 221. (a) The Administrator is authorized to make 
grants to States and units of general local government or 
combinations thereof to assist them in planning, establishing, 
operating, [coordinating, and evaluating] and coordinating 
projects directly or through grants and contracts with public 
and private agencies for the development of more effective 
education, training, research, prevention, diversion, 
treatment, and rehabilitation programs in the area of juvenile 
delinquency and programs to improve the juvenile justice 
system.
    (b)(1) With not to exceed 2 percent of the funds available 
in a fiscal year to carry out this part, the Administrator 
shall make grants to and enter into contracts with public and 
private agencies, organizations, and individuals to provide 
technical assistance to States, units of general local 
governments (and combinations thereof), and local private 
agencies to facilitate compliance with section 223 [and 
implementation of the State plan approved under section 
223(c)].
    (2) Grants and contracts may be made under paragraph (1) 
only to public and private agencies, organizations, and 
individuals that have experience in providing such technical 
assistance. [In providing such technical assistance, the 
recipient of a grant or contract under this subsection shall 
coordinate its activities with the State agency described in 
section 299(c)(1).]

                               allocation

    Sec. 222. (a)(1) Subject to paragraph (2) and in accordance 
with regulations promulgated under this part, funds shall be 
allocated annually among the States on the basis of relative 
population of people under age eighteen.
    [(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,] 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] 1996, 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,] 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] 1996, 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, 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)] 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,] 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] 1996, 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] 1996, 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] 1996.
          * * * * * * *
    [(d) In accordance with regulations promulgated under this 
part, 5 per centum of the minimum annual allocation to any 
State under this part shall be available to assist the advisory 
group established under section 223(a)(3) of this Act.]

                              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 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) designate the State agency described in section 
        299(c)(1) as the sole agency for supervising the 
        preparation and administration of the plan;
          [(2) contain satisfactory evidence that the State 
        agency designated in accordance with paragraph (1) has 
        or will have authority, by legislation if necessary, to 
        implement such plan in conformity with this part;
          [(3) provide for an advisory group, which--
                  [(A) shall consist of not less than 15 and 
                not more than 33 members appointed by the chief 
                executive officer of the State--
                          [(i) which members have training, 
                        experience, or special knowledge 
                        concerning the prevention and treatment 
                        of juvenile delinquency or the 
                        administration of juvenile justice;
                          [(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;
                          [(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 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;
                          [(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; 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) review progress and 
                        accomplishments of projects funded 
                        under the State plan.
          [(4) provide for the active consultation with and 
        participation of units of general local government or 
        combinations thereof in the development of a State plan 
        which adequately takes into account the needs and 
        requests of local governments, except that nothing in 
        the plan requirements, or any regulations promulgated 
        to carry out such requirements, shall be construed to 
        prohibit or impede the State from making grants to, or 
        entering into contracts with, local private agencies or 
        the advisory group;
          [(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) through programs of units of general 
                local government or combinations thereof, to 
                the extent such programs are consistent with 
                the State plan;
                  [(B) through programs of local private 
                agencies, to the extent such programs are 
                consistent with the State plan, except that 
                direct funding of any local private agency by a 
                State shall be permitted only if such agency 
                requests such funding after it has applied for 
                and been denied funding by any unit of general 
                local government or combination thereof; and
                  [(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), 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) provide for an equitable distribution of the 
        assistance received under section 222 within the State;
          [(8)(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 (including any geographical area in which 
        an Indian tribe performs law enforcement functions), a 
        description of the services to be provided, and a 
        description of performance goals and priorities, 
        including a specific statement of the manner in which 
        programs are expected to meet the identified juvenile 
        crime problems (including the joining of gangs that 
        commit crimes) and juvenile justice and delinquency 
        prevention needs (including educational needs) of the 
        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;
          [(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;
          [(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;
          [(10) 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;
                  [(C) comprehensive juvenile justice 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;
                  [(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
                          [(ii) enhance coordination with the 
                        local schools that such juveniles would 
                        otherwise attend, to ensure that--
                                  [(I) the instruction that 
                                juveniles receive outside 
                                school is closely aligned with 
                                the instruction provided in 
                                school; and
                                  [(II) information regarding 
                                any learning problems 
                                identified in such alternative 
                                learning situations are 
                                communicated to the schools;
                  [(F) 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;
                  [(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;
                  [(I) projects designed both to deter 
                involvement in illegal activities and to 
                promote involvement in lawful activities on the 
                part of gangs whose membership is substantially 
                composed of youth;
                  [(J) programs and projects designed to 
                provide for the treatment of youths' dependence 
                on or abuse of alcohol or other addictive or 
                nonaddictive drugs;
                  [(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
                  [(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 barriers that may prevent 
                the complete treatment of such juveniles and 
                the preservation of their families.
          [(11) provide for the development of an adequate 
        research, training, and evaluation capacity within the 
        State;
          [(12)(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)., 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; 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;
          [(15) 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) 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), 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) 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;
          [(17) 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) 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) 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) 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) 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) address efforts to reduce the proportion of 
        juveniles detained or confined in secure detention 
        facilities, secure correctional facilities, jails, and 
        lockups who are members of minority groups if such 
        proportion exceeds the proportion such groups represent 
        in the general population;
          [(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
          [(25) 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.
    [(b) The State agency designated under subsection (a)(1), 
after receiving and considering the advice and recommendations 
of the advisory group referred to in subsection (a), shall 
approve the State plan and any modification thereof prior to 
submission to the Administrator.
    [(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) in any fiscal year 
beginning after January 1, 1993--
          [(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.
    [(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 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). 
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).]

SEC. 223. STATE PLANS.

    (a) In General.--In order to be eligible to receive formula 
grants under this part, each State shall--
          (1) ensure that not less than 75 percent of the funds 
        made available to the State under section 222, 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--
                  (A) for prevention and nonincarcerative 
                intervention, including drug and alcohol 
                treatment activities, and programs that 
                encourage courts to develop and implement a 
                continuum of post-adjudication restraints that 
                bridge the gap between probation and 
                confinement in a correctional facility, 
                including graduated sanctions for youth 
                offenders; and
                  (B) for implementing a system whereby every 
                offender receives some sanction for every 
                crime, except that such funds shall not be used 
                on initiatives that the organization created by 
                section 241 determines do not prevent or reduce 
                youth violence;
          (2) provide for records to be kept by recipients of 
        funds made available to the State under section 222 
        sufficient for the organization created by section 241 
        to monitor whether the use of said funds has prevented 
        or reduced youth violence;
          (3) ensure that juveniles who are charged with or who 
        have committed offenses that would not be criminal if 
        committed by an adult (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), 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 
        that the juvenile or family court may detain, after a 
        hearing, in a secure detention facility for a limited 
        period of time, not to exceed 72 hours, a runaway, 
        truant, or incorrigible youth, if the youth--
                  (A) received a previous official court 
                warning that an additional instance of such 
                behavior would result in the secure detention 
                of that youth; or
                  (B) the chronic behavior of the youth 
                constitutes a clear and present danger to the 
                physical or emotional well-being of the youth 
                or the physical safety of the community, if the 
                juvenile's detention is for not more than the 
                amount of time necessary to eliminate such 
                danger through detention or through other 
                treatment, and secure detention is the least 
                restrictive means available for guarding the 
                safety of the youth or the community;
          (4) submit an annual report to the Administrator 
        describing the status of compliance with this section 
        and containing a review of the progress made by the 
        State to achieve the deinstitutionalization of 
        juveniles described in paragraph (3) and a review of 
        the progress made by the State to provide that such 
        juveniles, if placed in facilities, are placed in 
        facilities that--
                  (A) are the least restrictive alternatives 
                appropriate to the needs of the child and the 
                community;
                  (B) are in reasonable proximity to the family 
                and the home communities of such juveniles; and
                  (C) provide the services described in section 
                103(1);
          (5) provide that juveniles alleged to be or found to 
        be delinquent and youths under paragraph (3) shall not 
        be detained or confined in any institution in which 
        they have regular 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, unless that staff has been properly trained 
        and certified by the State to deal with juvenile 
        offenders, and staff is not dealing directly with both 
        adult and juvenile prisoners in the same shift;
          (6) provide that no juvenile shall be detained or 
        confined in any jail or lockup for adults, except that 
        the State may permit the detention or confinement of 
        juveniles in a State-approved portion of a county jail 
        or secure detention facility for up to 72 hours if such 
        exceptions are limited to areas that are in compliance 
        with paragraph (5), and--
                  (A) are outside a metropolitan statistical 
                area; and
                  (B) have no existing acceptable alternative 
                placement that is easily accessible;
          (7) 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;
          (8) provide reasonable assurances that federal funds 
        made available under this part for any period--
                  (A) would be used to supplement and increase 
                (but not supplant) the level of the State, 
                local, and other non-Federal funds that would 
                in the absence of such Federal funds be made 
                available for the programs described in this 
                part; and
                  (B) would not replace such State, local, and 
                other non-Federal funds; and
          (9) address prevention efforts to reduce the 
        proportion of juveniles detained or confined in secure 
        detention facilities, jails, and lockups who are 
        members of minority groups, if such proportion exceeds 
        the proportion that such groups represent in the 
        general population, and comply with the substantive 
        requirements of section 804 of the Omnibus Crime 
        Control and Safe Streets Act of 1968.
    (b) Penalties.--If a State fails to comply with--
          (1) any one of paragraph (3), (5), (6), or (9) of 
        subsection (a), in any fiscal year, the amount 
        allocated under section 299 to that State for that 
        fiscal year shall be reduced by 25 percent; and
          (2) any combination of paragraphs (3), (5), (6), or 
        (9) of subsection 9a), in any fiscal year, the amount 
        allocated under section 299 to that State for that 
        fiscal year shall be reduced by 50 percent.
    (c) Effect of State Law.--Notwithstanding subsection (b), 
no penalty shall be imposed on any State for failure to comply 
with the requirements of this section if the State has enacted 
legislation conforming to such requirements and containing 
enforcement mechanisms sufficient to ensure that such 
legislation is enforced effectively.

                       Part C--National Programs

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

     establishment of national institute for juvenile justice and 
                         delinquency prevention

    Sec. 241. (a) There is hereby established within the 
[Juvenile Justice and Delinquency Prevention Office] Office of 
Justice Programs a National Institute for Juvenile Justice and 
Delinquency Prevention.
    (b) The National Institute for Juvenile Justice and 
Delinquency Prevention shall be under the supervision and 
direction of the [Administrator] Director of Juvenile Justice 
and Delinquency Prevention (hereafter in this Act referred to 
as the ``Director''), who shall be appointed by the President, 
by and with the advice and consent of the Senate, from among 
individuals who have had experience in juvenile justice 
programs or experience in scientific research.
    (c) The activities of the National Institute for Juvenile 
Justice 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) a coordinating center for the collection, 
        preparation, and dissemination of useful data regarding 
        the prevention, treatment, and control of juvenile 
        delinquency; [and]
          (2) for the rigorous and independent evaluation of 
        the delinquency and youth violence prevention programs 
        funded under this title;
          (3) funding for research and demonstration projects 
        on the nature, causes, and prevention of juvenile 
        violence and juvenile delinquency; and
          [(2)] (4) 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] education personnel, recreation 
        and park 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.
    (e) In addition to the other powers, express and implied, 
the Institute may--
          (1) * * *
          * * * * * * *
          (4) make grants and enter into contracts with public 
        or private agencies, organizations, or individuals for 
        the partial performance of any functions of the 
        Institute; and
          (5) compensate consultants and members of technical 
        advisory councils who are not in the regular full-time 
        employ of the United States, at a rate now or hereafter 
        payable under section 5376 of title 5 of the United 
        States Code and while away from home, or regular place 
        of business, they may be allowed travel expenses, 
        including per diem in lieu of subsistence, as 
        authorized by section 5703 of title 5, United States 
        Code for persons in the Government service employed 
        intermittently[; and].
          [(6) assist through training, the advisory groups 
        established pursuant to section 223(a)(3) or comparable 
        public or private citizen groups in nonparticipating 
        States in the accomplishment of their objectives 
        consistent with this title.]
    [(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) conducting an annual conference of such member 
        representatives for purposes relating to the activities 
        of such State advisory groups;
          [(B) disseminating information, data, standards, 
        advanced techniques, and program models developed 
        through the Institute and through programs funded under 
        section 261;
          [(C) reviewing Federal policies regarding juvenile 
        justice and delinquency prevention;
          [(D) advising the Administrator with respect to 
        particular functions or aspects of the work of the 
        Office; and
          [(E) advising the President and Congress with regard 
        to State perspectives on the operation of the Office 
        and Federal legislation pertaining to juvenile justice 
        and delinquency prevention.]
    (f) Duties of the Institute.--
          (1) In general. The Institute shall make grants and 
        enter into contracts for the purposes of evaluating 
        programs established and funded with State formula 
        grants, research and demonstration projects funded by 
        the National Institute of Juvenile Justice and 
        Delinquency, and discretionary funding of the Office of 
        Youth Violence Reduction.
          (2) Requirements.--Evaluations and research studies 
        funded by the Institute shall--
                  (A) be independent in nature;
                  (B) be awarded competitively; and
                  (C) employ rigorous and scientifically 
                recognized standards and methodologies, 
                including peer review by nonapplicants.
          * * * * * * *

                          information function

    Sec. 242. The [Administrator] Director, acting through the 
National Institute for Juvenile Justice and Delinquency 
Prevention, shall--
          * * * * * * *

           research, demonstration, and evaluation functions

    Sec. 243. (a) The [Administrator] Director, acting through 
the National Institute for Juvenile Justice and Delinquency 
Prevention, is authorized to--
          (1) conduct, encourage, and coordinate research and 
        evaluation into any aspect of juvenile delinquency, 
        particularly with regard to new programs and methods 
        which [seek to strengthen and preserve families or 
        which] show promise of making a contribution toward the 
        prevention and treatment of juvenile delinquency;
          (2) encourage the development of demonstration 
        projects in new, innovative techniques and methods to 
        prevent and treat juvenile delinquency;
          (3) establish or expand programs that, in recognition 
        of varying degrees of the seriousness of delinquent 
        behavior and the corresponding gradations in the 
        responses of the juvenile justice system in response to 
        that behavior, are designed to--
                  [(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] Director of best practices of 
                information and technical assistance, including 
                technology transfer, to States in the design 
                and utilization of risk assessment mechanisms 
                to aid juvenile justice personnel in 
                determining appropriate sanctions for 
                delinquent behavior;
          (4) [Encourage] 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] through control and incarceration, if 
        necessary, provide therapeutic intervention such as 
        providing skills;
          (5) encourage the development and establishment of 
        programs to enhance the States' ability to identify 
        chronic serious and violent juvenile offenders who 
        commit crimes such as rape, murder, firearms offenses, 
        gang-related crimes, violent felonies, and serious drug 
        offenses;
          [(5) 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) 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 and the improvement of the juvenile justice 
        system, including--
                  [(A) recommendations designed to promote 
                effective prevention and treatment, 
                particularly by strengthening and maintaining 
                the family unit;
                  [(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;
                  [(C) examinations of the treatment of 
                juveniles processed in the criminal justice 
                system; and
                  [(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;]
          (6) prepare, in cooperation with education 
        institutions, with Federal, State, and local agencies, 
        and with appropriate individuals and private agencies, 
        such studies as it considers to be necessary with 
        respect to prevention of and intervention with juvenile 
        violence and delinquency and the improvement of 
        juvenile justice systems, including--
                  (A) evaluations of programs and interventions 
                designed to prevent youth violence and juvenile 
                delinquency;
                  (B) assessments and evaluations of the 
                methodological approaches to evaluating the 
                effectiveness of interventions and programs 
                designed to prevent youth violence and juvenile 
                delinquency;
                  (C) studies of the extent, nature, risk and 
                protective factors, and causes of youth 
                violence and juvenile delinquency;
                  (D) comparisons of youth adjudicated and 
                treated by the juvenile justice system compared 
                to juveniles waived to and adjudicated by the 
                adult criminal justice system (including 
                incarcerated in adult, secure correctional 
                facilities);
                  (E) recommendations with respect to effective 
                and ineffective primary, secondary, and 
                tertiary prevention interventions, including 
                for which juveniles, and under what 
                circumstances (including circumstances 
                connected with the staffing of the 
                intervention), prevention efforts are effective 
                and ineffective; and
                  (F) assessments of risk prediction systems of 
                juveniles used in making decisions regarding 
                pretrial detention;
          [(8)] (7) disseminate the results of such evaluations 
        and research and demonstration activities particularly 
        to persons actively working in the field of juvenile 
        delinquency;
          [(9)] (8) disseminate pertinent data and studies to 
        individuals, agencies, and organizations concerned with 
        the prevention and treatment of juvenile delinquency; 
        and
          [(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
          [(12) support independent and collaborative research, 
        research training, and consultation on social, 
        psychological, educational, economic, and legal issues 
        affecting children and families;
          [(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]) (9) routinely collect, analyze, compile, 
        publish, and disseminate uniform national statistics 
        concerning--
          * * * * * * *
    (b) The [Administrator] Director shall make available to 
the public--
          (1) the results of evaluations and research and 
        demonstration activities referred to in subsection 
        (a)(8); [and]
          (2) the data and studies referred to in [subsection 
        (a)(9)] subsection (a)(8);
that the [Administrator] Director is authorized to disseminate 
under subsection (a)[.]; and
          (3) regular reports on the record of each State on 
        objective measurements of youth violence, such as the 
        number, rate, and trend of homicides committed by 
        youths.

              [technical assistance and training functions

    [Sec. 244. The Administrator, acting through the National 
Institute for Juvenile Justice and Delinquency Prevention is 
authorized to--
          [(1) provide technical assistance and training 
        assistance to Federal, State, and local governments and 
        to courts, public and private agencies, institutions, 
        and individuals in the planning, establishment, 
        funding, operation, and evaluation of juvenile 
        delinquency programs;
          [(2) develop, conduct, and provide for training 
        programs for the training of professional, 
        paraprofessional, and volunteer personnel, and other 
        persons who are working with or preparing to work with 
        juveniles, juvenile offenders (including juveniles who 
        commit hate crimes), and their families;
          [(3) develop, conduct, and provide for seminars, 
        workshops, and training programs in the latest proven 
        effective techniques and methods of preventing and 
        treating juvenile delinquency for law enforcement 
        officers, juvenile judges prosecutors and defense 
        attorneys, and other court personnel, probation 
        officers, correctional personnel, and other Federal, 
        State, and local government personnel who are engaged 
        in work relating to juvenile delinquency;
          [(4) develop technical training teams to aid in the 
        development of training programs in the States and to 
        assist State and local agencies which work directly 
        with juveniles and juvenile offenders; and
          [(5) provide technical assistance and training to 
        assist States and units of general local government to 
        adopt the model standards issued under section 
        204(b)(7).]

                   [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 of private agencies and organizations with 
specific experience in the prevention and treatment of juvenile 
delinquency.]

                    [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.]

[participation in training program and state advisory group conferences

    [Sec. 247. (a) Any person seeking to enroll in the training 
program established under section 245 shall transmit an 
application to the Administrator, in such form and according to 
such procedures as the Administrator may prescribe.
    [(b) The Administrator shall make the final determination 
with respect to the admittance of any person to the training 
program. The Administrator, in making such determination, shall 
seek to assure that persons admitted to the training program 
are broadly representative of the categories described in 
section 245(b).
    [(c) While participating as a trainee in the program 
established under section 245 or while participating in any 
conference held under section 241(f), and while traveling in 
connection with such participation, each person so 
participating shall be allowed travel expenses, including a per 
diem allowance in lieu of subsistence, in the same manner as 
persons employed intermittently in Government service are 
allowed travel expenses under section 5703 of title 5, United 
States Code. No consultation fee may be paid to such person for 
such participation.]

                      [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 public and private nonprofit agencies, 
organizations, institutions, and individuals provide for each 
of the following during each fiscal year:
          [(1) Establishing or maintaining community-based 
        alternatives (including home-based treatment programs) 
        to traditional forms of institutionalization of 
        juvenile offenders.
          [(2) Establishing or implementing effective means of 
        diverting juveniles from the traditional juvenile 
        justice and correctional system, including 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) Developing or supporting model programs to 
        strengthen and maintain the family unit in order to 
        prevent or treat juvenile delinquency.
          [(6) 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 facilities, jails, and 
        lockups who are members of minority groups if such 
        proportion exceeds the proportion such groups represent 
        in the general population.
          [(9) 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 
Administrator 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 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, 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, 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 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;
          [(6) develop statewide programs through the use of 
        subsidies or other financial incentives designed to--
                  [(A) remove juveniles from jails and lockups 
                for adults;
                  [(B) 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 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) 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) 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] 244. (a) Any agency, institution, or individual 
desiring to receive a grant, or enter into a contract, under 
[this part] section 243 shall submit an application at such 
time, in such manner, and containing or accompanied by such 
information as the [Administrator] Director may prescribe.
    (b) In accordance with guidelines established by the 
[Administrator] Director, each application for assistance under 
[this part] section 243 shall--
          (1) set forth a program for carrying out one or more 
        of the purposes set forth in [this part] section 243 
        and specifically identify each such purpose such 
        program is designed to carry out;
          (2) provide that such program shall be administered 
        by or under the supervision of the applicant;
          (3) provide for the proper and efficient 
        administration of such program;
          (4) provide for regular evaluation of such program; 
        and
          [(5) certify that the applicant has requested the 
        State planning agency and local agency designated in 
        section 223, if any to review and comment on such 
        application and indicate the responses of such State 
        planning agency and local agency to such request;
          [(6) attach a copy of the responses of such State 
        planning agency and local agency to such request;
          [(7) provide that regular reports on such program 
        shall be sent to the Administrator and to such State 
        planning agency and local agency; and
          [(8)] (5) provide for such fiscal control and fund 
        accounting procedures as may be necessary to ensure 
        prudent use, proper disbursement, and accurate 
        accounting of funds received under this title.
    [(c) 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 of the 
        proposed program in carrying out this part;
          [(2) the extent to which such program will 
        incorporate new or innovative techniques;
          [(3) if a State plan has been approved by the 
        Administrator under section 223(c), the extent to which 
        such program meets the objectives and priorities of the 
        State plan, taking into consideration the location and 
        scope of such program;
          [(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
          [(6) 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.]
    (c) Factors for Consideration.--In determining whether or 
not to approve applications for grants and for contracts under 
this part, the Administrator shall consider--
          (1) whether the project uses appropriate and rigorous 
        methodology, including appropriate samples, control 
        groups, psychometerically sound measurement, and 
        appropriate data analysis techniques;
          (2) the experience of the principal and co-principal 
        investigators in the area of youth violence and 
        juvenile delinquency;
          (3) the protection offered human subjects in the 
        study, including informed consent procedures; and
          (4) the cost-effectiveness of the proposed project.
    (d)(1)(A) Programs selected for assistance through grants 
or contracts under [this part] section 243 [(other than section 
241(f))] shall be selected through a competitive process to be 
established by rule by the [Administrator] Director. As part of 
such a process, the [Administrator] Director shall announce in 
the Federal Register--
          (i) the availability of funds for such assistance;
          (ii) the general criteria applicable to the selection 
        of applicants to receive such assistance; and
          (iii) a description of the procedures applicable to 
        submitting and reviewing applications for such 
        assistance.
  (B) The competitive process described in subparagraph (A) 
shall not be required if the [Administrator] Director makes a 
written determination waiving the competitive [process--
          (i) with respect to programs] process 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) Programs selected for assistance through grants or 
contracts under [this part] section 243 (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.] (A) Programs selected for assistance through 
grants and contracts under this part shall be selected after a 
competitive process that provides potential grantees and 
contractors with not less than 90 days to submit applications 
for funds. Applications for funds shall be reviewed through a 
formal peer review process by qualified scientists with 
expertise in the fields of criminology, juvenile delinquency, 
sociology, psychology, research methodology, evaluation 
research, statistics, and related areas. The peer review 
process shall conform to the process used by the National 
Institutes of Health, the National Institute of Justice, or the 
National Science Foundation.
    (B) Such process shall be established by the 
[Administrator] Director 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] Director 
shall submit such process to such Directors, each of whom shall 
prepare and furnish to the chairman of the [Committee on 
Education and Labor] Committee on Economic and Educational 
Opportunities 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] Director, 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.
    (e) A city shall not be denied assistance under [this part] 
section 243 solely on the basis of its population.
    (f) Notification of grants and contracts made under [this 
part] Section 243 (and the applications submitted for such 
grants and contracts) shall, upon being made, be transmitted by 
the [Administrator] Director, to the chairman of the [Committee 
on Education and Labor] Committee on Economic and Educational 
Opportunities of the House of Representatives and 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 
                \1\ 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 1 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 [I] D--General and Administrative Provisions 89authorization of 
                             appropriations

    [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) In General.--There are authorized to be appropriated to 
carry out this title $160,000,000 for each of fiscal years 
1997, 1998, 1999, and 20000, of which--
          (1) $70,000,000 shall be expended for State formula 
        grants;
          (2) $70,000,000 shall be made available to the 
        National Institute for Juvenile Justice and Delinquency 
        Prevention for research, demonstration, and evaluation 
        of which not less than $28,000,000 shall be made 
        available for evaluation research of primary, 
        secondary, and tertiary juvenile delinquency prevention 
        programs;
          (3) $16,000,000 shall be expended for child 
        protection, of which $7,000,000 shall be made available 
        to carry out title IV: and
          (4) not more than $4,000,000 shall be expended for 
        administrative costs.
    (b) Availability.--Amounts made available under this 
section shall remain available until expended.
    [(d)] (c) No funds appropriated to carry out the purposes 
of this title may be used for any bio-medical or behavior 
control experimentation on individuals or any research 
involving such experimentation. For the purpose of this 
subsection, the term ``behavior control'' refers to 
experimentation or research employing methods which involve a 
substantial risk of physical or psychological harm to the 
individual subject and which are intended to modify or alter 
criminal and other anti-social behavior, including aversive 
conditioning therapy, drug therapy or chemotherapy (except as 
part of routine clinical care), physical therapy of mental 
disorders, electroconvulsive therapy, or physical punishment. 
The term does not apply to a limited class of programs 
generally recognized as involving no such risk, including 
methadone maintenance and certain alcohol treatment programs, 
psychological counseling, parent training, behavior 
contracting, survival skills training, restitution, or 
community service, if safeguards are established for the 
informed consent of subjects (including parents or guardians of 
minors).
    [(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) The Office shall be administered by the 
Administrator under the general authority of the Attorney 
General.
          * * * * * * *
    (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) * * *
          * * * * * * *
          (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 Youth Violence Reduction; 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] Except with respect to paragraphs 
(3), (5), (6), and (9) of section 223(a), 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.
           * * * * * * *
    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.] (a) There are authorized to be 
appropriated to carry out this title--
          (1) $69,000,000 for fiscal year 1997; and
          (2) such sums as may be necessary for each of fiscal 
        years 1998, 1999, and 2000.
    [(c)] (b) 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 cordinating 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)] (c) No funds appropriated to carry out the purposes 
of this title--
           * * * * * * *

                       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) the term ``missing child'' means any individual 
        less than 18 years of age whose whereabouts are unknown 
        to such individual's legal custodian if--
           * * * * * * *
          (2) the term ``Administrator'' means the 
        Administrator of the [Office of Juvenile Justice and 
        Delinquency Prevention] Office of Youth Violence 
        Reduction.
           * * * * * * *

                       [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).]

  [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. 502. FINDINGS.

    [The Congress finds that--
          [(1) approximately 700,000 youth enter the juvenile 
        justice system every year;
          [(2) Federal, State, and local governments spend 
        close to $2,000,000,000 a year confining many of those 
        youth;
          [(3) it is more effective in both human and fiscal 
        terms to prevent delinquency than to attempt to control 
        or change it after the fact;
          [(4) half or more of all States are unable to spend 
        any juvenile justice formula grant funds on delinquency 
        prevention because of other priorities;
          [(5) few Federal resources are dedicated to 
        delinquency prevention; and
          [(6) Federal incentives are needed to assist States 
        and local communities in mobilizing delinquency 
        prevention policies and programs.

[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. 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 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. GRANTS FOR PREVENTION PROGRAMS.

      [(a) Purposes.--The Administrator may make grants to a 
State, to be transmitted through the State advisory group to 
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;
          [(2) tutoring and remedial education;
          [(3) assistance in the development of work awareness 
        skills;
          [(4) child and adolescent health and mental health 
        services;
          [(5) alcohol and substance abuse prevention services;
          [(6) leadership development activities; and
          [(7) the teaching that people are and should be held 
        accountable for their actions.
    [(b) Eligibility.--The requirements of this subsection are 
met with respect to a unit of general local government if--
          [(1) the unit is in compliance with the requirements 
        of part B of title II;
          [(2) the unit has submitted to the State advisory 
        group a 3-year plan outlining the 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;
          [(5) the unit has, in order to aid in the prevention 
        of delinquency, included in its application a plan for 
        the coordination of services to at-risk youth and their 
        families, including such programs as nutrition, energy 
        assistance, and housing;
          [(6) the local policy board is empowered to make all 
        recommendations for distribution of funds and 
        evaluation of activities funded under this title; and
          [(7) the unit or State has agreed to provide a 50 
        percent match of the amount of the grant, including the 
        value of in-kind contributions, to fund the activity.
[(c) Priority.--In considering grant applications under this 
section, the Administrator shall give priority to applicants 
that demonstrate ability in--
          [(1) plans for service and agency coordination and 
        collaboration including the 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.

[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.]

                                APPENDIX

                      ANTI-DRUG ABUSE ACT OF 1988

              (Public Law 100-690; 102 Stat. 4181 et seq.)

          * * * * * * *

             TITLE III--DRUG ABUSE EDUCATION AND PREVENTION

          * * * * * * *

            [Subtitle B--Drug Abuse Education and Prevention

   [CHAPTER 1--DRUG EDUCATION AND PREVENTION RELATING TO YOUTH GANGS

[SEC. 3501. ESTABLISHMENT OF DRUG ABUSE EDUCATION AND PREVENTION 
                    PROGRAM RELATING TO YOUTH GANGS.

    [The Secretary of Health and Human Services, through the 
Administration on Children, Youth, and Families, shall make 
grants to, and enter into contracts with, public and nonprofit 
private agencies (including agencies described in paragraph 
(7)(A) acting jointly), organizations (including community 
based organizations with demonstrated experience in this 
field), institutions, and individuals, to carry out projects 
and activities--
          [(1) to prevent and to reduce the participation of 
        youth in the activities of gangs that engage in illicit 
        drug-related activities,
          [(2) to promote the involvement of youth in lawful 
        activities in communities in which such gangs commit 
        drug-related crimes,
          [(3) to prevent the abuse of drugs by youth, to 
        educate youth about such abuse, and to refer for 
        treatment and rehabilitation members of such gangs who 
        abuse drugs,
          [(4) to support activities of local police 
        departments and other local law enforcement agencies to 
        conduct educational outreach activities in communities 
        in which gangs commit drug-related crimes,
          [(5) to inform gang members and their families of the 
        availability of treatment and rehabilitation services 
        for drug abuse,
          [(6) to facilitate Federal and State cooperation with 
        local school officials to assist youth who are likely 
        to participate in gangs that commit drug-related 
        crimes,
          [(7) to facilitate coordination and cooperation 
        among--
                  [(A) local education, juvenile justice, 
                employment and social service agencies, and
                  [(B) drug abuse referral, treatment, and 
                rehabilitation programs,
        for the purpose of preventing or reducing the 
        participation of youth in activities of gangs that 
        commit drug-related crimes, and
          [(8) to provide technical assistance to eligible 
        organizations in planning and implementing drug abuse 
        education, prevention, rehabilitation, and referral 
        programs for youth who are members of gangs that commit 
        drug-related crimes.

[SEC. 3502. APPLICATION FOR GRANTS AND CONTRACTS.

    [(a) Submission of Applications.--Any agency, organization, 
institution, or individual desiring to receive a grant, or to 
enter into a contract, under section 3501 shall submit to the 
Secretary an application at such time, in such manner, and 
containing or accompanied by such information as the Secretary 
may require by rule.
    [(b) Contents of Application.--Each application for 
assistance under this chapter shall--
          [(1) set forth a project or activity for carrying out 
        one or more of the purposes specified in section 3501 
        and specifically identify each such purpose such 
        project or activity is designed to carry out,
          [(2) provide that such project or activity shall be 
        administered by or under the supervision of the 
        applicant,
          [(3) provide for the proper and efficient 
        administration of such project or activity,
          [(4) provide for regular evaluation of the operation 
        of such project or activity,
          [(5) provide that regular reports on such project or 
        activity shall be submitted to the Secretary, and
          [(6) provide 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 chapter.

[SEC. 3503. APPROVAL OF APPLICATIONS.

    [In selecting among applications submitted under section 
3502(a), the Secretary shall give priority to applicants who 
propose to carry out projects and activities--
          [(1) for the purposes specified in section 3501 in 
        geographical areas in which frequent and severe drug-
        related crimes are committed by gangs whose membership 
        is composed primarily of youth, and
          [(2) that the applicant demonstrates have the broad 
        support of community based organizations in such 
        geographical areas.

[SEC. 3504. COORDINATION WITH JUVENILE JUSTICE PROGRAMS.

    [The Secretary shall coordinate the program established by 
section 3501 with the programs and activities carried out under 
the Juvenile Justice and Delinquency Prevention Act of 1974 and 
with the programs and activities of the Attorney General, to 
ensure that all such programs and activities are complementary 
and not duplicative.

[SEC. 3505. AUTHORIZATION OF APPROPRIATIONS.

    [To carry out this chapter, there are authorized to be 
appropriated $16,000,000 for fiscal year 1992 and such sums as 
may be necessary for fiscal years 1993 and 1994.

[SEC. 3506. ANNUAL REPORT.

    [Not later than 180 days after the end of each fiscal year, 
the Secretary shall submit, to the Speaker of the House of 
Represent- atives and the President pro tempore of the Senate, 
a report de- scribing--
          [(1) the types of projects and activities for which 
        grants and contracts were made under this chapter for 
        such fiscal year,
          [(2) the number and characteristics of the youth and 
        families served by such projects and activities, and
          [(3) each of such projects and activities the 
        Secretary considers to be exemplary.

           [CHAPTER 2--PROGRAM FOR RUNAWAY AND HOMELESS YOUTH

[SEC. 3511. ESTABLISHMENT OF PROGRAM.

    [(a) The Secretary shall make grants to public and private 
nonprofit agencies, organizations, and institutions to carry 
out research, demonstration, and services projects designed--
          [(1) to provide individual, family, and group 
        counseling to runaway youth and their families and to 
        homeless youth for the purpose of preventing or 
        reducing the illicit use of drugs by such youth,
          [(2) to develop and support peer counseling programs 
        for runaway and homeless youth related to the illicit 
        use of drugs,
          [(3) to develop and support community education 
        activities related to illicit use of drugs by runaway 
        and homeless youth, including outreach to youth 
        individually,
          [(4) to provide to runaway and homeless youth in 
        rural areas assistance (including the development of 
        community support groups) related to the illicit use of 
        drugs,
          [(5) to provide to individuals involved in providing 
        services to runaway and homeless youth, information and 
        training regarding issues related to the illicit use of 
        drugs by runaway and homeless youth,
          [(6) to support research on the illicit drug use by 
        runaway and homeless youth, and the effects on such 
        youth of drug abuse by family members, and any 
        correlation between such use and attempts at suicide, 
        and
          [(7) to improve the availability and coordination of 
        local services related to drug abuse, for runaway and 
        homeless youth.
    [(b) Priority.--In selecting among applicants for grants 
under subsection (a), the Secretary shall give priority to 
agencies and organizations that have experience in providing 
services to runaway and homeless youth.
    [(c) Limitation.--Grants under this section may be made for 
a period not to exceed 3 years.

[SEC. 3512. ANNUAL REPORT.

    [Not later than 180 days after the end of a fiscal year for 
which funds are appropriated to carry out this chapter, the 
Secretary shall submit to the President, the Speaker of the 
House of Representatives, and the President pro tempore of the 
Senate a report that contains--
          [(1) a description of the types of projects and 
        activities for which grants were made under this 
        chapter for such fiscal year,
          [(2) a description of the number and characteristics 
        of the youth and families served by such projects and 
        activities, and
          [(3) a description of exemplary projects and 
        activities for which grants were made under this 
        chapter for such fiscal year.

[SEC. 3513. AUTHORIZATION OF APPROPRIATIONS.

    [To carry out this chapter, there are authorized to be 
appropriated $16,000,000 for fiscal year 1992 and such sums as 
may be necessary for fiscal years 1993 and 1994.

[SEC. 3514. APPLICATIONS.

    [(a) Submission of Application.--Any State, unit of local 
government (or combination of units of local government), 
agency, organization, institution, or individual desiring to 
receive a grant, or enter into a contract, under this chapter 
shall submit an application at such time, in such manner, and 
containing or accompanied by such information as may be 
prescribed by the Federal officer who is authorized to make 
such grant or enter into such contract (hereinafter in this 
chapter referred to as the ``appropriate Federal officer'').
    [(b) Contents of Application.--In accordance with 
guidelines established by the appropriate Federal officer, each 
application for assistance under this chapter shall--
          [(1) set forth a project or activity for carrying out 
        one or more of the purposes for which such grant or 
        contract is authorized to be made and expressly 
        identify each such purpose such project or activity is 
        designed to carry out,
          [(2) provide that such project or activity shall be 
        administered by or under the supervision of the 
        applicant,
          [(3) provide for the proper and efficient 
        administration of such project or activity,
          [(4) provide for regular evaluation of such project 
        or activity,
          [(5) provide that regular reports on such project or 
        activity shall be sent to the appropriate Federal 
        officer, and
          [(6) 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 chapter.

[SEC. 3515. REVIEW OF APPLICATIONS.

    [(a) Consideration of Factors.--In reviewing applications 
submitted under this chapter, the appropriate Federal officer 
shall consider--
          [(1) the relative cost and effectiveness of the 
        proposed project or activity in carrying out purposes 
        for which the requested grant or contract is authorized 
        to be made,
          [(2) the extent to which such project or activity 
        will incorporate new or innovative techniques,
          [(3) the increase in capacity of the State or the 
        public or nonprofit private agency, organization, 
        institution, or individual involved to provide services 
        to address the illicit use of drugs by runaway and 
        homeless youth,
          [(4) the extent to which such project or activity 
        serves communities which have high rates of illicit 
        drug use by juveniles (including runaway and homeless 
        youth),
          [(5) the extent to which such project or activity 
        will provide services in geographical areas where 
        similar services are unavailable or in short supply, 
        and
          [(6) the extent to which such project or activity 
        will increase the level of services, or coordinate 
        other services, in the community available to eligible 
        youth.
    [(b) Competitive Process.--(1) Applications submitted under 
this chapter shall be selected for approval through a 
competitive process to be established by rule by the 
appropriate Federal officer. As part of such a process, such 
officer shall publish a notice in the Federal Register--
          [(A) announcing the availability of funds to carry 
        out this part,
          [(B) stating the general criteria applicable to the 
        selection of applicants to receive such funds, and
          [(C) describing the procedures applicable to 
        submitting and reviewing applications for such funds.
    [(2) As part of such process, each application referred to 
in subsection (a) shall be subject to peer review by 
individuals (excluding officers and employees of the Department 
of Justice and the Department of Health and Human Services) who 
have expertise in the subject matter related to the project or 
activity proposed in such application.
    [(c) Expedited Review.--The appropriate Federal officer 
shall expedite the consideration of an application referred to 
in subsection (a) if the applicant demonstrates, to the 
satisfaction of the such officer, that the failure to expedite 
such consideration would prevent the effective implementation 
of the project or activity set forth in such application.
          [* * * * * * *]

                       [Subtitle C--Miscellaneous

[SEC. 3601. DEFINITIONS.

    [Unless otherwise defined by an Act amended by this title, 
for purposes of this title and the amendments made by this 
title--
          [(1) the term ``community based'' has the meaning 
        given it in section 103(1) of the Juvenile Justice and 
        Delinquency Prevention Act of 1974 (42 U.S.C. 5603(1)),
          [(2) the term ``controlled substance'' has the 
        meaning given it in section 102(6) of the Controlled 
        Substances Act (21 U.S.C. 802(6)),
          [(3) the term ``controlled substance analogue'' has 
        the meaning given it in section 102(32) of the 
        Controlled Substances Act (21 U.S.C. 802(32)),
          [(4) the term ``drug'' means--
                  [(A) a beverage containing alcohol,
                  [(B) a controlled substance, or
                  [(C) a controlled substance analogue,
          [(5) the term ``Director'' means the Chief Executive 
        Officer of the Corporation for National and Community 
        Service,
          [(6) the term ``illicit'' means unlawful or 
        injurious,
          [(7) the term ``institution of higher education'' has 
        the meaning given it in section 1201(a) of the Higher 
        Education Act of 1965 (20 U.S.C. 1141(a)),
          [(8) the term ``public agency'' has the meaning given 
        it in section 103(11) of the Juvenile Justice and 
        Delinquency Prevention Act of 1974 (42 U.S.C. 
        5603(11)),
          [(9) the term ``Secretary'' means--
                  [(A) the Secretary of Education for purposes 
                of subtitle A (other than section 3201),
                  [(B) the Secretary of Agriculture for 
                purposes of the amendments made by section 
                3201, and
                  [(C) the Secretary of Health and Human 
                Services for purposes of subtitle B,
          [(10) the term ``State'' has the meaning given it in 
        section 103(7) of the Juvenile Justice and Delinquency 
        Prevention Act of 1974 (42 U.S.C. 5603(7)),
          [(11) the term ``treatment'' has the meaning given it 
        in section 103(15) of the Juvenile Justice and 
        Delinquency Prevention Act of 1974 (42 U.S.C. 
        5603(15)), and
          [(12) the term ``unit of general local government'' 
        has the meaning given it in section 103(8) of the 
        Juvenile Justice and Delinquency Prevention Act of 1974 
        (42 U.S.C. 5603(8)).
          [* * * * * * *]

TITLE VII--DEATH PENALTY AND OTHER CRIMINAL AND LAW ENFORCEMENT MATTERS

          * * * * * * *

        Subtitle F--Juvenile Justice and Delinquency Prevention

          * * * * * * *

                        CHAPTER 4--MISCELLANEOUS

[SEC. 7295. INVESTIGATION AND REPORT BY THE COMPTROLLER GENERAL.

    [(a) Investigation.--Not later than 180 days after the date 
of the enactment of the Juvenile Justice and Delinquency 
Prevention Amendments of 1988, the Comptroller General of the 
United States shall begin to conduct an investigation of the 
extent to which--
          [(1) valid court orders, and
          [(2) court orders other than valid court orders,
are used in the 5-year period ending on December 31, 1988, to 
place juveniles in secure detention facilities, in secure 
correctional facilities, and in jails and lockups for adults.
    [(b) Report.--(1) Not later than 3 years after the date of 
the enactment of the Juvenile Justice and Delinquency 
Prevention Amendments of 1988, the Comptroller General 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 investigation 
conducted under subsection (a).
    [(2) In such report, the Comptroller shall specify 
separately with respect to secure detention facilities, secure 
correctional facilities, and jails and lockups for adults--
          [(A) the frequency with which juveniles were 
        confined,
          [(B) the length of confinement of juveniles, and
          [(C) the types of conduct of juveniles for which 
        confinement was imposed,
as a result of the enforcement of court orders of the 2 types 
described in paragraphs (1) and (2) of subsection (a).
    [(c) Definitions.--For purposes of this section--
          [(1) the term ``juvenile'' means an individual who is 
        less than 18 years of age,
          [(2) the term ``secure correctional facility'' has 
        the meaning given it in section 103(13) of the Juvenile 
        Justice and Delinquency Prevention Act of 1974 (41 
        U.S.C. 5603(13)),
          [(3) the term ``secure detention facility'' has the 
        meaning given it in section 103(12) of the Juvenile 
        Justice and Delinquency Prevention Act of 1974 (42 
        U.S.C. 5603(12)), and
          [(4) the term ``valid court order'' has the meaning 
        given it in section 103(16) of the Juvenile Justice and 
        Delinquency Prevention Act of 1974 (42 U.S.C. 
        5603(16)).]

                     THE CRIME CONTROL ACT OF 1990

            (Public Law 101-647, Approved November 29, 1990)

          * * * * * * *

              TITLE II--VICTIMS OF CHILD ABUSE ACT OF 1990

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Victims of Child Abuse Act 
of 1990''.

  Subtitle A--Improving Investigation and Prosecution of Child Abuse 
                                 Cases

SEC. 211. FINDINGS.

          * * * * * * *

SEC. 214B. AUTHORIZATION OF APPROPRIATIONS.

    (a) Sections 213 and 214.--There are authorized to be 
appropriated to carry out sections 213 and 214--
          (1) $15,000,000 for fiscal year [1993] 1997; and
          (2) such sums as are necessary for fiscal years 
        [1994, 1995, and 1996] 1998, 1999, and 2000.
    (b) Section 214A.--There are authorized to be appropriated 
to carry out section 214A--
          (1) $5,000,000 for fiscal year [1993] 1997; and
          (2) such sums as are necessary for fiscal years 
        [1994, 1995, and 1996] 1998, 1999, and 2000.

          Subtitle B--Court-Appointed Special Advocate Program

SEC. 215. FINDINGS.

          * * * * * * *

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 Youth 
Violence Reduction shall make grants to expand the court-
appointed special advocate program.
          * * * * * * *

 Subtitle C--Child Abuse Training Programs for Judicial Personnel and 
                             Practitioners

SEC. 221. FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds that--
          * * * * * * *

SEC. 223. SPECIALIZED TECHNICAL ASSISTANCE AND TRAINING PROGRAMS.

    (a) Grants To Develop Model Programs.--[(1)] The 
Administrator shall make grants [to national organizations] to 
develop 1 or more model technical assistance and training 
programs to improve the judicial system's handling of child 
abuse and neglect cases.
    [(2) An organization to which a grant is made pursuant to 
paragraph (1) shall be one that has broad membership among 
juvenile and family court judges and has demonstrated 
experience in providing training and technical assistance for 
judges, attorneys, child welfare personnel, and lay child 
advocates.
    [(b) Grants to Juvenile and Family Courts.--(1) In order to 
improve the judicial system's handling of child abuse and 
neglect cases, the Administrator shall make grants to State 
courts or judicial administrators for programs that provide or 
contract for, the implementation of--
          [(A) training and technical assistance to judicial 
        personnel and attorneys in juvenile and family courts; 
        and
          [(B) administrative reform in juvenile and family 
        courts.
    [(2) The criteria established for the making of grants 
pursuant to paragraph (1) shall give priority to programs that 
improve--
          [(A) procedures for determining whether child service 
        agencies have made reasonable efforts to prevent 
        placement of children in foster care;
          [(B) procedures for determining whether child service 
        agencies have, after placement of children in foster 
        care, made reasonable efforts to reunite the family; 
        and
          [(C) procedures for coordinating information and 
        services among health professionals, social workers, 
        law enforcement professionals, prosecutors, defense 
        attorneys, and juvenile and family court personnel, 
        consistent with subtitle A.
    [(c) Grant Criteria.--The Administrator shall make grants 
under subsections (a) and (b) consistent with section 262, 293, 
and 296 of title II of the Juvenile Justice and Delinquency 
Prevention Act of 1974 (42 U.S.C. 5665 et seq.).]
    (b) Grant Criteria.--The Administrator shall make grants 
under subsection (a) consistent with sections 244, 299B, and 
299E of title II of the Juvenile Justice and Delinquency 
Prevention Act of 1974.